Parker Waichman LLP

FDA Warns that 30 Medical Devices by Intuitive, including da Vinci, May not have been Tested

The U.S. Food and Drug Administration (FDA) announced on its website today that 30 medical devices, including the da Vinci Si Vision System Cart, Si Surgeon Side Cart, Instrument Control Box and Dual Camera Controller, have not have been properly tested by manufacturer Intuitive Surgical. The company is already facing litigation over injuries allegedly caused […]

FDA_warns_about_intuitive_surgicalThe U.S. Food and Drug Administration (FDA) announced on its website today that 30 medical devices, including the da Vinci Si Vision System Cart, Si Surgeon Side Cart, Instrument Control Box and Dual Camera Controller, have not have been properly tested by manufacturer Intuitive Surgical. The company is already facing litigation over injuries allegedly caused by its da Vinci surgical robot.

The issue the FDA has with the devices, Bloomberg reports, is that factory testing may not meet compliance standards. As a result, the agency has issued a class 2 recall for the products. The class 2 recall means that the devices pose “a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote”.  Intuitive sent an Urgent Device Correction notice to all affected customers on June 27th, the FDA said.

Earlier this year, the FDA began surveying surgeons about the use of the da Vinci surgical robot. This survey was done in response to an increasing number of adverse injury reports, including 70 deaths.

In the second quarter alone, the da Vinci reaped $215 million in sales with more than 143 units sold, according to Bloomberg. The system involves a video-game like set up where the surgeon sits several feet away from the patient and looks into a high definition screen to view what is being done. Hand controls and foot pedals are used to guide mechanical arms during surgery. The da Vinci, which is currently the only type of robot-assisted surgery in the US, has allegedly caused injuries such as burns and cut blood vessels. At least two dozen lawsuits are pending in court, some of which allege that the system caused fatal complications. The first of these cases went to trial in Washington state court, Kitsap County.

Among other things, Plaintiffs in the lawsuits against Intuitive allege that the company failed to properly trained surgeons. During the first trial, Plaintiffs’ attorneys presented evidence suggesting that Intuitive actually encouraged surgeons to use the system before an adequate number of supervised surgeries.

In an inspection report issued May 30, the FDA faulted Intuitive for failing to report measures it took to prevent patients from electrical burns. Other health professional groups and regulatory-type agencies have also taken issue with the system. In March, the president of the American Congress of Obstetricians and Gynecologists warned consumers that there is little evidence showing that robot surgery is the best option for minimally invasive hysterectomy. Shortly afterwards the Massachusetts Board of Registration in Medicine warned about complications linked to the da Vinci, including bleeding, adhesions, damage to the bowel and ureter, and one case where a piece of rectal tissue was left inside the patient.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Thank you to everyone at this law firm for dealing with my case, especially Joonho Hong for closing this case out.
Constantine Kefalogiannis
6 years ago
5 Star Reviews 150
It was a pleasure speaking with Ms. Josama. I really like how she made my grandmother feel safe and secure and make a decision. Thank you.
Matt Smart
4 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness Benita, I am so grateful for your passion, professionalism and dedication. I appreciate the amazing legal work you did on my behalf. Thank you so much!
Amelia Hendricks
3 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038