Ga. Federal Judge Dismisses Intuitive Da Vinci Surgical Instrument Action With Prejudice

ATLANTA — A Georgia federal judge has dismissed with prejudice a proposed class action alleging injuries caused by Intuitive Surgical Inc.’s Da Vinci robotic surgical instruments, ruling that the claims of negligence and strict liability were insufficiently pled.

In a Jan. 31 order, Judge Orinda Evans of the U.S. District Court for the Northern District of Georgia found the plaintiffs failed to adequately allege that they suffered “injury to life or limb” and failed to specify which instruments caused their alleged injuries.

Gabriel Fernando Nassar Cure and Alan M. Kozarsky alleged injury caused by Intuitive’s surgical instruments, which were used …