Intuitive Surgical’s insurance company is moving to avoid paying for lawsuits based on claims of injury or death caused by the company’s da Vinci surgical robots based on claims that the medical device manufacturer did not provide adequate disclosure regarding the scope of these lawsuit claims.
Illinois Union Insurance Company filed a complaint on October 21, requesting recession of an insurance policy and declaratory relief in the U.S. District Court for the Northern District of California, as noted in a recent article appearing online in Bloomberg Businessweek.
According to the complaint, Intuitive allegedly failed to disclose the 25 lawsuit claims it is facing when applying for the policy earlier this year, nor did they disclose that the company had already entered into agreements to suspend deadlines for additional da Vinci robot lawsuit claims.
“The existence of the tolling agreements and the increasing number of claimants added to the tolling agreements were facts that would have been material to Plaintiff’s underwriting process that led to the binding of coverage and issuance of the Policy,” the complaint claims. “Had Plaintiff been informed of the tolling agreements and the increasing number of claimants during the application process, Plaintiff would not have proceeded with the application process and would have withdrawn any quote for the Policy provided to the Broker, and the Policy would never have been issued to Defendant.”
Angela Wonson, spokeswoman for Intuitive Surgical, claims that the company “repeatedly disclosed” this information.
In this lawsuit, the insurance company seeks to rescind the insurance coverage allotted to Intuitive Surgical, which dictates that Illinois Union Insurance Company is responsible for covering $15 million per occurrence, up to $50 million total, after Intuitive Surgical pays $5 million per occurrence. The company also wants to be removed from any responsibility for covering Intuitive’s legal fees.
Multiple individuals have filed personal injury lawsuits against Intuitive Surgical based on claims that the company’s da Vinci surgical robot caused them to suffer serious injury or the wrongful death of a loved one. If you have suffered as a result of surgery where the da Vinci robot was employed, you may be entitled to substantial compensation for your medical expenses and other damages. To learn more about your rights, contact a personal injury lawyer from Berkowitz and Hanna LLC to schedule a free legal consultation.