9th Circ. Finds Robot Surgery Suit Time-Barred

Law360 (April 7, 2021, 2:00 PM EDT) -- The Ninth Circuit has thrown out a suit against Intuitive Surgical Inc. alleging that one of its surgery robots malfunctioned and caused internal injuries during a procedure, finding that the suit was filed too late under California law.

A three-judge panel said Tuesday that despite the surgery taking place in Connecticut and plaintiffs Jean and John Rustico being Connecticut residents, the California district court was correct to apply the law of its own state as Intuitive Surgical is based there.

According to the opinion, Jean Rustico underwent surgery to remove an ovarian mass on January 12, 2012, with the surgeon using...

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