Court Stays Deadlines in Lawsuits Over Recalled Biozorb Marker

Pause in litigation occurs two months before first BioZorb marker bellwether trial is scheduled to begin.

The U.S. District Judge overseeing all federal lawsuits claiming that the recalled BioZorb tissue marker implant was defectively designed has ordered all proceedings paused, just weeks before the first bellwether trial is scheduled to begin.

The BioZorb was a surgical tissue marker made of biodegradable polylactic acid on a framework with six titanium clips. It was designed by Hologic Inc. to assist surgeons and radiologists in identifying areas of the breast previously treated with radiation as part of breast cancer treatment.

Hologic promoted the BioZorb as being able to gradually dissolve over time, leaving only the titanium clips behind. However, women implanted with the breast marker began complaining of extremely painful complications, indicating the devices failed to dissolve properly, leading to implant migration, infections and other problems.

In May 2024, the U.S. Food and Drug Administration (FDA) announced a BioZorb recall, noting that the agency was receiving a growing number of adverse event reports linked to the device.

As a result, Hologic faces about 200 BioZorb marker lawsuits, each alleging that the company placed profits over patients’ safety by failing to adequately warn doctors and patients about the true potential risks associated with the implant. Plaintiffs argue that Hologic knew or should have known the tissue marker could fail to dissolve properly, causing serious injuries that often require the BioZorb to be surgically removed.

All BioZorb marker lawsuits are filed in the U.S. District Court of Massachusetts, where Hologic is headquartered, under U.S. District Judge Allison D. Burroughs, who is overseeing coordinated discovery, pretrial proceedings, and has been leading the litigation toward a series of early test trials.

These “bellwether trials” are designed to allow parties to see how juries respond to evidence, testimony and arguments that would likely be repeated throughout the litigation. Selected from an initial bellwether pool of 10 BioZorb marker lawsuits last year, that group was eventually whittled down to four claims now being prepared for trial next year.

The first trial is scheduled to begin on January 20, 2026, involving claims by Kimberly Taylor. The second bellwether trial is scheduled for February 23, with others following on March 30 and April 27, 2026.

However, in a text-only entry added to the court docket after a hearing held on November 12, Judge Burroughs announced that the Court was staying all deadlines and denying all pending motions. She indicated that the parties had leave to renew all of the pending motions if necessary. The order has raised speculation that a settlement may be within reach.

If not, the outcomes of the upcoming bellwether trials, while not binding on other cases, could have a significant effect on any BioZorb settlement agreements. If no such settlement is reached after these early trials are concluded, Judge Burroughs would likely begin scheduling individual trial dates.

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