The information contained on this web page is only a summary of information presented in more detail in the Long-Form Notice (“Notice”). Since this website is just a summary, you should review the Notice for additional information.
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EXCLUDE YOURSELF FROM THE CLASS |
Get no monetary benefits from this lawsuit. Keep certain rights. If you exclude yourself from the Class, you will keep your right to file or participate in any other lawsuit against Intuitive regarding the claims and factual allegations that this lawsuit raised or could have raised. But you will not be allowed to seek a share of any monetary benefits that may become available through this lawsuit. To exclude yourself, or “opt out,” you must write to the Notice Administrator by April 20, 2026. See Question 9 on the Notice. |
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DO NOTHING |
Stay in this lawsuit and await the outcome. Possibly get monetary benefits. Give up certain rights.
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What is this case about?
The name of the case is In Re: Da Vinci Surgical Robot Antitrust Litigation, No. 21-cv-03825.
This is a class action brought by Plaintiffs against Intuitive. Intuitive manufactures, services, and sells the da Vinci robot and manufactures and sells the EndoWrist instruments used with the robot. Plaintiffs allege that Intuitive engaged in anticompetitive tying, exclusive dealing, and monopolization in an alleged market for EndoWrist repair, service and replacement and in an alleged market for da Vinci service in violation of federal antitrust laws, specifically Sections 1 and 2 of the Sherman Act. Plaintiffs allege the following: (1) Intuitive’s da Vinci is the dominant minimally invasive soft tissue surgical robot in the United States, giving Intuitive monopoly power in an alleged market for minimally invasive soft tissue surgical robots; and (2) Intuitive leverages its monopoly power by contractually requiring hospitals and other surgery centers that purchase or lease da Vinci robots to (a) purchase EndoWrist instruments only from Intuitive; (b) refrain from repairing, servicing, or modifying EndoWrists or hiring an independent repair company (“IRC”) to do so; (c) discard EndoWrists as medical waste when they reach Intuitive’s arbitrary pre-set use limit (typically 10) in order for Intuitive to sell more EndoWrists and not, as Intuitive argues, for “safety” reasons; and (d) use only Intuitive to service the da Vinci. Plaintiffs allege that Intuitive’s customer contracts provide that, if a customer violates these provisions, Intuitive may cease service support for the robot, cancel the da Vinci warranty, terminate its contract with the customer, and withhold the sale of additional instruments and replacement parts.
Plaintiffs claim that absent Intuitive’s allegedly anticompetitive conduct, IRCs could save customers from having to purchase as many new EndoWrists by allowing them to get more than 10 uses from the EndoWrists they already own, and could offer da Vinci service to hospitals and surgery centers, resulting in lower prices and more options.
Intuitive denies Plaintiffs’ allegations and any wrongdoing or unlawful activity. Specifically, Intuitive denies that it has market or monopoly power and contends that Plaintiffs’ alleged markets are improper. Intuitive maintains that its contracts allow customers the option to use EndoWrist instruments made or approved by Intuitive, and that its contracts therefore do not constitute tying or exclusive dealing arrangements. Intuitive maintains that the use limits on EndoWrists and the terms of its agreements with customers are procompetitive, including because they promote patient safety and product quality. Intuitive denies that third-party modification of EndoWrists constitutes “repairs.”
The Court has not decided whether Plaintiffs or Intuitive are right. If the class action does not settle, Plaintiffs will have to prove their claims in Court.
What is the current status of the lawsuit?
The lawsuit is ongoing. Following discovery, the parties filed cross-motions for summary judgment. The Court has ruled on those cross-motions and the case will proceed as a class action to trial on a date that has not yet been set.
Are there any monetary benefits available now?
No monetary benefits have been awarded at this time because the case is as yet unresolved. There is no guarantee that monetary benefits will ever be obtained but if they are, a separate notice will be issued about how to seek a share of those benefits
Further Information
This website summarized the Lawsuit. For more information, please refer to the Notice (available here) or view additional case documents under the "Court Documents" tab above. If you have further questions, you may contact the Notice Administrator. Its contact details are available on the Contact page.