ok so there is some lawsuit CLAIMING INJURIES AND A SETTLEMENT
plaintiff’s law firm based in San Francisco, CA representing several individuals allegedly injured as a result of surgery performed with the da Vinci Surgical Robot, notes that a recent Bloomberg report suggesting that Intuitive Surgical Inc., the manufacturer of the da Vinci System, has provided less than adequate training to doctors and hospitals that have deployed this robotic technology. It is alleged that this lack of training may have directly contributed to injuries suffered by many individuals who have undergone procedures using the da Vinci robot.
“It does appear, as more cases are filed, that additional issues continue to surface regarding the potential problems with robotic surgery,” notes William M. Audet, an attorney who has been in contact with a number of clients and potential clients alleging injuries connected to da Vinci robotic surgery. "The issue of substandard training of hospitals and doctors in connection with robotic technology is emerging at the forefront of active da Vinci Surgical Robot litigation."
In addition, Mr. Audet notes the recent settlement a Louisiana case brought against Intuitive Surgical in which the plaintiff had claimed to have been injured when the da Vinci robot malfunctioned during a thyroid procedure. (Silvestrini v. Intuitive Surgical Systems Inc., No. 11-2704 (E.D. La.). "The allegations made in the Silvestrini case, which include the failure of Intuitive to train hospital personnel on the use and/or troubleshooting of the da Vinci system, are consistent with problems encountered by clients with whom we have spoken, and information that continues to surface as we move forward with these lawsuits," says Mr. Audet.
Currently, there are no strict training guidelines or requirements associated with a doctor’s operation of the robot on a live patient. This is left up to the individual doctors and/or
I don't claim to understand lawyerjumbomumbo but here is the first paragraph of the file: Note: It appears to me the case was dismissed - see last sentence.
ORDER AND REASONS
Before the Court is a motion
to remand filed by plaintiff, Jennifer Silvestrini
(“Silvestrini”), and a motion
to dismiss pursuant to Rule 12(b)
(6) of the Federal Rules of Civil
Procedure filed by defendant, University Health
care System, L.C., d/b/a Tulane University
Hospital and Clinic (“TUHC”). Defendant, In
tuitive Surgical, Inc.
Silvestrini’s motion to
remand. Silvestrini opposes
TUHC’s motion to dismiss. For the
following reasons, Silvestrini’s motion to remand is
and TUHC’s motion to dismiss is
Without looking at the docket, it looks like the plaintiff wanted to send the case back to state court - presumably the case was filed there and then removed by one of the defendants to federal court - and the hospital moved to dismiss the plaintiff's claim for failing to state a claim. Looks like TUHC came out pretty well and the plaintiff is left in federal court (but would most likely rather be in state court).
IT IS ORDERED
that Silvestrini’s motion to remand
IT IS FURTHER ORDERED
that TUHC’s motion to dismiss
pursuant to Rule
12(b)(6) of the Federal Rule
s of Civil Procedure is
. Silvestrini’s claims against
DISMISSED WITHOUT PREJUDICE
New Orleans, Louisiana, February _____, 2012.