Parker Waichman LLP

Hospitals May Be Underreporting da Vinci Robotic Surgical System Incidents

As injury and death reports associated with the use of robotics, such as the da Vinci robotic surgical system,  in the operating room mount, information is beginning to emerge that has prompted federal regulators to take a closer look at the controversial technology. In one case, a woman undergoing a hysterectomy last year was slapped […]

daVinci_SurgeryAs injury and death reports associated with the use of robotics, such as the da Vinci robotic surgical system,  in the operating room mount, information is beginning to emerge that has prompted federal regulators to take a closer look at the controversial technology.

In one case, a woman undergoing a hysterectomy last year was slapped in the face by the da Vinci surgical robotic device while she was under general anesthesia, according to a HealthTechZone report. The device’s robotic arm loosened and struck the woman in her face. In that case, the surgeon stopped the procedure and continued the procedure using more traditional surgery and the hospital filed a report with the U.S. Food and Drug Administration (FDA).

That report is just one of 500 filed with the FDA over the da Vinci, according to HealthTechZone, citing the Associated Press (AP). The 500 reports have been received from January 2, 2012 and prompted the federal regulator to open an investigation of the devices last month.

In robotic-assisted surgery, a surgeon sits at a console operating three or four robotic arms, which manipulate small tools that are inserted into the patient’s body by way of tiny incisions. A small, lighted camera displays the surgical area in 3-D video.

The da Vinci is, noted the AP, the only robotic surgery approved by the FDA for soft tissue procedures such as prostate and gallbladder removal, hysterectomies, heart repair, stomach reduction, and organ transplantation. Similar devices have been approved for neurosurgery and orthopedics.

The FDA is now seeking information from surgeons at key hospitals regarding complications seen with the da Vinci and the surgeries for which robotic surgery devices are the best and least suited. Meanwhile, the state-of-the-art system has been the focus of an increasing number of lawsuits and death and injury reports and is at the center of a growing dispute over how the technology is marketed and used.

Prior research published in the Journal of Healthcare Quality reviewed United States hospital websites to better understand how hospital were presenting surgery conducted with robotic devices. Nationwide, 41 percent of hospitals touted procedures conducted with the da Vinci, which is marketed by Intuitive Surgical, according to the HealthTechZone report. Of these, 89 percent claimed that the robotic systems offered clinically superior results compared to traditional surgery, some even using compelling and emotional ads to prompt more patients to use the systems in their surgeries. None of the websites surveyed, noted HealthTechZone, mentioned any risks.

Of the article’s authors, Dr. Martin Makary of Johns Hopkins, has pointed out that no research exists that proves that robotic surgery provides superior outcomes over traditional surgery. And, with the systems costing about $2 million each, there are concerns that the intense marketing efforts have more to do with money than patient health, according to HealthTechZone. Another paper co-authored by Makary reports that physicians are not always reporting negative incidents involving the da Vinci.

da Vinci personal injury lawsuits allege the da Vinci has caused severe internal injuries, including burns, tears, and other complications, some of which resulted in death or chronic pain and disability. Lawsuits fault aggressive marketing tactics used by Intuitive to convince hospitals to purchase the expensive surgical robot, and allege that a combination of design flaws inherent in the robot, coupled with poor physician training on the device, have resulted in serious injuries. Some 70 deaths have been linked to robotic surgical systems since 2009.

In a recent regulatory filing, Intuitive said it faces 26 lawsuits from people alleging injuries associated with its da Vinci surgical system; that it has entered into agreements with some plaintiffs’ attorneys to temporarily suspend the statutory deadline for filing suits alleging injury due to da Vinci surgery; and acknowledged it has seen a “substantial increase” these types of claims, said Bloomberg News.

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 for reaching out to the public through your tv ad! Your staff was always available and very helpful during the entire process of being eligible for the 9/11 compensation fund. The fund continues to assist us with my husbands illness. Without you, our eyes would have never been open to his eligibility. We can never thank you enough! Martha-jean Rosiello xox
martha-jean rosiello
2 years ago
5 Star Reviews 150
Aubrey Kendall
6 years ago
5 Star Reviews 150
Michelle Josama was absolutely fantastic. Glad we got her for our case. Had a great experience!
Rafael Garcia
5 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