Parker Waichman LLP

Medscape Weighs in on da Vinci Controversy

Although Intuitive Surgical, maker of the da Vinci robotic surgical system, continues to tout the controversial system’s so-called benefits, mounting injury reports and litigation tell a different story. Now, an editor and surgeon just published the slide show, “Robotic Surgery: Too Much, Too Soon,” on Medscape’s website, according to HealthNewsReview, in which a number of […]

medscape_da_vinci_controversyAlthough Intuitive Surgical, maker of the da Vinci robotic surgical system, continues to tout the controversial system’s so-called benefits, mounting injury reports and litigation tell a different story. Now, an editor and surgeon just published the slide show, “Robotic Surgery: Too Much, Too Soon,” on Medscape’s website, according to HealthNewsReview, in which a number of issues with the robotic system are highlighted.

In robotic-assisted surgery, a surgeon sits at a console operating multiple robotic arms that manipulate tiny tools that are inserted into the patient’s body via small incisions. The system uses a small, lighted camera that displays the surgical area in 3-D video. The da Vinci is the only robotic surgery approved by the U.S. Food and Drug Administration (FDA) for soft tissue surgeries.

The slideshow cites, among other issues, the problem with insufficient training and noted that Intuitive is facing litigation involving surgeons who are not properly trained on the system, according to HealthNewsReview. J. Kellogg Parsons, MD, Associate Professor of Surgery, Department of Urology, Moores Cancer Center, University of California, San Diego, told Medscape “there is no standardized process for credentialing, teaching, proctoring, or obtaining hospital privileges for robotic-assisted surgery.” The Institute of Medicine and the FDA have both noted that the process by which new devices are approved should be revised.

Earlier this year, James T. Breeden, MD, President of the American Congress of Obstetrics and Gynecology (ACOG), issued a statement recommending against use of robotic systems in routine gynecologic procedures. He noted that research suggests that similar outcomes are realized in both robotic and laparoscopic hysterectomies; however, employing robotics increases surgical costs significantly, noted HealthNewsReview. A JAMA study revealed that it costs about $2189 more per case for robotically assisted hysterectomy when compared to laparoscopic techniques.

The slide show also discussed that the European Association of Urology (EAU) issued guidelines on robotic and single-site urology surgery, concluding that, “Robot-assisted urologic surgery is an emerging and safe technology for most urologic operations.” The authors noted, however, that research did not reveal better long-term effects on incontinence and erectile dysfunction. It also remains unclear, noted HealthNewsReview, if robotic surgery provided better results in most traditional procedures.

One of the more worrisome issues with robotics is its price point, with the machines costing $1.5-$2.2 each, according to the slide show. Add to that service contracts at $160,000-$170,000 annually, another $600-$1000 for disposable instruments that are used just once and which, per procedure, involve 3-8 instruments, the price per surgery is about 20 percent higher per robotic procedure, according to analysis published in March. Hospitals carry the burden of cost, wrote HealthNewsReview.

Recently, Intuitive Surgical dropped its stock price significantly in the face of stalled sales, a warning from federal regulators, and mounting injury reports and litigation.

As we’ve written, in the face of growing patient injuries, some hospitals are opting against using the technology, which is expensive. In fact, oncologist Dr. Ezekiel Emanuel, a former White House adviser, agreed with a 2012 op-ed piece published in The New York Times saying, “This is a pseudo-innovation … a technology that increases costs without improving patients’ health,” The Monterey Herald reported. According to Dr. Emanuel, a 2009 study revealed that although patients who underwent prostate surgery with the da Vinci experienced reduced hospital stays and less initial complications, such as blood loss, they experienced increased incontinence and erectile dysfunction later.

Personal injury lawsuits brought over the da Vinci allege that the system caused severe internal injuries such as burns, tears, and other complications. Some procedures have led to chronic pain, disability, or death. Lawsuits also blame Intuitive’s aggressive marketing tactics, which appear to be meant to urge hospitals to purchase the expensive robotic device, and allege that design flaws inherent in the da Vinci, as well as poor physician training on the device, have been tied to serious injuries. Some 89 deaths have been associated with the da Vinci robotic surgical systems since 2009.

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
Parker and Waichman has some amazing attorneys. Josephine Burgess -Zephrine (my paralegal) and her staff are so very caring and compassionate. They made what was a very rough time, go a little smoother. I would recommend anyone that is injured by someone else's poor judgment To use Parker and Waichman.
Glenroy Hutchinson
5 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value
PENNY VALENCIA
3 years ago
5 Star Reviews 150
Aubrey Kendall
6 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