Four BioZorb Breast Marker Lawsuits Set for Trial Between Jan. and April 2026

The outcome of these early bellwether trials could influence how future claims are handled, and may help promote potential BioZorb breast marker settlements that would avoid the need for hundreds of individual trials.

The U.S. District Judge overseeing all federal BioZorb lawsuits, which accuse Hologic Inc. of selling a dangerous and defectively designed radiographic breast marker implant, has issued a series of scheduling orders to prepare the first cases to go before juries in early 2026.

The bellwether claims will be closely watched by lawyers involved in the litigation, to help gauge how juries may respond to certain evidence and testimony likely to be repeated throughout roughly 200 BioZorb breast marker lawsuits currently pending in the federal court system.

Hologic’s BioZorb is a surgical tissue marker made of a biodegradable polylactic acid framework with six titanium clips, designed to help surgeons and radiologists identify areas of the breast previously treated with radiation. The device is intended to gradually dissolve over time, leaving only the titanium clips behind.

However, women who received the breast marker started filing lawsuits against Hologic after experiencing painful complications when their BioZorb failed to dissolve, often resulting in migration, infections and other chronic problems. 

The size and scope of the litigation has been rapidly increasing since May 2024, when the U.S. Food and Drug Administration (FDA) announced a BioZorb recall, citing concerns about the device’s performance and the growing number of adverse event reports.

The lawsuits now allege that the company prioritized profits over patient safety by continuing to market the implant without adequate warnings to doctors or patients about its potential risks. Plaintiffs claim Hologic knew or should have known the biodegradable components could fail to absorb properly, causing serious injuries that often require surgical removal. However, the first claims have yet to be tested at trial.

Given the location of Hologic’s headquarters, all BioZorb breast marker lawsuits have been filed in the U.S. District Court for the District of Massachusetts under U.S. District Judge Allison D. Burroughs, who is overseeing coordinated pretrial proceedings.

Last year, Judge Burroughs had the parties choose a group of 10 BioZorb implant lawsuits to serve as potential bellwether trials. That group was narrowed down to four cases that are now being prepared to go before juries next year, with the first trial set to begin on January 20 involving claims by Kimberly Taylor. A second trial is scheduled to begin on February 23, 2026, with the fourth and fifth trials scheduled for March 30 and April 27, 2026.

On October 16, Judge Burroughs issued a scheduling order (PDF) setting key pretrial deadlines for the four bellwether trials. The order includes dates for filing summary judgment motions and motions in limine, which are requests made before trial to exclude certain evidence or testimony from being presented to the jury, as well as deadlines for pretrial conferences.

These BioZorb implant 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 throughout the litigation in hundreds of individual trials over the next few years.

While the outcomes of these early test trials are not binding on the other cases, they could have a significant effect on any BioZorb lawsuit settlement agreements. If no such settlement is reached, Judge Burroughs would likely begin scheduling individual trial dates after next year.

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