There have been some interesting developments in the da Vinci Surgical Robot litigation.
da Vinci Class Action Lawsuit Update
We reported last year on the efforts of some plaintiffs’ lawyers to combine existing and future da Vinci lawsuits into a type of class action lawsuit known as an MDL. An MDL groups similar cases together in federal courts for convenience and efficiency. Those cases would be handled by one judge and would have consistent general discovery, but would then have individual trials unless there was some sort of global da Vinci settlement. Well, the petition for MDL-2381, In Re: Intuitive Surgical, Inc., Da Vinci Robotic Surgical System Products Liability Litigation was denied on August 3, 2012. The original petition included four cases spread out over four states. The JPML denied the petition we think correctly, noting that the cases were “straightforward personal injury or wrongful death actions.” Essentially, there were very few cases, and those cases would rely on largely unique and individual facts that were better suited to a standard and stand-alone lawsuit. The plaintiffs would have had a better chance (though not a great chance) if they had argued for consolidation of specific subsets of injuries—for example, hysterectomies. However, the reports thus far indicate that there are several different causes of injury, even for hysterectomy procedures. This was the right decision.
NBC recently aired a report featuring the stories of many victims of the da Vinci. Click here for the eye-opening broadcast.
Intuitive Surgical Wins the First Trial
The maker of the da Vinci robot won the first reported trial. Filed in Washington state, the plaintiffs argued that Intuitive negligently trained a doctor who used the robot to perform a prostatectomy (removal of the prostate gland). The surgery caused kidney failure, brain damage, and eventual death. However, the device’s manufacturer was able to successfully argue at the five-week trial that the doctor was solely at fault. Though unsuccessful against the manufacturer, the case settled against the doctor before trial. Continue reading →