Court Stays Deadlines in Lawsuits Over Recalled Biozorb Marker

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

The U.S. District Judge overseeing all federal lawsuits over injuries linked to the recalled BioZorb breast tissue marker has canceled all deadlines in the coordinated pretrial proceedings, just weeks before the first bellwether trial was scheduled to begin, to help the parties gauge how juries may respond to evidence and testimony that may be repeated in claims brought by women nationwide.

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, and U.S. District Judge Allison D. Burroughs is overseeing coordinated discovery and pretrial proceedings in the litigation.

To help the promote potential settlement negotiations, Judge Burroughs previously established a “bellwether” process, where a group of claims have been prepared for early trial dates. The parties initially selected an initial bellwether pool of 10 BioZorb marker lawsuits last year, which was subsequently whittled down to four claims now being prepared for trial to begin early next year.

The first trial was expected to begin on January 20, 2026, involving claims brought by Kimberly Taylor. A second bellwether trial was then slated for February 23, with others following on March 30 and April 27, 2026.

While the outcome of these bellwether trials would not have any binding impact on other women pursuing claims, they were being closely watched and were intended to promote BioZorb settlement talks between the parties.

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.

To stay up to date on this litigation, sign up to receive BioZorb marker lawsuit updates sent directly to your inbox.