Surgical Robot Manufacturer Escapes Personal Injury Lawsuit

A woman who alleges she suffered complications caused by a malfunctioning “da Vinci” surgical robot waited too long under California law to file her product liability lawsuit, the Ninth Circuit said Tuesday.

Jean Rustico underwent a robotically assisted surgery to remove an ovarian mass. Rustico claims that the da Vinci, manufactured by Intuitive Surgical Inc., malfunctioned and caused internal injuries that required the intervention of a vascular surgeon.

Intuitive received a number of complaints from patients alleging similar complications, and the company proposed a tolling agreement. Potential claimants could agree to delay the filing of any lawsuit, and to ...