AU2010200269B2

AU2010200269B2 - Surgical retrieving device

Info

Publication number: AU2010200269B2
Application number: AU2010200269A
Authority: AU
Inventors: Walid Barto
Original assignee: Individual
Current assignee: Individual
Priority date: 2009-08-24
Filing date: 2010-01-20
Publication date: 2015-08-06
Anticipated expiration: 2030-01-20
Also published as: AU2010200269A1

Abstract

CANRPonb\DCC\EJl.\811570l.DOC-200I1/2010 5 A surgical retrieving device comprising an elongated shaft, a magnetic element fitted to a distal end of the shaft, and a handle portion at a proximal end of the shaft. The device may include a deformable elbow portion which couples the magnetic element to the shaft. In one form, the deformable elbow portion is adapted to be manually plastically deformable to locate the magnetic element out of the axis of the elongated shaft. The 10 elbow may be in the form of a sleeve, arranged such that a first end of the sleeve fits over the distal end of the shaft and a second end of the sleeve fits over the magnetic element. -4 w ( LU weC L-I L Ij

Description

Regulation 3.2 AUSTRALIA Patents Act 1990 COMPLETE SPECIFICATION FOR A STANDARD PATENT (ORIGINAL) Name of Applicant: Walid Barto Actual Inventor: Walid Barto Address for Service: DAVIES COLLISON CAVE, Patent Attorneys, I Nicholson, Melbourne, Victoria 3000. Invention Title: "Surgical retrieving device" Details of Associated Provisional Application: No: 2009904024 The following statement is a full description of this invention, including the best method of performing it known to us: C:\NRPortbl\DCC\EJL\268080 I DOC - 20/1/10 C:\NRPonbl\DCC\EJL\M 115701 DOC-20/01/2010 SURGICAL RETRIEVING DEVICE Field of the Invention 5 This invention relates to a surgical retrieving device, and more particularly, but not exclusively, to a surgical retrieving device for retrieving needles from within a body during laparoscopic surgery. Background of the Invention 10 There exists a problem in that articles, such as needles and the like, may become lost inside the subject body during surgery. For example, needles may be lost in a human body during insertion in a laparoscopic port, withdrawal, or during suturing. A lost needle during laparoscopic surgery is a major surgical problem. Finding and retrieving the needle 15 can be very difficult, particularly if the needle falls behind organs or other body tissue. Failure to retrieve a lost needle can lead to potentially serious clinical and medico-legal implications. In previous cases where an article has become lost inside the body of a human 20 during surgery, it has been necessary to perform an additional surgical operation, possibly on a separate occasion, to retrieve the lost article. The surgery may need to be converted from laparoscopic surgery to an open operation, increasing the morbidity of the procedure. The applicant has determined that existing methods for retrieving articles lost in the human body during surgery can be unreliable, and that it would be beneficial for there to be 25 provided a device which facilitates retrieval of articles lost inside the human body during surgery. Similar problems exist with the loss of foreign articles inside the subject body during surgery of animals. 30 H:\w1n(crwoven\NRPortbl\DCC\GW\74x7386_.docx-20/02/20 I -2 Examples of the present invention seek to provide a device for retrieving articles lost inside a human or animal body during surgery, which overcomes or at least alleviates one or more disadvantages of previously proposed efforts. 5 Summary of the Invention In accordance with one aspect of the present invention, there is provided a laparoscopic surgical retrieving device comprising an elongated shaft, a magnetic element fitted to a distal end of the shaft for engaging an article formed of magnetic material from inside a body of a subject, 10 and a handle portion at a proximal end of the shaft, further including a deformable elbow portion which couples the magnetic element to the shaft, wherein the deformable elbow portion is manually plastically deformable to locate the magnetic element out of the axis of the elongated shaft. 15 Preferably, the elbow is in the form of a sleeve, a first end of the sleeve fits over the distal end of the shaft and a second end of the sleeve fits over the magnetic element. In one particular form, the sleeve fits over the magnetic element to cover a side portion of the magnetic element such that only an end surface of the magnetic element is exposed. 20 It is preferred that the magnetic element is a rare earth magnet. Preferably, the magnetic element is in the form of a rod arranged such that, when the deformable elbow portion is straightened the longitudinal axis of the rod is co-axial with the axis of the elongated shaft. In a preferred form, the rod is approximately 10mm in diameter. The 25 elongated shaft may be approximately 6mm in diameter. In accordance with another aspect of the present invention, there is provided a method of retrieving an article formed of magnetic material from inside a body of a subject, including the steps of: 30 inserting the surgical retrieving device as described above into the body through an aperture such that the magnetic element is in the vicinity of the article; manually manipulating the handle portion of the surgical retrieving device to bring the magnetic element sufficiently close to the article so as to cause the article to be held to the device by way of magnetic attraction to the magnetic element; and H:\gw\nten-oven\NRPortbl\DCC\GW\7487386 I.doc.-20/02/2015 -3 withdrawing the surgical retrieving device back through the aperture so as to draw the article out of the body. Preferably, the method further includes the step of manually bending the 5 deformable elbow to move the magnetic element to a desired position relative to the axis of the elongated shaft to assist with locating the magnetic element sufficiently close to the article so as to cause the article to be held to the device by way of magnetic attraction to the magnetic element. 10 The present invention will now be described, by way of non-limiting example only, with reference to the accompanying drawings, in which: Brief Description of the Drawings 15 The invention is described, by way of non-limiting example only, with reference to the accompanying drawings in which: Figure 1 is a side view of a surgical retrieving device in accordance with an example of the present invention; 20 Figures 2a to 2c show the surgical retrieving device in straight and bent configurations; Figures 3a to 3c show a surgical retrieving device in accordance with another 25 example of the present invention in straight and bent configurations; Figure 4 shows detail of a magnetic element of the surgical retrieving device shown in Figures 1 to 2c; 30 CANRPonblDCC\EJL\ll 11570 IDOC-2/13/2010 -4 Figure 5 shows a cutaway view of the distal end of the surgical retrieving device of Figure 4; Figure 6 shows a cross-sectional view of the surgical retrieving device of Figure 1, 5 taken along a longitudinal axis of the device; Figure 7 shows a detailed cross-sectional view of a distal end of the surgical retrieving device shown in Figure 6; and 10 Figure 8 shows a diagrammatic cross-sectional view of a surgical retrieving device in accordance with an example of the present invention in use inside a human body during surgery. Detailed Description 15 With reference to Figure 1 of the drawings, a surgical retrieving device 10 in accordance with an example of the present invention includes an elongated shaft 12, a magnetic element 14 fitted to a distal end 16 of the shaft 12, and a handle portion 18 at a proximal end 20 of the shaft 12. Advantageously, the surgical retrieving device 10 is able 20 to be used in the event that a foreign article formed of magnetic material, such as a needle, becomes lost inside the body of a human or animal during surgery. Referring to Figures 2a to 2c, the surgical retrieving device 10 includes a deformable elbow portion 22 which couples the magnetic element 14 to the elongated 25 shaft 12. The deformable elbow portion 22 is adapted to be manually plastically deformable to locate the magnetic element 14 out of the axis of the elongated shaft 12, to facilitate retrieval of the foreign article when located behind organs or body tissue within the body of the subject. As can be shown in Figure 2a, the deformable elbow portion 22 is arranged in a straight configuration such that the magnetic element 14 is in line with the 30 longitudinal axis of the elongated shaft 12, whereas in Figures 2b and 2c the deformable elbow portion 22 is bent to a first intermediate condition, then a second more bent C:\NRPonbl\DCC\EJL\IlX 15701_ DOC-21/1/2010 -5 condition, wherein the magnetic element 14 extends away from the longitudinal axis of the elongated shaft 12. The deformable elbow portion 22 is in the form of a sleeve 24, wherein a first 5 end 26 of the sleeve 24 fits over the distal end of the shaft 12, and a second end 28 of the sleeve 24 fits over the magnetic element 14. The magnetic element 14 may have a stainless steel coating, and the entire surgical retrieving device 10 may be disposable to ensure that the device 10 is sterile. The 10 elongated shaft 12 is formed in a light colour, such as white or cream, to ensure visibility of the surgical retrieving device 10 by way of a laparoscopic camera during surgery. The sleeve 24 fits over the magnetic element 14 to cover a side portion 30 of the magnetic element 14 such that only an end surface 32 of the magnetic element 14 is 15 exposed. The sleeve 24 may act as an insulator to the magnetic element 14 to assist with control of the surgical retrieving device 10 by ensuring that the magnetic attraction of the surgical retrieving device 10 is strongest at the end surface 32 of the magnetic element 14. With reference to Figures 3a to 3c, there is shown a surgical retrieving device 10 in 20 accordance with an alternative example of the present invention, which is similar to the example shown in Figures 2a to 2c, except with a metallic finish on the sleeve 24. The metallic finish may be provided merely for visual appeal of the surgical retrieving device 10, or may be adapted to provide further surface area of magnetic attraction, if desirable. Figure 3a shows the sleeve 24 in a straight condition such that the magnetic 25 element 14 is co-axial with the axis of the elongated shaft 12, and Figures 3b and 3c show the deformable elbow portion 22 in progressively more bent conditions wherein the magnetic element 14 is bent out of the axis of the elongated shaft. Figure 4 shows external detail of the sleeve 24 fitted over the distal end of the 30 elongated shaft 12, and over the magnetic element 14. Figure 5 shows a cutaway view in which the sleeve 24 is opened to show detail of the magnetic element 14 inside the CANRPonbl\DCC\EJL\l 115701 .DOC.2101/2010 -6 sleeve 24. The magnetic element 14 may be a rare earth magnet. In particular, the magnetic element 14 may include a combination of neodymium, iron and boron so as to provide a pull strength in the order of 27.5kg, based on a 3mm thickness of steel. The magnetic element 14 is preferably in the form of a rod having a diameter of approximately 5 10mm, and a length of approximately 50mm. More specifically, the magnetic element 14 may have the chemical composition of Nd 2 Fe 14 B. Figure 6 shows a cross-sectional view of the surgical retrieving device 10, taken along a longitudinal axis. The elongated shaft 12 may have a diameter of 6mm, and the 10 handle portion 18 may have a diameter of 15mm, as shown. Advantageously, a relatively small diameter of these components will assist in the avoidance of obscuring view of the distal end 16 of the surgical retrieving device 10 during retrieval of a foreign article. With reference to Figure 7, the distal end 16 of the surgical retrieving device 10 may have an outside diameter of 12mm, inclusive of the thickness of the sleeve 24 extending around the 15 magnetic element 14. Figure 8 shows a diagrammatic sketch cross-sectional view of a surgical retrieving device 10 when in use inside a body 34 of a subject. The drawing shows the surgical retrieving device 10 in a first orientation 10a and, in broken lines, in a second 20 orientation I0b extending behind a liver of the subject, and a third orientation 10c extending toward a base of the subject's spinal cord. The article formed of magnetic material lodged within the body 34 may be retrieved by inserting the surgical retrieving device 10 into the body 34 through an aperture such that the magnetic element 14 is in the vicinity of the article, then by manually manipulating the handle portion 18 of the surgical 25 retrieving device 10 to bring the magnetic element 14 sufficiently close to the article so as to cause the article to be held to the device 10 by way of magnetic attraction to the magnetic element 14. Once this has been achieved, the surgical retrieving device 10 is withdrawn back through the aperture 36 so as to draw the article out of the body 34. 30 Prior to insertion of the surgical retrieving device 10, or after a first attempt of retrieval in which the surgeon identifies that the article has been lodged behind organs or CANRPonbl\DCCEJL\l 811370_ .DOC-20/u 1/20110 -7 body tissue, the deformable elbow portion 22 may be manually bent so as to move the magnetic element 14 to a desired position relative to the axis of the elongated shaft 12. The ability to bend the deformable elbow portion 22 to a range of angles relative to the axis of the elongated shaft 12 may assist with locating the magnetic element 14 sufficiently 5 close to the article so as to cause the article to be held to the device 10 by way of magnetic attraction to the magnetic element 14. In considering previous attempts to retrieve lost articles within the body of a subject during surgery, the applicant has identified that manual palpation for the lost article 10 should not be done because of the danger of needle stick injury, and that conversion of laparoscopic surgery to an open operation to retrieve the needle may be dangerous and inefficient. Accordingly, the applicant has determined that it would be beneficial for there to be a more immediate retrieval option using a magnet for retrieval of the lost article. As such, the present invention provides an alternative device and method available to find lost 15 needles or other articles. It is foreseen by the applicant that it would be beneficial for the surgical retrieving device 10 according to the present invention to be available for use in all surgical theatres. Use of the magnet will assist in retrieving needles, or other ferrous material, in the 20 abdomen, including laparoscopic instrument fragments that may break off during laparoscopic and open procedures. The high strength of the rare earth magnet allows it to attract needles from a long distance, and a warning may be provided for use of the magnetic element 14 near magnetic prosthesis, orthopaedic implants, and pacemakers. Also, it is important to avoid contact with other laparoscopic instruments which are usually 25 made of ferrous material. The surgical retrieving device 10 may be made available with magnetic elements of differing magnetic strengths. Examples of the present invention may be used where needles are found on imaging (for example, by use of a laparoscopic camera 38), possibly within the abdominal 30 cavity, ie. on top of the liver, in the paracolic gutters or in the hepatorenal pouch. These C:NRPonb\DCC\EJL\l 115701 DOC-20/01I/2u10 -8 locations may not be visible on the camera 38 when looking for the needle, even with the use of angle variation. The magnetic element 14 needs to fit through a standard laparoscopic port of 12mm 5 diameter. This usually has an air-sealed rubber device which will maintain the pneumoperitoneum (air pressure) inside the abdomen when using any instrument on a 5 to 12mm diameter elongated handle (ie. the 10mm diameter magnet can enter the port easily, even with the sleeve if needed up to Imm thick). Once inside, the magnetic element 14 can be moved around to find the needle and either retrieve it with the magnet or grasp it 10 with another instrument inside the abdomen and retrieve it that way. In another alternative, the surgical retrieving device 10 may be adapted such that the direction of the magnetic element 14 can be manipulated from the handle portion 10 when the magnetic element 14 is inserted inside of the subject's body 34. In another alternative, the magnetic element 14 may be rigidly fixed to the end of the elongated shaft 12. 15 The surgical retrieving device 10 may be adapted such that the entire device 10 is disposable, with the exception of the magnetic element 14 which is to be re-used. This may be achieved by forming the magnetic element 14 such that it can be sterilised (for example, by being subjected to 120 0 C pressurised steam), or by sterilisation of the sleeve 20 24 which covers the magnetic element 14. While various embodiments of the present invention have been described above, it should be understood that they have been presented by way of example only, and not by way of limitation. It will be apparent to a person skilled in the relevant art that various 25 changes in form and detail can be made therein without departing from the spirit and scope of the invention. Thus, the present invention should not be limited by any of the above described exemplary embodiments. Throughout this specification and the claims which follow, unless the context 30 requires otherwise, the word "comprise", and variations such as "comprises" and "comprising", will be understood to imply the inclusion of a stated integer or step or group C:\NRPonb\DCC\EJLk I 115701.DOC-201)I/2110 -9 of integers or steps but not the exclusion of any other integer or step or group of integers or steps. The reference in this specification to any prior publication (or information derived 5 from it), or to any matter which is known, is not, and should not be taken as an acknowledgment or admission or any form of suggestion that that prior publication (or information derived from it) or known matter forms part of the common general knowledge in the field of endeavour to which this specification relates.

Claims

1. A laparoscopic surgical retrieving device comprising an elongated shaft, a magnetic element fitted to a distal end of the shaft for engaging an article formed of magnetic 5 material from inside a body of a subject, and a handle portion at a proximal end of the shaft, further including a deformable elbow portion which couples the magnetic element to the shaft, wherein the deformable elbow portion is manually plastically deformable to locate the magnetic element out of the axis of the elongated shaft. 10

2. A surgical retrieving device as claimed in claim 1, wherein the elbow is in the form of a sleeve, a first end of the sleeve fits over the distal end of the shaft and a second end of the sleeve fits over the magnetic element.

3. A surgical retrieving device as claimed in claim 2, wherein the sleeve fits over the 15 magnetic element to cover a side portion of the magnetic element such that only an end surface of the magnetic element is exposed.

4. A surgical retrieving device as claimed in any one of claims I to 3, wherein the magnetic element is a rare earth magnet. 20

5. A surgical retrieving device as claimed in any one of claims 1 to 4, wherein the magnetic element is in the form of a rod arranged such that, when the deformable elbow portion is straightened a longitudinal axis of the rod is co-axial with the axis of the elongated shaft. 25

6. A surgical retrieving device as claimed in claim 5, wherein the rod is approximately 10mm in diameter.

7. A surgical retrieving device as claimed in any one of claims I to 6, wherein the elongated shaft is approximately 6mm in diameter. 30

8. A surgical retrieving device substantially as hereinbefore described with reference to the accompanying drawings. H:\gw%\Inerwoveni\NRPortbl\DCC\GW\7487386 .docx-20/02/2015 - 11

9. A method of retrieving an article formed of magnetic material from inside a body of a subject, including the steps of: inserting the surgical retrieving device as claimed in any one of claims I to 8 into the body through an aperture such that the magnetic element is in the vicinity of the article; 5 manually manipulating the handle portion of the surgical retrieving device to bring the magnetic element sufficiently close to the article so as to cause the article to be held to the device by way of magnetic attraction to the magnetic element; and withdrawing the surgical retrieving device back through the aperture so as to draw the article out of the body. 10

10. A method according to claim 9 of retrieving an article formed of magnetic material from inside a body of a subject, further including the step of: manually bending the deformable elbow to move the magnetic element to a desired position relative to the axis of the elongated shaft to assist with locating the magnetic 15 element sufficiently close to the article so as to cause the article to be held to the device by way of magnetic attraction to the magnetic element.

11. A method of retrieving an article formed of magnetic material from inside a body of a subject substantially as hereinbefore described with reference to the accompanying 20 drawings.