Da Vinci Surgical System Lawyers Reviewing Lawsuits Nationwide

Harvey Kirk

By Harvey Kirk
Posted April 9, 2012


UPDATE 5/14/2015: Saiontz & Kirk is no longer accepting new clients for da Vinci Surgical Robot Lawsuits
The contents of this page are provided for informational purposes only

A number of surgeons and health experts are expressing concern over the Da Vinci Surgical System, which is a remote-controlled robot that has grown in popularity, despite potential design defects and inadequate training to provide many surgeons the necessary experience with the device. The lawyers at Saiontz & Kirk, P.A. are no longer evaluating potential cases for individuals who may be entitled to financial compensation for Da Vinci Surgical System problems or complications.

The da Vinci surgical robot is designed so that a surgeon must sit at a control panel, look into a pair of stereo eye pieces and navigate the robot’s arms, equipped with surgical instruments and cameras, through a patient’s body using hand controls and foot petals.

Although the surgical robot promises a less invasive procedure, quicker recovery times and range of motion benefits for surgeons beyond is provided by the human hand, there is a steep learning curve.

An increasing number of serious and potentially life-threatening complications and problems are surfacing, raising questions about the design of the robot and the adequacy of training and warnings provided by Intuitive Surgery, Inc., the manufacturer of the da Vinci Surgical System.

The company’s website trumpets the da Vinci as a minimally invasive alternative surgery for the treatment of bladder cancer, colorectal cancer, gynecologic cancer, kidney cancer, prostate cancer, throat cancer, coronary artery disease, endometriosis, heavy uterine bleeding, kidney disorders and obesity.

But many are beginning to question whether the expensive robot is safe or effective and whether it has any benefits over traditional surgery. Both the Kaiser Foundation and the American College of Obstetricians and Gynecologists have raised concerns, and a report in the January 2012 issue of the Journal of Clinical Oncology found that the robot appeared to be no more effective at treating women with endometrial cancer than traditional surgery, and using the robot cost $1,300 more.

Reports have suggested that depending on the procedure, it may take the surgeon anywhere from 12 to up to 200 cases to become proficient with the device, yet the da Vinci Surgical system is being sold to many hospitals where surgeons do not have the patient volume to ever complete their learning curve.

In addition, patients are not being adequately warned that while a surgeon is learning the new techniques required by the da Vinci Surgery Robot they may be exposed to an increased risk of serious and potentially fatal complications and problems, such as:

  • Surgical Burns
  • Tears or Punctures
  • Additional Surgery
  • Fatal Complications


As a result of the defective design, training, instructions and warnings provided by Intuitive Surgical, Inc., financial compensation may be available through a product liability lawsuit for individuals who have experienced problems from the da Vinci Surgical System.

UPDATE 5/14/2015: Saiontz & Kirk is no longer accepting new clients for da Vinci Surgical Robot Lawsuits
The contents of this page are provided for informational purposes only

17 Comments • Add Your Comments

  • Wanda says:

    I had this surgery for a hysterectomy. A few months later I started have seizures. I never had seizures in my life, my doctor sent me to a Neurologist in my hometown. This doctor could not figure it out. He sent me to another Neurologist who said I was a mystery. I learned that I was upside down longer than I was surpose to be during that surgery. I want to know if anyone else had the problem from this surgery. I had brain surgery this past year to try to stop them ,but that hasn’t worked.

    Posted on April 11, 2012 at 4:16 pm

  • al says:

    It’s the monopolar current (power source) that the robot uses. It puts your entire body in the loop of the current. Monopolar current is cheaper than bipolar current. The maker if the robot made that choice to make more $. The current can “jump” and cause a burn anywhere in your body. Being upside down has nothing to do with it. You can stand on your head for hours / days and not have a seizure later. Your brain may have been burned or your spine or something. Get a CT scan. Twice!

    A Surgical Product Specialist said (during Gynecological Surgery) : “During cauterization of the Fallopian tubes, the current usually travels through the uterus and the broad ligament.
    If the current cannot flow to the uterus or the broad ligament, it traverses the tube and can then escape through a close-lying intestinal loop or whatever it’s path of least resistance is. If this contact between the tube and the intestinal loop occurs over a very small surface, punctate cautery damage can occur.”

    Wanda, You were not warned of this and neither was your doctor.
    Get a Medical Device Lawyer and sue the maker.

    A father is suing in New York (daughter died) and a couple is suing in Alabama (hysterectomy gone bad) for 500 Million dollars!

    Don’t forget who told ya! I sure could use some $$$.
    Hope you find the burn Wanda. good luck.

    Posted on April 17, 2012 at 12:41 pm

  • Amsaue says:

    A major problem with Robotic cystectomies is the cautery being used to dissect the ureters. A major complication to the that robotic procedure is the scarring and ensuing stenosis which appears after some weeks or months. The stenosis oftenly requests renewed surgery or ballon dilatation (repeated). The “minimal” invasive procedures ends up as “maximal” invasive, and nobody takes the responsiblity. Thank´s God that you in the US have the Guts and the Lawyers strong enough to deal with this Monster in the years coming. Here in Europe we are s*r*w*d due to inertia in European minds and the inbred cowardice…

    Posted on July 16, 2012 at 4:23 pm

  • dawn says:

    may 9 2012 i had the used the robot. as soon as i woke up i new something was wrong, they didn’t believe for the next nine days i went to the er many of times still they said i just wanted drugs, but my pain level was of the charts. on the ninth day i walked in the er wilt urine just running down my legs i am 37 and pisses i am pissing all over my self. anyway it took till October to get me repaired with multiply operations and ex stream pain. and i have a 25% chance it will happen again.

    Posted on March 9, 2013 at 3:06 pm

  • jodi says:

    I have been in excrutiating chronic pain since Oct 2008 (constanting going on 5 years) after having robotic surgery. The doctor took seven hours for what should have taken 1 1/2 to do, and when I woke up, I was blown up (unrecognizable to my family) and I could hardly breathe. Doctors have done nothing to help me, as they want to take NO responsiblity for their actions, but they continue misdiagnosing me, saying that I must have IBS, adhensions, or most commonly, they tell me my pain is ALL IN MY HEAD, but no adhensions show on the ton of MRI’s I’ve had. I take 6 PAIN pills per day just to be functional and I have lost pretty much everything. This injury is horible injury and the doctors should be held responsible for what they are doing to people. Now I have lost my insurance and need help desperately! It pretty much feels like my insides have been burned out, but they can find nothing! 🙁

    Posted on March 21, 2013 at 7:34 pm

  • Darlene says:

    I had a complete hysterectomy in November 2009. I have had at least a dozen Uti’s since. I recently had to see a Urologist, and am having a Cystoscopy next week. I also have keloid scars which hurt. The doctor performing my hysterectomy stated he had used the robot just a few times but reassured me I was a great candidate and should not have any complications. I am hoping all goes well next week and and praying no damage to my bladder.

    Posted on May 3, 2013 at 12:30 am

  • Tanis says:

    I had this surgery years ago. When I came out of it I could hardly walk the pain was so bad. I had a little problem with my back but I could stand on my feet after this surgery for more than 1 min I run a bed and breakfast I had to stop working and get someone to work in my place. Then right away I went for back surgery because of the pain. Well during the 4 back surgeries. They thought I had cancer because I was showing blood in my pee. They did a look and saw a hole or scare in my bladder. During all this I got two infection. Plus on top of that I could not make love it felt like glass when my husband tried. My husband left me. I have not been able to go back to work running my B&B. My whole life changed because of this. My doc at that time said its normal.

    Posted on June 17, 2013 at 6:20 pm

  • george says:

    had this surgery in 2006,it was a faily new procedure ,there was only one dr. performing this procedure at the hospital where i was treated.i was told that this surgery had better results than the open so i chose the robotic.it left me with ed and incontinent issues.it was suggested to me because of my continuing incontinent problems i should have another surgery implanting a device called an ams 800 urinary control system,this has lessened my leaking and i wear pads every day it has helped,problem is this device only has a 5 to 10 year life span then i would need another device.knowing what i know now given the chance to go back i would have never have had this surgery,i would have lived with my low grade tumor and kept a closer watch on my psa.

    Posted on July 11, 2013 at 9:54 am

  • Chris says:

    My wife had uterine cancer and had a hysterectomy along with removing the cancer.. It was done using the da-vinci method. During surgery, something went wrong, Whatever happened was kept a secret from us, except that we could pick up from the doctors that she must be closely monitored, and get treatment that probably wasn’t needed. Right after her surgery, she had tremendous pain and this time the surgeon opened her body cavity and said she had scar tissue, removed it, and my wife was better. A couple years later, after chemo and biopsies, she had a growth near her bowels that was surgically removed and they gave her radiation therapy. she became extremly sick for days. We were told that she would improve, and I hope she will, but I really wish she had had conventional surgery, instead of da-vinci. The doctors and medical people have been really nice to us, and I don’t want to seem ungrateful, but I think most if not all my wifes problems are due to the da-vinci surgery. At the time, we were lead to believe that da-vinci was the way go, but it was our choise I don’t know if I should seek legal advise or not because I do not believe her doctor wanted to hurt her

    Posted on September 23, 2013 at 3:08 pm

  • Dawn says:

    For nine days I am treated as a pill seeker, going in and out of the emergency rooms.. something was wrong, very wrong… till I started leaking urine as if I was in labor and my water just broke, my pain was beyond anything I have endured, the way I was treated is totally unacceptable. come to find out my bladder had been cut also a tube that connect your kidney to your bladder.it took five major operations and numerous minor procedures, and this wasn’t over till mid September, I still have a chance of recurring leakage, the stress the pain the expense, and now the worry of it happing again……

    Posted on December 18, 2013 at 3:11 pm

  • Patrick says:

    In 2009 I was 47 years old and my urologist told me I had aggressive prostate Cancer and I needed surgery. I had the Davinci surgery. Sense then I have not and will never again get an erection thanks to a lying DR. The reason I call him a Liar is last week I went to a different Urologist and he explained to me I did not have aggressive Prostate cancer. It was a Gleason score of 6. Also after surgery I never had to have any type of treatments like Radiation or Chemo. Don’t trust Doctors.Profit before humanity.

    Posted on January 8, 2014 at 12:05 am

  • Cindy says:

    I just had the surgery Tuesday for a complete hysterectomy and yesterday I started breaking out in a rash that looks like some one laid hot pokers all over my stomach. At first I thought it might be an allergic reaction to meds or the hormone patch they placed on me after surgery, but the place where the patch is the only place that isn’t “burned” with a rash. Couldn’t be any oral meds bc the only ones I have taken are 600mg Ibuprofen and benadryl since Wednesday when I was discharged from the hospital!! HELP, I’m on fire!! :/

    Posted on March 8, 2014 at 12:13 pm

  • mayra says:

    I had a vaginal dehiscense where the surgical incision tore open leaving room for intestines to fall and since the davinci robotic hysterectomy I.have intestines problem n bowel problems where everything I eat makes me run in urgency to the bathroom.

    Posted on April 7, 2015 at 2:04 pm

  • Nelvita says:

    I had the surgery 2014 and I experiencing severe pain at my insitions which are now keloids.

    Posted on April 20, 2015 at 9:50 pm

  • Debbie says:

    I had this surgery in 2011. Everything went perfectly, I have had no complications tho I was a high-risk patient being obes.. I’m very sorry others have had terrible problems but I am completely satisfied

    Posted on July 14, 2016 at 10:05 pm

  • James says:

    i had robotic surgery March 25 2015, after being home for 2 weeks and after doctor told very little risk still incontent, and wearing diapers, doctor informed me that he punchered bladder, still wearing adult diapers and only law firm i can find no longer takes these kinds of cases what!!!!! does anyone know of any legal firms that are taking these cases thank you James

    Posted on December 16, 2016 at 9:46 pm

  • Fred says:

    Hi, I am a 67 y/o male, human person. Diverticulitis x 3 late 2016. Da Vinci sigmoidectomy was done in May 2017 & lost 50 staples right away; emergency flush & colostomy; 5 months to the “take-down” with 9 stoma protrusion; poor pain control, no life. Two post-surgery (ventral?) hernias repaired January 2018. Recovering. Neuropathic and some post-surgery pain continue. Sound like anything actionable in there? Why are 2% occurring developments called “complications” and not “errors?”

    Posted on January 19, 2018 at 2:27 pm

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