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RUSTICO v. INTUITIVE SURGICAL, INC.

No. 20-15009.

993 F.3d 1085 (2021)

Jean RUSTICO and John Rustico, Plaintiffs-Appellants, v. INTUITIVE SURGICAL, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2021.

Attorney(s) appearing for the Case

David B. Newdorf (argued), Newdorf Legal, Oakland, California; Marc J. Mandich (argued), François M. Blaudeau , and Evan T. Rosemore , Southern Med Law, Birmingham, Alabama; Ronnie G. Penton , Penton Law Firm, Bogalusa, Louisiana; Nancy L. Hersh , Hersh & Hersh LLP, San Francisco, California; for Plaintiffs-Appellants.

Allen J. Ruby (argued) and Emily Reitmeier , Skadden Arps Slate Meagher & Flom LLP, Los Gatos, California, for Defendant-Appellee.

Before: Kim McLane Wardlaw and Carlos T. Bea, Circuit Judges, and James David Cain, Jr., District Judge.

OPINION

Even when all goes as planned, surgery is risky. Technological advancements, like robotic assistance, may reduce a doctor's surgical footprint and decrease some of the risks. But technology is not always perfect. Sadly, parts sometimes break or malfunction. And when they do, patients tend to sue, which can pose...

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