Nearly 200 Women Pursuing BioZorb Lawsuits Over Complications With Breast Tissue Marker

As the number of claims continues to increase, Judge has indicated she plans to delay the start of the first BioZorb bellwether trial date from September 2025 to January 2026.

As women nationwide continue to file BioZorb lawsuits against the manufacturer of the recalled breast tissue marker, a U.S. District Judge indicates that the start of the first federal bellwether trial will be delayed until at least January 2026, since the parties need additional time to prepare the case, which was originally set to begin next month.

The BioZorb was designed and sold by Hologic, for use in breast cancer survivors and others who require targeted radiation treatment. The tissue marker consists of a biodegradable spacer made from polylactic acid and six titanium clips, which are supposed to be left behind to mark the sites of the previous radiation treatment while the rest of the implant safely dissolves.

Recently-released court records indicate Hologic faces product liability lawsuits brought on behalf of at least 183 women and other plaintiffs, who indicate that the BioZorb implant was defective and reasonably dangerous, often migrating out of position, protruding through the skin, or causing other complications when it failed to absorb into the body as intended.

The allegations mirror adverse event reports submitted to the U.S. Food and Drug Administration (FDA) in recent years, which resulted in a BioZorb recall being issued in October 2024. Each of the claims raises similar allegations, indicating that the manufacturer prioritized profits over patients’ safety, and failed to warn breast cancer patients or their doctors about the true risk of BioZorb complications.

Plaintiffs are filing their BioZorb lawsuits in the District of Massachusetts, where Hologic is headquarters. Given common questions of fact and law raised in the complaints, the litigation has been centralized before U.S. District Judge Allison D. Burroughs, who is presiding over coordinated discovery and pretrial proceedings.

To help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the claims, Judge Burroughs previously directed the parties to prepare a group of four BioZorb lawsuits for early bellwether trials.

The first BioZorb lawsuit trial will involve claims filed by Kimberly Taylor, which was previously scheduled to go before a jury starting on September 8, 2025.

However, lawyers for plaintiffs and defendants in the litigation met with Judge Burroughs for a status conference on August 7, submitting a status report (PDF) that outlined the current state of the litigation and updated the court on the total case count.

The status report indicates that the parties have finished general fact discovery for Taylor’s claim and that Daubert and summary judgment motions are fully briefed. However, minutes posted in the Court docket following the conference indicate that the parties moved to have the trial date pushed back until the second scheduled trial date of January 20, 2026.

Judge Burroughs agreed, and indicated the court will reschedule the trial dates, and that parties will meet again on August 28 for preliminary rulings on motions in limine.

While the outcome of the bellwether trials will not have any impact on other claims being pursued against the manufacturer, the average BioZorb lawsuit payouts awarded by juries are likely to have a substantial impact on negotiations needed to avoid each claim ultimately being set for trial in the future.

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