Parker Waichman LLP

Shareholders Allege Intuitive Concealed Safety Issues Associated with da Vinci Surgical Robot

Intuitive is facing a shareholder derivative lawsuit alleging that the company under-reported adverse events associated with the da Vinci surgical system and hid at least three recalls from the U.S. Food and Drug Administration (FDA). According to Mass Device, the suit was filed on behalf of the City of Birmingham Relief & Retirement System in […]

Intuitive is facing a shareholder derivative lawsuit alleging that the company under-reported adverse events associated with the da Vinci surgical system and hid at least three recalls from the U.S. Food and Drug Administration (FDA). According to Mass Device, the suit was filed on behalf of the City of Birmingham Relief & Retirement System in the U.S. District for Northern California. The shareholders allege that Intuitive and its board failed “to make a good-faith effort to ensure that Intuitive complied with applicable laws and FDA regulations governing the safety of medical devices designed to protect the health of the American public,” according to court documents.  

Sunnyvale, California-based Intuitive manufactures the da Vinci surgical robot, which is touted as a means to conduct minimally invasive surgery. However, there have been many safety issues surrounding the system since it has been in use. There have been reports of burns and/or tears, punctured blood vessels, bowel injuries, excessive bleeding, vaginal cuff dehiscence and death associated with the surgical robot.

The shareholder lawsuit alleges that the company grossly underreported injuries and complications associated with the da Vinci. They allege that, among the events that they did report, they did so inappropriately by categorizing the events as “other” rather than “serious injury” or “death”. Furthermore, it is alleged that the company hid from the FDA at least 3 recalls warning hospitals that the “tip cover” of the da Vinci can malfunction and burn the patient’s tissue.

Three Intuitive executives, CEO Gary Guthart, CFO Marshall Mohr and chairman and former CEO Lonnie Smith, are also accused of some $113 million in insider trading in ISRG stock. Shareholders allege that they were able to sell their stock at an artificially inflated price because they knew the price would drop as soon as investors found out about the numerous safety and quality issues associated with da Vinci.

Intuitive is also facing at least two lawsuits from insurers who alleged that the company hid legal claims. Last November, the Illinois Union Insurance Co. filed a lawsuit in the U.S. District Court for Northern California alleging that the company only revealed 25 legal claims filed over da Vinci. Navigators Specialty Insurance Co. made similar allegations, according to Mass Device.

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
Positive: Professionalism , Quality , Responsiveness , Value
Diane Volpe
3 years ago
5 Star Reviews 150
Positive: Professionalism , Responsiveness Gina Viti was our paralegal during the claim process and was very responsive, professional and supportive. We appreciate all she did to bring the claim to a satisfactory conclusion.
ann gallas
2 years ago
5 Star Reviews 150
Parker Waichman was there for me when I needed them. They came through 100% x 10.. I highly recommend Parker Waichman LLP.
Even Levee
a month 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