Attorneys Francois Blaudeau and Mark Geragos Settle DaVinci Robotic Lawsuit With Intuitive Alleging Internal Injuries After Robot-Assisted Hysterectomy
DaVinci Robotic Surgery Lawsuit News: As California jurors deliberated in a DaVinci robotic surgery lawsuit trial, Intuitive settled with plaintiffs attorneys, Francois Blaudeau and Mark Geragos. The DaVinci robotic surgery lawsuit alleged a California women suffered severe internal injuries after a robot-assisted hysterectomy. Terms of the Intuitive settlement with the plaintiff, Michelle Zarick, have not been disclosed, and the jury was dismissed before reaching its’ verdict, but attorney’s for Ms. Zarick, who were not authorized to disclose the Intuitive settlement, were reported to be very happy with the last minute settlement.
The DaVinci robotic surgery lawsuit against intuitive began two weeks ago and was filed after Ms. Zarick suffered severe injuries. Five weeks after undergoing a robot-assisted hysterectomy her intestines protruded through her vagina forcing her to undergo emergency surgery. Ms. Zarick who is 44, and her husband Ryan were seeking up to a total of $300 million. A settlement statement filed on the couple’s behalf stated they were seeking $50 million in economic damages and $250 million for emotional distress in the DaVinci robotic surgery lawsuit.
Attorney Francois Blaudeau of Southern Med Law Argued Tip Cover On DaVinci Surgical Arm Found Defective By FDA
Attorney Blaudeau, founder of Southern Med Law, told jurors that the robotic surgical arm used on Zarick contained a tip cover that the U.S. Food and Drug Administration found to be defective. He further argued that Intuitive Surgical knew the DaVinci robotic surgical system was causing burn injuries in patients but had decided to continue selling the potentially harmful surgical device in order to maximize their profit.
FDA Warning Letter to Intuitive Surgical Regarding Problems With Robotic Surgical Arm
In July of 2013, the FDA had sent a warning letter to Intuitive Surgical after an inspection of its headquarters in Sunnyvale, California revealed the company needed to correct several problems with it’s robotic surgical arm. While Intuitive Surgical did send letters to doctors and hospitals about the reported problems, the FDA said Intuitive did not send letters, as it was required, to the FDA.
Among the problems stated by the FDA was arcing through defective tip covers that caused patient injuries. Dr. Blaudeau explains that arcing is a common malfunction that causes electric currents to leak out of the DaVinci device and cause sparks.
Dr. Blaudeau argued the device used on Zarick contained the tip cover that the U.S. Food and Drug Administration found to be defective. However, the company has since improved the insulation, eradicating the problem and making the robot “much, much safer today,” Blaudeau said.
Judge Mark Pierce who was presiding over the Intuitive trial in Santa Clara Superior court, told jurors before dismissing them. “In this case, I think a very good thing has happened: The parties have reached an out-of-court settlement.”
The Zarick’s DaVinci robotic surgery lawsuit was the second to go to trial. Intuitive is still facing numerous other DaVinci robotic surgery lawsuits including a shareholder lawsuit filed in federal court in San Jose. That Intuitive DaVinci robotic surgery lawsuit alleges management and the board of directors was aware of problems with the robotic arms and tried to hide the extent of the issues from the FDA. Intuitive denies they allegations
In a statement released by Intuitive Surgical late Wednesday, the company stated; “Intuitive Surgical presented strong scientific evidence in support of our case at trial,” the company said in a written statement. “The company stands behind our products and the work our employees do to advance high-quality minimally invasive surgery.”
Southern Med Law represents numerous women and their families across the country that have been victims of negligent personal injuries, medical malpractice, dangerous drugs, defective medical devices such as Intuitive’s DaVinci robot. As seen in this DaVinci lawsuit trail, the firm is not afraid to take on the nation’s largest corporations, and is committed to ensuring that all victims have access to the type of aggressive legal representation that assures success. If you would like more information on this DaVinci robot lawsuit or other legal matters please visit www.southernmedlaw.com, or call the office directly at 205-547-5525.