BioZorb Lawsuits Over Breast Marker Complications Set for Trial in Sept. 2025 and Jan. 2026

As lawyers prepare for the first federal trials, the Judge presiding over the litigation indicates that the Court will not address pending motions for summary judgment that are unrelated to those bellwether cases.

The U.S. District Judge presiding over all BioZorb lawsuits brought over painful complications caused by the recalled breast tissue markers has scheduled the first trial to begin on September 8, 2025, with a second bellwether case set for January 20, 2026, to help the parties gauge how juries may react to evidence that will be repeated throughout the litigation.

The BioZorb marker is a small implant used to pinpoint areas for targeted radiation therapy in breast cancer patients, which consists of a biodegradable spacer made from polylactic acid and six permanent titanium clips.

While the implant is supposed to gradually break down and dissolve in the body, leaving only the clips in place to aid in the precise marking of previous surgical tumor removal sites, a number of patients have reported experiencing painful BioZorb complications when the tissue marker failed to absorb into the body. In many cases, this has led to the need for surgical removal of the BioZorb marker.

As a result of the problems, the manufacturer, Hologic, announced a BioZorb recall in October, urging doctors to return any devices that have not been implanted and to closely monitor patients with the breast marker currently implanted.

There are now nearly 100 BioZorb marker lawsuits being pursued against Hologic by breast cancer survivors, each raising similar allegations that design defects caused the device to migrate, fracture, poke through the skin, or cause other injuries.

Since common questions of fact and law are raised in each of the complaints, the litigation has been consolidated before U.S. District Judge Allison D. Burroughs in the District of Massachusetts, for coordinated pretrial proceedings and a series of early test trials.

In July 2024, Judge Burroughs directed the parties to select a group of 10 BioZorb lawsuits for a “bellwether” process, with each side designating five cases for a Discovery Pool. Those BioZorb injury cases have been going through depositions, exchange of medical records and other case-specific discovery, to help the parties gather information to select a smaller group of cases to present to juries as early test cases.

Last month, the parties whittled that list down to four bellwether trial candidates, and were called upon by Judge Burroughs to propose a system for selecting the order of the trial cases by January 17.

In an order issued electronically through the court docket on January 16, following a status conference held the previous day, Judge Burroughs announced that the first BioZorb lawsuit will go before a jury on September 8, 2025, with a second trial set to begin on January 20, 2026. The order indicates that both trials are expected to last three weeks, and that the next two trial dates will be set later.

In addition, Judge Burroughs denied several motions for summary judgment filed by Hologic, indicating she is not going to address any motions that do not directly affect the bellwether trials until a later date. However, Judge Burroughs indicated that Hologic may renew the motions following the conclusion of the four bellwether trials.

While the outcome of these early trial dates 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 settlement negotiations needed to avoid each claim ultimately being set for trial in the future.