Davinci- what a scam

Paying $ to victims should be the least of their fu**ing problems! The victims of these acts of corporate violence are not statistical abstractions. They are real people. They are families who have to live without a father, or a child, or a mother. They are the people who have to live lives with severe pain or disfigurement. They are people whose dreams die, whose lives are turned upside down, who suffer unbearable emotional pain.
Yet notwithstanding the horrific toll of death and injury from these accumulated industrial nightmares, this perpetrating corporation and corporate executives too often are able to avoid criminal liability. The morally reprehensible hiding of known harms by Intuitive Surgical Inc. officials should prompt criminal prosecution, not just public condemnation. Concealment can kill – and corporate officers should be held accountable for it. Penalties for severely risking consumers’ lives or health should be more than money paid by the corporation, in effect “the cost of doing business” in their opinion. The goal is to assure that Intuitive Surgical Inc.’s corporate “anti-consumer concealment” never happens again! It is an egregious double standard to hold citizens criminally accountable for causing deaths, while companies are let off the hook. It is also a rather tortured concept of corporate personhood that corporations have the rights of people, according to the US Supreme Court, but not the responsibility for observing a criminal code of conduct in regards to the knowingly negligent injuries and deaths of consumers
For failing to record it’s system & application metadata (Like a “Black Box”), For failing to develop and preserve the maintenance of an "inspection log" on the robot & where is the video? Me paying them millions of dollars to not injure T. - is not possible. If we bring back hanging perhaps we can talk “tort reform”. (Limiting the pain and suffering an individual can sue a corporation for)
The board and management of Intuitive Surgical Inc. failed to make a good faith effort to ensure that it is in compliance with applicable laws and FDA regulations governing the safety of medical devices designed to protect the health of T. They “grossly under-report” adverse events and complications caused by da Vinci surgical device, mis-characterized the events it reported by improperly classifying many situations as “benign category” instead of a “serious injury or even death.” They concealed from the FDA at least three voluntary recalls it initiated to warn hospitals regarding a malfunction of the tip cover of the da Vinci surgical system that would result in burning the internal tissue of a patient! Reported device problems include: instrument failure, drifting of robotic arms during procedures, a one-second delay on the console and monitor going black issues. Three (3) of the 11 doctors surveyed by the FDA were aware of any da Vinci recalls in 2013? (27.3%) 72.7 % not informed? Concealment of defects cannot be tolerated! Will they stop doing all that is wrong if we settle? My guess is they will “mislead” and say yes… BUT…
To settle would be “counterintuitive” to the contrary to what seems intuitively right or correct. This is a slap to the forehead case in our opinion.

We feel like dismantling robot’s with you as our toolbox and hammers!!
I’m sure your firm’s investigator’s and resources along with talented attorneys have more evidence and are far more articulate in presenting a reasonable preponderance of the evidence to a jury to uphold what is right and correct what is wrong.
Should we meet to discuss or will it waste time to prepare for jury trial?

 

I agree...

 

"We feel like dismantling robot’s with you as our toolbox and hammers!!"

HELL YEAH...I think. Actually, WTF?

 

I liked it... It's a great metaphor. I wonder if the author means dismantling this robot in court?

One can imagine a multi -Billion Dollar court ruling against Intuitive, let say for lying about a design defeat that they know about ahead of time and did nothing about it. Or for lying about safety records to the FDA. So if you think that can't happen or it's so funny, read the below case...

"Mr Merv Grazinski of Oklahoma City.
In November 2000 Mr Grazinski purchased a brand new 32 foot
Winnebago motor home. On his first trip home, having joined
the freeway, he set the cruise control at 70 mph and calmly
left the drivers seat to go into the back and make himself
a cup of coffee. Not surprisingly the Winnie left the
freeway, crashed and overturned. Mr Grazinski sued Winnebago
for not advising him in the handbook that he couldn't actually
do this. He was awarded $1,750,000 plus a new Winnie. (Winnebago
actually changed their handbooks on the back of this court
case, just in case there are any other complete morons
buying their vehicles.)"

 

"Kathleen Robertson of Austin Texas was awarded $780,000
by a jury after breaking her ankle tripping over a toddler
who was running inside a furniture store. The owners of
the store were understandably surprised at the verdict,
considering the misbehaving little bastard was
Ms. Robertson's son. "

 

Yes, Tools and hammers are the lawyers. Not real ones you sickos.

There are reasons why there are warnings. Because somebody got sued for not giving a fuck. When you take money away -- suddenly they give a fuck. Why do you think it says DO NOT EAT on the toys? Because children are uneducated. That goes for 98% of ALL CONSUMERS. If you haven't realized that then you haven't been sued yet.

Stupid people (There are a lot of them) need signs that say hold the handrails, or watch your step, or do not touch etc. Not everybody is as smart as you. SMART ASS.
So if there is "a chance" that a mentally disabled (uneducated / dummy) might get up and drive while in cruise control or trip over your own kids in a store... You better post a sign. Like: parents are responsible for unattended children. OR : Do not take your hands off the steering wheel while in cruise control. The guy in charge of safety should have known PEOPLE are not smart. (Not that there is anything wrong with it) Sue them and suddenly they get it.

Intuitive Don't get it. ---YET

 

I agree with you. I posted the stories of the funny suits to show how there are people that win lawsuits for matters that are not as Blatantly wrong as Intuitive's lying and killing people.

 

"problems with electricity arcing from the tools as early as October 2011." You said yourself that "According to a report in June, ... involving the problem just between January 2010..."

It goes back to January 2010 "according to the FDA report". Actually I find problems with electricity arcing from "the tools" as early as 2007 in the MAUDE database.


INTUITIVE SURGICAL, INC. MONOPOLAR CURVED SCISSORS INSTRUMENT ELECTROSURGICAL INSTRUMENT
Model Number 420179
Event Date 11/09/2007
Event Type Malfunction Patient Outcome Required Intervention
Event Description
It was reported that during a da vinci s hysterectomy procedure, while the surgeon was dissecting nodes, a burn on the patient's bowel was noticed. Upon further inspection, the surgeon found a crack on the tip cover accessory of the monopolar curved scissors instrument. The instrument was removed and the tip cover was replaced. The bowel was repaired by over sewing the burn and the procedure was completed with an approximate delay of one hour. No additional patient harm, adverse outcome or injury was reported. The following medwatch report listed below was also sent to the fda as it relates to this event. # 2955842-2007-00495.


Manufacturer Narrative
The instrument has not been returned for evaluation. A follow-up mdr will be submitted if the monopolar curved scissors instrument is returned and failure analysis has been completed. The monopolar curved scissors tip cover accessory used in conjunction with the instrument was returned and evaluated. Engineering evaluation of the tip cover accessory found evidence that arcing had occurred.

They knew for a long time. NO?

UNPLUG THE ROBOT!!!

 

c'mon

Lets continue the post about the horrible culture and management. I love that one.

Duffie to return as VP of Sales.

 

Don't you mean the CRIMINAL CULTURE OF MANAGEMENT? They knew and put sales ahead of the public safety.

 

yes

 

Fraudulent failure to reveal information which someone knows and is aware that in good faith he/she should communicate to another. Failure to disclose defects in goods sold (the horse has been sick, the car has been in an accident, the tip covers are defctive), leaving out significant liabilities. Such concealment at minimum can be a cause for rescission (cancellation) of a contract by the misled party or a civil lawsuit for fraud.
CONCEALMENT, camouflage, confinement, cover, deceitfulness, disappearance, disguise, duplicity, evasion, furtiveness, hiding, incognito, invisibility, nonappearance, obfuscation, obscurity, obsuration, seclusion, secrecy, secretion, secretiveness, silence, stealthiness, subterfuge, suppression, suppression of the truth, concealment of information, concealment of material fact, concealment voiding an insurance policy, concealment with intent to defraud creditors, evasive contempt to conceal is one thing; to be silent is another! Suppressio veri, suggestio falsi. The suppression of truth is equivalent to the suggestion of what is false.
CONCEALMENT! The unlawful suppression of any fact or circumstance, by one of the parties to a contract, from the other, which in justice ought to be made known.
Fraud occurs when one person substantially misrepresents or conceals a material fact peculiarly within his own knowledge, in consequence of which a delusion exists; or uses a device naturally calculated to lull the suspicions of a careful man, and induce him to forego inquiry into a matter upon which the other party has information, although such information be not exclusively within his reach.
In insurances, where fairness is so essential to the contract, a concealment which is only the effect of accident, negligence, inadvertence, or mistake, if material, is equally fatal to the contract as if it were intentional and fraudulent. The insured is required to disclose all the circumstances within his own knowledge only, which increase the risk. He is not, however, bound to disclose general circumstances which apply to all policies of a particular description, notwithstanding they may greatly increase the risk. Under this rule, it has been decided that a policy is void, which was obtained by the concealment by the assured of the fact that he had heard a case where the assured had information of "a violent storm" about eleven hours after his vessel had sailed, and had stated only that "there had been blowing weather and severe storms on the coast after the vessel had sailed" but without any reference to the particular storm it was decided that this was a concealment, which vitiated the policy. Fraudulent concealment Kills.
All those with knowledge come forth!
Or be cast into "the pit" along with the CRIMINAL CULTURE OF MANAGEMENT...

Tomorrow is the deadline... I think?

idk

 

CASE MANAGEMENT CON: “At this stage of the proceedings, Intuitive Surgical is aware of no reliable evidence supporting Plaintiffs’ claims that alleged defects in the da Vinci Surgical System caused their alleged injuries. In addition, at all times, Intuitive Surgical asserts that it provided adequate training resources to healthcare providers and the labeling for the da Vinci Surgical System accurately conveyed the risks and benefits of the System”

“Primary” Legal issues


1* Whether the da Vinci Surgical System is defective and if so, whether those defects were the proximate cause of Plaintiffs’ alleged injuries;

2• Whether Plaintiffs’ claims are barred by the statute of limitations;

3• Whether Intuitive knew or should have known of the alleged defects in the
da Vinci Surgical System;

4•Whether and to what extent Intuitive has a duty to train healthcare providers on how to use the da Vinci Surgical System, and if such alleged duty exists, whether Intuitive Surgical breached such alleged duty;

5•Whether Intuitive failed to adequately warn medical providers of the risks of a surgical procedure that employed the da Vinci Surgical System, and if so, whether this failure to warn was a proximate cause of Plaintiffs’ alleged injuries;

6•Whether Plaintiffs are entitled to any damages, and if so, the amount of damages;

7•Whether Plaintiffs understood the potential risks associated with undergoing a surgical procedure that utilized the da Vinci Surgical System; and

8•Whether there were intervening or alternative causes that caused or contributed to Plaintiffs alleged injuries.

Solutions To Case Management:

1* Yes – See “5/08/2013 Urgent Notice” Yes – See medical records
2* No (NOT barred) Filed suit against Dr. “within time” of limitations. “Urgent Notice” was not issued until limitations expired on those year models of defects anyway.
(Concealment of defects to purposely avoid litigation is not justice but justice denied! Not to mention morally reprehensible...)
3*Yes (they knew) see FDA Investigation (8 months prior) Also see FDA MAUDE data base (goes back to 2007)
4*Yes (they have a duty) To the extent in the case management statement itself Intuitive states: “Intuitive Surgical asserts that it provided adequate training resources to healthcare providers” How can you say you have no duty to train but that your training is adequate at the same time? ????????
5* Yes (failed to warn) see answers 1.2. & 3 Yes (It was the cause) failed to warn DR. before surgery caused it.
6* Yes – How much equitable relief, cost of suit and attorneys’ fees (they get ½), compensatory, exemplary, and punitive damages with interest would you deem just and proper? What is the number for the pain, suffering, emotional distress for the patient (and the entire family)? What number will cause a multi Billion dollar corporation (that has 2 Billion + in cash) to correct its deceptive, devious, misleading, unscrupulous advertising? What is the number for it’s reckless disregard for human life and limb by withholding information of its defects? Defects admitted to by Intuitive Surgical Inc. themselves! The number for it’s disregard of ethics? The number for failing to record it’s system & application metadata (Like a “Black Box”), The number for failing to develop and preserve the maintenance of an inspection log on the robot & where is the video? The number for clear violation of state and federal laws has no bearing? If no jail time, then what is the number?

IMAGINE DR EVIL ... PINKY TO LIP...ONE BILLION DOLLARS ?

7*No (did not understand the risks) was not given all options (see brochure given by Intuitive failing to mention "regular hand held lapo" benefits were the same)
8*No (Nothing else caused ALL HUNDREDS of “similar cases” with similar injuries and thousands of adverse events reported and ALL the Dr.'s not having a clue at the same time?)

ALL QUESTIONS HAVE BEEN ANSWERED

LETS DO SOME "DISCOVERY" AND GO TO FRICKIN TRIAL BEEOUCH!! Get out you cameras!


Step right up and enjoy the Snake Oil 2.0 circus!

 

Oh, so,this is why when I worked there I was sent on a mad dash to remove every MCS tip cover from every single account I covered and had to dispose of them.

Hmmmmm, interesting.

Drive the curve ( scissors )

 

Intuitive's best defense is to blame the customers. LMAO It's all the doctors fault, they suck and they are all making the same mistakes ( over 9000 times now ). We know this because all the REPS have PHD's and their bosses told them so.

If you keep throwing your customers under the bus. How long do you think they will remain customers.

 

Doctors have HUGE egos! Of course it was "the other guys" fault. They aren't as great as I am... until it happens to them, of course.
Intuitive knows this. They pump up the Dr they are selling (throwing the ones that get sued under the bus.) .... once purchased ... who gives a fuck? Got their money.

Dr.'s are real quick to blame a Dr.-- that they never met. "Must of been an "accident" by non qualified Dr. These things happen so..." Not the defective recalled part?
Most Dr.s aren't really smart. They just get lucky.
Seriously, what is scary:
Hospital board members (not Dr.'s) purchase the robot to boost biz. If the machine is defective or if the Dr. isn't qualified --they don't care! Where do you think all of those "follow up surgeries" and "recovery stays" and I.C.U.'s have to be done? In the hospital.

Total hospital bills were close to 2 million dollars in our case. (months in hospital and 10 surgeries later) We had insurance. But who got paid?
Not a bad deal for the hospital rite? Hospitals are only responsible for staff (nurses) Dr.'s are not staff... They are subcontractors in a way... Google it.

Robot cost 1 million and you bill the 1st one with the bomb insurance for 2 million.
Nobody mentions that huh?

I say follow the money yo.

You can't dream this shit up ...but its happening. WTF?

 

criminals

 

Electrocautery-associated vascular injury during robotic-assisted surgery.
Cormier B1, Nezhat F, Sternchos J, Sonoda Y, Leitao MM Jr.
Author information
Abstract
BACKGROUND:

The robotic surgical platform is increasingly used in gynecology and, similar to laparoscopy, it has risks of electrocautery-associated injury.
CASE:

We present three cases of injury caused by failures of the monopolar scissors' insulating sheath while coagulation and cutting currents were set at 35 W. In case 1, an external iliac vein injury required blood transfusion and emergent laparotomy. In case 2, a full-thickness external iliac artery injury was repaired robotically. In case 3, a partial-thickness external iliac artery injury also was repaired robotically.
CONCLUSION:

Unintended electrosurgical arcs can occur from monopolar instruments. Insulation failure is a common finding in this type of injury. Surgeons should avoid excessive instrument collisions and should change the monopolar scissors' insulating sheath if there are any concerns of a defect in its integrity.

PMID:
22825276
[PubMed - indexed for MEDLINE]


HENCE THE FDA RECALL Intuitive lied about....

 

hmm

 

If the California medical board says the dr did nothing wrong and say that this type of injury is common using the robot... Who ya gonna believe? Their paid expert? Ours? Or the ones who certify ALL "experts"?

Let's go to trial!
Let's go to trial!
Let's go to trial!

Justice delayed is injustice!!

If they so right then ... Prove it!!

Let's go to trial!!
Bring it in 2015!