Overview
Case Number: No. 3:21-cv-03825-AMO
Case Status: Pending
Case Amount: $450 million (subject to court approval)
Court: U.S. District Court for the Northern District of California
Berger Montague serves as counsel and obtained a $450 million settlement in this antitrust class action lawsuit filed against Intuitive Surgical, Inc., the maker of the da Vinci surgical robot, on behalf of hospitals and other health care providers that purchased da Vinci service and EndoWrist instruments. The hospitals allege that Intuitive unlawfully monopolized the markets for servicing da Vinci robots and for repairing and replacing EndoWrist instruments, in violation of Sections 1 and 2 of the Sherman Act.
U.S. District Judge Araceli Martínez-Olguín certified a nationwide class of thousands of hospitals and other purchasers in March 2025. In October 2026, Intuitive agreed to pay $450 million to resolve the class’s claims, subject to preliminary and final court approval.
Read more about this case:
- Intuitive Surgical Strikes $450M Deal in Robot Antitrust Suit, Law360 (October 21, 2026). Read more here.
- Buyer Class Of Surgical Robots Is Certified in Antitrust Fight, Law360 (March 31, 2025). Read more here.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, whistleblower cases, and mass torts in federal and state courts throughout the United States. With nearly $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C.; and Wilmington, DE.
In re Da Vinci Surgical Robot Antitrust Litigation FAQs
What is the da Vinci surgical robot antitrust lawsuit about?
Hospitals allege that Intuitive Surgical required purchasers of its da Vinci surgical robot to use Intuitive as their exclusive service provider, blocked independent repair companies from servicing the robots and EndoWrist instruments, and limited EndoWrists to a set number of uses, forcing hospitals to buy replacement instruments at inflated prices. Intuitive has not admitted liability or wrongdoing.
Has the $450 million settlement been approved?
Not yet. The settlement is subject to preliminary and final approval by the U.S. District Court for the Northern District of California. Class members will receive notice with details on the settlement and their rights.
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