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.


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.

Contact Us for a Free Case Review
866-517-5659
info@tjhlaw.com
Read More - Side Contact Form

Contact Us for a Free Case Review
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.

Following an accident, there are always more questions
than answers. At Thomas J. Henry, we’re here to answer
any questions you have about your injury case.

A tort is a civil wrongful act committed by a person or company that results in harm to another person. A mass tort is when multiple victims are injured by the same single tort.
A court will consider if a mass tort lawsuit is permissible by determining:
  • whether a large number of plaintiffs are involved
  • whether the plaintiffs are located near or far from each other;
  • whether the injuries sustained are similar among the plaintiffs;
  • whether the claims arose from the same cause (defective toy, car part, oil spill, etc.)
  • Defective products, such as car parts, toys, or other consumer goods.
  • Pharmaceutical drugs, such as those that are later linked to severe or fatal health consequences
  • Environmental hazards, such as polluted water sources contaminated by nearby industrial sites or an oil leak.
Thousands of lawsuits across the country may be filed with a mass tort. These lawsuits are filed in numerous federal district courts. In a mass tort, federal judges will consolidate the thousands of lawsuits into a single proceeding. One judge in a single federal district court will oversee litigation, allowing for consistent rulings and a more expeditious process for the plaintiffs.
In a mass tort, each plaintiff (injured person) has an individual claim resulting from their unique damages. In a class action, many plaintiffs are considered collectively. Similarly, in a mass tort, each individual's claim "value" is unique to the severity of their injuries. In a class action, plaintiffs generally suffer injuries of similar severity, resulting in the same amount of compensation value.
If you have been injured or suffered illness due to a recalled drug, having an expert witnesses can be essential to proving your claim. Thomas J. Henry has spent decades building professional relationships with leading experts including:
  • Pharmacologists
  • Toxicologists
  • Regulatory Compliance Consultants
  • Forensic toxicologists
  • Drug Injury Causation Experts
  • Biomechanics

Why Choose Us

Dollar signs with a strike-through

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.

Family standing next to a house and car with a checkmarked shield icon

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.
Car, truck and motorcycle icons

Full-Service Injury Firm

We handle all types of injury cases, including vehicle accidents, slip and falls, medical malpractice, vehicle recalls, product recalls, pharmaceutical cases, mass tort, and more.
Car with TJH logo zooming

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.
Why Choose Us - Over 250 Attorneys Available

Largest Injury Firm in Texas

We have 250+ personal injury attorneys available 24/7 to help you and your family. We have the power and resources to handle any case. Call now for your free case review.

Silhouette of the United States icon

Nationally Recognized

Our firm wins top verdict awards each year and has been featured in Texas Monthly, Bloomberg BusinessWeek, Newsweek.com, Forbes, Fortune, Parenting Magazine and more.
Starred ribbon on a document

Top Verdicts & Settlements

We win some of the top verdicts, settlements, and judgments in the country. Recent recoveries include $50 million for a trucking accident, $35 million for a trucking accident and $30.2 million for a vehicle recall accident.

Recent Results

This is just a small sampling of the results we have obtained for our clients.
Please click through to view more verdicts, settlements, and judgments.
Trucking Accident

$50 Million

NECK INJURIES

SPINE & BACK INJURIES

Trucking Accident

$35 Million

WRONGFUL DEATH

Product Liability

$30.22 Million

SPINE & BACK INJURIES

Premises Liability

$14.75 Million

TRAUMATIC BRAIN INJURY

Medical Malpractice

$12.7 Million

SPINE & BACK INJURIES

Company Vehicle Accident

$10 Million

NECK INJURIES

SPINE & BACK INJURIES

Help & Information

Thomas J. Henry Automobile Crash Statistics Infographic
INFOGRAPHIC

Car Accident Accident Facts and Statistics

Every year, millions of Americans are injured in crashes involving cars, trucks, and SUVs.
Thomas J. Henry FAQs - Texas Auto Accidents
VIDEOS

Are punitive damages available in a Texas auto accident case?

Learn about recoverable damages available to you after suffering an auto accident injury.
Thomas J. Henry Legal Guide "A Guide to Texas Personal Injury Law"
LEGAL GUIDE

Texas Personal Injury Legal Guide

Learn about the car accident claim process in Texas and how best to protect your rights.

Our Practice Areas

Representing injured victims from across the United States.

Blog

ACCIDENTS

Fiery Crash with 18-Wheeler Leaves One Dead in San Antonio

San Antonio authorities are investigating a violent collision that resulted in one death Friday morning.
ACCIDENTS

What is the Legal Alcohol Limit in Texas?

In Texas, the legal limit for blood alcohol concentration (BAC) of 0.08 or more if you are 21 years of age or older. Here is what you need to know about BAC and the legal limit.
Are car accident lawyers worth it?
SAFETY TIPS

What to Do After a Car Accident in Austin, Texas

Being involved in a car accident can bring many hardships, both financially and mentally. However, knowing the right steps to take after being involved in a car accident can help protect your well-being and your legal rights. At Thomas J. Henry, we understand the stress that comes with being in an accident, and we are […]
Two people with their hands placed on a casket at a funeral.
LEGAL GUIDE

Wrongful Death Statutes in Texas: Tips to Take Note of

Losing a loved one will always be a difficult time to get through. When you lose someone due to someone else’s negligence, you are left devastated, and probably wondering what to do now? You have options. In Texas, wrongful death statutes outline the legal framework for holding responsible parties accountable. Immediate family members, including spouses, […]

Customer Reviews

Julie Elliot

Austin | 1 year ago

Very professional and overall great experience!

Shannon Peterson

Austin | 2 years ago

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

C. Files

Austin | 1 year ago

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

Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting