11th Cir. Reinstates da Vinci Surgical System Case, Says Expert Testimony Admissible

ATLANTA — A federal appellate panel has reinstated a lawsuit alleging injuries caused by a component of Intuitive Surgical Inc.’s da Vinci Surgical System, ruling that the trial court erred in excluding the testimony of the plaintiff’s expert witness.

In an April 22 opinion, the 11th Circuit U.S. Court of Appeals said the trial court improperly conflated the reliability criterion with the qualifications criterion and imposed an evidentiary burden that was too high by requiring that the expert be a user of the device at issue.

Tamanchia Moore underwent a robotically assisted laparoscopic hysterectomy in March 2013, during which her …