Go back

Da Vinci Surgical Robot Lawsuit

Serving Clients Nationwide From Our Texas Offices in Corpus Christi, San Antonio, Austin, and Dallas

The da Vinci Surgical System is a robotic surgical system that is controlled by a surgeon via console controls. Created by Intuitive Surgical, the system is designed to perform surgery using a minimally invasive approach and has been hailed as a revolutionary improvement to traditional laparoscopic surgery. Unfortunately the system, which is used in hospitals across the United States, has been blamed for numerous surgical mishaps, serious injuries, and patient deaths. More than 500 da Vinci incidents have been reported by the FDA since January 2012.


Table of Contents
Da Vinci Surgical Robot Injuries

A number of da Vinci robotic surgery lawsuits have been filed against Intuitive Surgical, Inc., maker of the da Vinci surgical system. The da Vinci surgical machine has been linked to the following injuries:

  • Burns
  • Tears
  • Peritonitis
  • Tissue inflammation
  • Infection
  • Sepsis
  • Excessive bleeding
  • Punctured blood vessels, organs or arteries
  • Severe bowel and intestine injuries
  • Correction surgery
  • Follow-up surgery
  • Wrongful death

The da Vinci surgical robot system, which received FDA approval in 2000 through a controversial process called “premarket notification,” often used to permit medical devices to be used without the typical rigorous testing required of new drugs/devices, has been the subject of numerous lawsuits alleging:

  • Improper training for surgeons
  • Defective product design
  • Equipment malfunction
  • Improper marketing tactics

FDA Reports Serious Injuries and Deaths Linked to Da Vinci System

In July 2014, the Food and Drug Administration (FDA) warned Intuitive Surgical that there would be equipment seizures and fines if the company did not correct alleged violations regarding the da Vinci surgical system. The FDA claimed that the company was not adequately reporting adverse events caused by the robotic system.

A review of FDA data regarding these adverse events revealed that 71 deaths and 174 serious injuries were associated with the da Vinci surgical system. A surgeon who contributed to the review said the current FDA self-reporting system is “haphazard and inconsistent.” In addition, a 2014 study suggested that the use of the da Vinci surgical robot for ovarian cyst removal could result in more complications than ordinary minimally invasive techniques. Other studies showed that surgery with the da Vinci system offered no significant improvement over traditional laparoscopic approaches to other surgeries, including gallbladder removal and colorectal surgery.


Da Vinci Surgical System Lawsuits: When To Contact an Attorney

If you or a loved one have been injured after undergoing a medical procedure performed with a da Vinci surgical robot system, contact Thomas J. Henry immediately. Our experienced defective medical device and dangerous drug attorneys are available 24/7, nights and weekends to take your call and evaluate your da Vinci surgical system lawsuit. Our firm has offices in Corpus Christi, San Antonio, Dallas, Austin, and Houston serving clients across Texas and nationwide. Call us today for a free case review.


 

Read more

Contact us for a free case review

Read More – Side Contact Form

Your questions
answered

We have straight answers to difficult questions
to help you make critical decisions, navigate
legal process and help you get justice.

Contact 24-7
How Does the “No Win No Fee” Promise Work?

The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.

This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.

The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.

Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!

Learn More

Do I Have to Pay to Speak with an Injury Attorney?

Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.

To learn more about what it takes to speak with an injury attorney about your claim here.

Do I Need a Personal Injury Attorney Help Me Settle My Case?

Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.

By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.

If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.

What is a Contingency Fee?

In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.

Most lawyers prefer not to work on contingency cases for two reasons:

  • There is a risk the firm will be paid nothing
  • Any payment is delayed until money is collected from the opposing party

Generally, a lawyer who accepts contingency fee cases:

  • Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
  • Is more selective about the cases they accept.
  • Is very confident in their ability to win the cases they choose to handle.

Learn More

How Much Does it Cost to Hire a Personal Injury Attorney?

The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.

Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.

This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.

Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.

Learn More

How Much Is My Personal Injury Case Worth?

In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.

Learn more about how to estimate the value of your personal injury claim here.

More questions

Why
choose
us?

About Us
Full-Service Injury Firm

We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.

No Win, No Fee

Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.

Help with Bills

If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.

Help with Medical Care

We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.

We Come to You

If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.

Start your case now
Recent Results

Real results for real people. Achieving transformative verdicts and substantial settlements through dedicated legal expertise.

All recents results
Product Liability
$30.22 Million
spine & back injuries
Trucking Accident
$35 Million
wrongful death
Trucking Accident
$50 Million
neck injuries, spine & back injuries
Premises Liability
$14.75 Million
traumatic brain injury
Medical Malpractice
$12.7 Million
spine & back injuries
Medical Malpractice
$10.94 Million
traumatic brain injury
Company Vehicle Accident
$10 Million
neck injuries, spine & back injuries
Company Vehicle Accident
$9 Million
wrongful death
Company Vehicle Accident
$8.5 Million
leg injuries
Trucking Accident
$8.28 Million
spine & back injuries, traumatic brain injury
Company Vehicle Accident
$8 Million
fractures & soft tissue injuries, spine & back injuries, traumatic brain injury
Product Liability
$7.2 Million
vital organ injuries
Automobile Accident
$7.1 Million
spine & back injuries
Premises Liability
$7 Million
spine & back injuries
Automobile Accident
$6.75 Million
leg injuries, neck injuries, spine & back injuries, traumatic brain injury
Workplace Accident
$6 Million
wrongful death
Trucking Accident
$6 Million
wrongful death
Trucking Accident
$5.8 Million
fractures & soft tissue injuries
Company Vehicle Accident
$5.8 Million
spine & back injuries
Company Vehicle Accident
$5.26 Million
traumatic brain injury
Premises Liability
$5 Million
leg injuries, neck injuries, spine & back injuries
Trucking Accident
$5 Million
neck injuries, spine & back injuries
Company Vehicle Accident
$5 Million
fractures & soft tissue injuries, spine & back injuries
Trucking Accident
$5 Million
wrongful death

Related
Practice Areas

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

Customer
Reviews

Care and comfort for clients is the #1 priority for these guys. You guys continue to provide the best for everyone!

Leon Rodriguez
Dallas. 2 years ago

Took care of my friend and her daughters accident case! Got the maximum allowed! Also I love he gives back to our community!

Karla Kittley
Dallas. 1 year ago

Thank you for all your help and support!!!

Molly Adams
Dallas. 2 years ago

Very helpful and straight forward with my case. Very satisfied.

Henry Reyes
Austin. 11 months ago

At one of the lowest points in my life, when the world literally came crashing down on me, I made the best decision in my life by seeking immediate representation by this law firm!

Albert Wooten
Austin. 11 months ago

Truly was always there when I reached out. White glove service.

C. Files
Austin. 1 year ago

Very professional and courteous staff. Gets the job done swiftly and promptly! Friendly and always treats you with respect.

Shannon Peterson
Austin. 1 year ago

Very professional and overall great experience!

Julie Elliot
Austin. 1 year ago
Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting