Articles Tagged with defective medical device attorney

Robotic surgery nearly killed her. That’s what plaintiff in Zarick v. Intuitive Surgical Inc. alleges in her $300 million product liability lawsuit. Although she survived, she suffered enormous physical pain and suffering and mental and emotional distress. She experienced the horror and agony of her intestines prolapsing through her vagina. She endured a life-threatening second surgery to repair the damage. Her internal injuries were significant, permanent and have all but annihilated her sexual relationship with her husband.surgery1

“It forever changed my life for the worse,” she told a reporter in 2013, four years after she had undergone hysterectomy surgery with the assistance of the Da Vinci robotic surgical system.

Her case is the first of many pending against the robotic surgery manufacturer, Intuitive Surgical, Inc. The 44-year-old alleges she underwent the surgery to address bleeding caused by benign cysts. She said she was convinced by her doctor to undergo the procedure because it was minimally invasive and, she was told, one of the safest and most effective ways to treat her condition. Continue reading

Product-producing giant Johnson & Johnson, along with its DePuy unit, lost a $500 million verdict in a case involving five plaintiffs who alleged they were injured by defective hip implants. Specifically, the Pinnacle metal-on-metal implants, which are known to not only fail more quickly than advertised, but to cause serious injury in the form of tissue damage, bone erosion and high levels of metal in patients’ blood.wheelchair4

The decision followed a two-month trial and a one-week juror deliberation period. Jurors ultimately decided these artificial hips were not only defectively designed, but that the companies that sold them did not warn the public about the potential risk, as they had a duty to do.

This prompted jurors to award not just $140 million in compensatory damages, but an additional $360 million in punitive damages. Compensatory damages are intended to compensate the victim. Punitive damages, which are also paid to the victim(s), are intended to punish the defendant for egregious behavior and gross negligence. Continue reading

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