Maker of da Vinci Surgical System Failed to Report 734 Injury Claims
According to a report from Bloomberg, two insurance companies claim that Intuitive Surgical, when applying for liability coverage, failed to disclose over 700 injury claims.
Intuitive Surgical and the Injury Claims
Intuitive Surgical is the maker of the well-known and highly utilized da Vinci surgical robotic platform. Intuitive Surgical has denied the claims that have been made against them, and have also formed their own accusations against the two insurance companies that released the claims: Illinois Union Insurance Co. and Navigators Specialty Insurance Co. Intuitive Surgical has accused Illinois Union and Navigators Specialty of breaking their own contracts and acting deceitfully.
The two insurers of Intuitive Surgical provide $25 million in coverage to Intuitive. If a federal judge decides in favor of the two insurers, Intuitive Surgical could be left self-insured for an entire year.
When Intuitive Surgical applied for coverage in 2013, Illinois Union claims that Intuitive reported only 24 insurance claims, while failing to disclose an additional 734 more. Illinois Union stated that had they known the true number of tolling agreements, they would have withdrawn their liability coverage.
Intuitive Surgical defends themselves on the grounds that the policy application only asked about incidents that were “likely to result in a claim”.
Navigators Specialty and Illinois Union are scheduled to go before U.S. District Judge Jon Tigar in San Francisco next Thursday to seek a rescission request without a trial.
Common Injuries Associated with da Vinci Surgical Platform
The da Vinci surgical platform has been linked to hundreds of injuries and at least five patient deaths.
Among the most common injuries reported to the FDA were:
- Excessive bleeding
- Punctured organs and tissues
- Severe bowel and intestine injuries