Calif. Federal Judge Refuses to Dismiss Da Vinci Robot Action, Says Plaintiffs’ Claims Toll Statute of Limitations

SAN FRANCISCO — A California federal judge has denied Intuitive Inc.’s motion to dismiss a Da Vinci Surgical Robot lawsuit, ruling that the plaintiffs’ claims are sufficient to establish a plausible claim for diligence and to toll the statute of limitations.

On Nov. 4, Judge Ronald M. Whyte of the U.S. District Court for the Northern District of California further ruled that the plaintiffs have adequately pled a claim for punitive damages against Intuitive.

Gerald Darringer underwent a laparoscopic left pyeloplasty in which his surgeon used the Da Vinci Surgical Robot device. As a result of the surgery, Darringer suffered …