BioZorb Marker Lawsuit Clears Hurdle To Reach Trial in January 2026

While the first BioZorb lawsuit was originally expected to go before a jury next month, the Court has agreed to delay the start of the trial until January 20, 2026.

Two breast cancer survivors’ BioZorb bellwether lawsuits are closer to being heard by federal juries, after the U.S. District Judge presiding over the litigation indicated that a motion for summary judgment filed by the manufacturer of the recalled breast tissue marker will be denied, since the plaintiffs have presented a triable issue on the question of causation.

The BioZorb is a small tissue marker consisting of a biodegradable spacer made from polylactic acid and six permanent titanium clips. Hologic, Inc., the manufacturer, designed it to be implanted in breast cancer survivors and other individuals to mark areas previously subjected to targeted radiation therapy.

The tissue marker is supposed to dissolve until just the clips remain, as a signal to surgeons in the future that the area has already been treated. However, the U.S. Food and Drug Administration (FDA) announced a BioZorb marker recall last year after receiving numerous reports of the implants migrating out of position, protruding through the skin, or failing to absorb, often resulting in the need for surgical removal, and frequently leaving breast cancer survivors scarred and fearing they were experiencing a return of their breast cancer.

Hologic now faces nearly 200 BioZorb marker lawsuits, each raising similar allegations that Hologic prioritized profits over patient safety by failing to warn patients and doctors of the risk that the implant may fail to dissolve, migrate out of position, and break through the skin.

So far, all claims brought in the federal court system have been filed in the U.S. District Court for the District of Massachusetts, where Hologic, Inc. is headquartered, and U.S. District Judge Allison D. Burroughs has been appointed to oversee coordinated pretrial proceedings in the litigation, including a series of early test trials.

About a year ago, Judge Burroughs directed the parties to choose a group of 10 BioZorb lawsuits to serve as potential bellwether trials. These cases have gone through coordinated discovery, and four of those claims are now being prepared to go before a jury over the next year.

A BioZorb marker lawsuit filed by Kimberly Taylor was selected to be the first claim that will go to trial, with a second complaint filed by Beth Deuel expected to be the second to go before a jury.

While Judge Burroughs originally scheduled Taylor’s trial to begin on September 8, 2025, with Deuel’s claim slated to start on January 20, 2026, the court has recently agreed to delay the start of the first BioZorb bellwether claim to the second trial date.

BioZorb Plaintiffs Present “Triable Question”

In June, Hologic filed a motion for summary judgment (PDF), asking for Judge Burroughs to dismiss the bellwether lawsuits filed by Taylor and Deuel, based on claims that the plaintiffs’ expert witnesses had not shown that the recalled implant caused their injuries during Daubert proceedings.

However, in a text-only notation in the Court’s docket on August 11, the judge rejected the motion, clearing a critical hurdle before the BioZorb marker bellwether trials can go before a jury. Judge Burroughs indicated in the order that Taylor and Deuel “have created a triable issue on the question of causation,” which would leave it to the jury to determine whether Hologic should be held liable for the damages they suffered.

If Judge Burroughs had ruled the plaintiffs could not establish causation between their injuries and the BioZorb implant, it would have meant that the scientific evidence and testimony the plaintiffs intend to produce at trial was not sound enough to be put before a jury and the cases would have likely been dismissed.

Bellwether Trial Delay Requested

In a joint motion (PDF) filed on August 13, the parties asked Judge Burroughs to hold previously established pretrial deadlines in abeyance, since the start of the first case has been pushed back to January 20, 2026.

“The Parties have been working diligently to complete pre-trial matters for the first bellwether trial, and have made significant progress. However, as discussed during the August 7 status conference, the Parties believe that they would benefit from further guidance from the Court regarding their respective motions in limine and Daubert motions before completing the remaining pre-trial work for the first bellwether trial.”

–Joint Motion for Order to Hold Certain Pre-Tril Deadlines in Abeyance

They called for a final pretrial conference to be scheduled in Taylor’s case on January 6, 2026. The Court has not yet announced a new trial date for Deuel’s claims.

The BioZorb marker lawsuit bellwether trials are designed to give the parties the opportunity to see how juries will interpret key evidence and expert witness testimony that would likely be repeated in hundreds of individual trials over the next few years.

While the outcome of these early test trials are not binding on the other cases, they could have a substantial impact on any BioZorb lawsuit settlements negotiated by the parties. If no such settlement is reached, Judge Burroughs would likely begin scheduling individual trial dates.

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