Group of 7 BioZorb Injury Lawyers Appointed to Leadership Positions in Lawsuits Over Recalled Breast Tissue Marker

Appointments come amid an increase in new BioZorb injury lawsuit filings, as breast cancer survivors learn that painful complications may be the result of design defects.

The U.S. District Judge presiding over all BioZorb injury lawsuits pending in the federal court system has appointed about a half dozen plaintiffs’ attorneys to serve in various leadership positions during the coordinated pretrial litigation, as the filing of new cases seems to be accelerating.

There are currently more than 100 product liability lawsuits brought against Hologic, Inc., each alleging that the BioZorb tissue marker was defectively designed and unreasonably dangerous. 

The BioZorb Marker is used in breast cancer survivors and other individuals who require targeted radiation therapy, consisting of a biodegradable spacer and six permanent titanium clips, which are implanted to mark the location for treatments.

Although the BioZorb Marker is supposed to gradually dissolve into the body and only leave the clips behind, women have reported experiencing severe pain, discomfort and other BioZorb marker injuries when the device failed to absorb. In some cases, the marker has migrated out of place, or protruded painfully from the skin, often leading to a need for revision surgery to remove the device.

As a result of the complications, Hologic announced a BioZorb recall in October 2024, instructing medical providers to closely monitor any women implanted with the device. Since then, the pace of new BioZorb injury lawsuits has increased dramatically, as women learn that problems experienced in recent years were the result of design defects with the implant.

The cases have all been filed in the U.S. District Court for the District of Massachusetts, where Hologic’s headquarters are located, and at least six new complaints have been brought so far this month, involving injuries experienced by dozens of different women.

Given common questions of fact and law raised in the complaints, the litigation has been consolidated before U.S. District Judge Allison D. Burroughs, who is overseeing coordinated discovery and pretrial proceedings. 

Late last month, a group of plaintiffs’ attorneys involved in the litigation proposed a BioZorb lawyer leadership structure, to appoint several lawyers to positions that would benefit all women pursuing lawsuits over a BioZorb marker injury. 

In a court order (PDF) issued on March 11, Judge Burroughs approved the BioZorb lawsuit attorneys’ proposal, selecting two co-lead counsel for plaintiffs and a five-person Plaintiffs’ Executive Committee (PEC), which will conduct discovery into common issues in the claims, argue motions before the court, and coordinate global agreements with the manufacturer.

Under such a structure, each plaintiff will still maintain their own BioZorb lawyer to establish that their specific injuries were caused by the breast tissue marker and negotiate potential settlements.

BioZorb March 2025 Lawsuits Update

The appointments are announced as the parties continue to prepare a small group of BioZorb bellwether lawsuits for early trial dates, which are expected to begin going before juries later this year.

Last month, Judge Burroughs indicated that the first BioZorb lawsuit trial will commence on September 8, 2025, with a second case set to go before a jury on January 20, 2026.

While the outcome of these early trial dates will not have any impact on the remaining BioZorb injury claims, they will be closely watched by lawyers involved in the litigation to gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation. 

The average payouts awarded by juries are also likely to have a substantial impact on negotiations needed to avoid each claim ultimately being set for trial in the future.