The da Vinci Robotic Surgical System, at first blush, seems to be a science fiction-grade medical tool. However, this futuristic surgery has come under fire on several fronts, including allegations that the machine is dangerous. The latest allegations relate to concerns about a part of the device called a power morcellator.

The da Vinci Surgical System is designed to be the next generation of laparoscopic surgery. Laparoscopic surgery is a type of surgery in which specialized tools are used to perform surgery. Laparoscopic surgery requires smaller incisions than traditional surgery. The premise of the procedure is that since it requires less cutting through healthy tissue, laparoscopic surgery has faster recovery times and better success rates than older surgical techniques. Robotic surgery, like the da Vinci System, is intended to allow human-controlled robotic arms to perform laparoscopic surgery, further improving upon the procedures.

The da Vinci System has come under fire on several fronts. First, it has been alleged that the $2 million price tag (and $200,000 per-year maintenance costs) may cause hospitals to try and “get their money’s worth,” by using the tool as much as possible. Others have alleged that robotic surgery has similar outcomes to laparoscopic procedures despite the higher costs. Still others — including various da Vinci surgery lawsuits — have alleged that robotic surgery may have risks all its own, including cuts and burns from the robotic surgery tools used in the procedure. However, a new concern may further chill professional opinion towards the da Vinci System.

Morcellators are a type of instrument used in both robotic and traditional laparoscopic surgery. They are powered tools used to cut organs and tissues into pieces small enough for removal through the small incisions used in laparoscopic surgery. A recent safety communication from the U.S. Food and Drug Administration has warned that this should not be used in some procedures due to cancer concerns. The FDA states that in some cases, morcellation may cut into nascent tumors, allowing cancer to spread more easily within a patient’s body. While this is not specific to the da Vinci System, it could add to the litigation that is pending against the makers of the da Vinci System, and complicate existing claims.

Most of the da Vinci surgery lawsuits have taken the form of individual lawsuits. However, the U.S. Judicial Panel on Multidistrict Litigation has the option to combine these into a sort of group lawsuit called a multidistrict litigation, or MDL. MDLs are, in some ways, similar to the more familiar class action lawsuit. In both MDLs and class action lawsuits, a group of plaintiffs allege that they have suffered similar harm at the hands of the same defendant. Group lawsuits like MDLs and class action lawsuits are designed to streamline the legal system, by combining dozens, hundreds, or even thousands of cases into a single procedure. MDLs are more common for medical product lawsuits than class action lawsuits, because MDLs typically start as individual cases scattered across the country.