New York, NY (PRWEB) May 31, 2013
As da Vinci lawsuit claims alleging personal injuries due to the da Vinci Surgical System continue to move forward in courts around the country, Bernstein Liebhard LLP notes that a related class action lawsuit has been filed on behalf of Intuitive Surgical Inc. shareholders. According to the May 24th filing in U.S. District Court, Northern District of California, the lawsuit alleges that Intuitive made materially false and misleading statements regarding the safety and effectiveness of the da Vinci Surgical System. Among other things, the complaint accuses Intuitive of withholding information about da Vinci complications, which allegedly led to the inflated valuation of the companys stock. (Case No. 3:13-cv-02365-SC)
The da Vinci robot is the subject of a growing number of personal injury lawsuits, while at the same time, regulatory scrutiny of the device has also increased. Its not surprising that these developments have sparked shareholder concerns, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is currently offering free legal evaluations to individuals who allegedly suffered serious da Vinci complications, including organ perforations, lacerations, blood vessel tears, and surgical burns, in procedures involving the da Vinci Surgical System.
Da Vinci Lawsuits
The da Vinci Surgical System has been on the market since 2000, and is used in a wide range of laparoscopic surgeries, including hysterectomies, gall bladder removal, prostate removal, heart surgeries, and thyroid procedures. Among other things, the newly-filed shareholder lawsuit points out that the U.S. Food & Drug Administration (FDA) recently launched a survey of doctors, amid concerns about an increase in bad robot surgery reports to the agency. The robot has also been the subject of media reports that have raised questions about its safety, while the American Congress of Obstetricians and Gynecologists (ACOG) cautioned its members earlier this year that robotic-assisted hysterectomy should not be the first choice for most women in need of the procedure, according to the complaint.
In an April 19th filing with the U.S. Securities and Exchange Commission (SEC), Intuitive Surgical acknowledged that it had been named in more than two dozen da Vinci lawsuits involving personal injury allegations.* While the nations first trial involving such a claim recently concluded in Washington State with a verdict favoring Intuitive, a May 28th report from Thomson Reuters indicates that plaintiffs attorneys expect hundreds of similar filings in the future.** (Estate of Fred E. Taylor v. Intuitive Surgical Inc., 09-2-03136-5, Superior Court, State of Washington, Kitsap County (Port Orchard)) According to a notice entered in the U.S. District Court, Eastern District of Louisiana on March 14th, Intuitive has resolved at least one da Vinci lawsuit filed by a woman who was allegedly injured during a robot-assisted thyroid procedure. (Silvestrini v. Intuitive Surgical Systems Inc., No. 11-2704 (E.D. La.)
Court documents show that the U.S. Judicial Panel on Multidistrict Litigation (JPML) had declined last year to consolidate all federally-filed da Vinci complication claims in a single federal court for pretrial proceedings. However, Intuitive Surgical filed a petition with the U .S. District Court, Northern District of California on February 19th seeking coordination of 11 state and federal da Vinci robot lawsuits before a single judge. (Cook v. Intuitive Surgical Inc., No. 12-6363 (N.D. Calif.))
Patients who allegedly suffered serious da Vinci complications may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. To learn more about filing a da Vinci lawsuit, please visit Bernstein Liebhard LLPs website. Free, no-obligation legal evaluations can also be arranged by calling 800-511-5092.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 10 consecutive years.
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