Metal Fragments In Brain Isn't Injury, 11th Circ. Rules

Law360, New York (August 7, 2017, 3:24 PM EDT) -- A potential class of heart surgery patients can’t prove that they suffered an injury just because Intuitive Surgical Inc.'s da Vinci surgical robot left metal fragments in their brains, the Eleventh Circuit said Monday in shooting down the patients’ appeal.

A Georgia district court was right to dismiss the suit by comparing it to a toxic chemical exposure case, for which more injury than the presence of a substance is needed, the three-judge panel said in a per curiam opinion. The patients also fail to outline what could possibly go wrong from having the metal in their brain, including what symptoms could...

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