Lawyers in BioZorb Implant Lawsuits Request Updated Deadlines in Pretrial Schedule

The first federal BioZorb bellwether trial is expected to begin in January 2026, with a series of three additional lawsuits set to go before juries in February, March and April of next year.

Attorneys involved in hundreds of BioZorb implant lawsuits pending in the federal court system have proposed a series of updates to the pre-trial deadlines for bellwether cases, which will help them prepare for a series of early test trials scheduled to begin early next year.

BioZorb is a tissue marker implant manufactured by Hologic Inc., which consists of a biodegradable spacer made from polylactic acid and six titanium clips. It is designed to be implanted in breast cancer survivors and other individuals to mark areas previously targeted in radiation therapy.

The implant is supposed to dissolve, leaving only the titanium clips behind to mark the location of previous radiation treatments for future surgeons. However, following numerous reports of the tissue markers migrating out of position, protruding through the skin or failing to absorb properly, the U.S. Food and Drug Administration (FDA) announced a BioZorb recall last year.

Following the recall, Hologic now faces about 200 BioZorb implant lawsuits, each raising similar allegations that the manufacturer put profits ahead of patient safety by failing to provide adequate warnings to doctors and patients of the implant’s potential risks.

All BioZorb lawsuits 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. 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.

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.

The first claim scheduled to go to trial was filed by Kimberly Taylor, with a 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 recently agreed to delay the bellwether trials, pushing back the trial for Taylor’s claims until the January 20 trial date.

On October 14, lawyers representing both plaintiffs and defendants filed a joint motion (PDF), asking Judge Burroughs to approve a new pretrial schedule, which accounts for the recent delays in the bellwether trials.

The motion calls for the judge to set a new pre-trial briefs deadline for the Taylor trial for December 12, which would include Daubert motions and motions in limine. They also called for Judge Burroughs to set pre-trial deadlines for the Deuel trial, which has been rescheduled to begin on February 23, 2026.

Parties also noted that the court has scheduled two more bellwether trials to begin on March 30, 2026, and April 27, 2026, which are still awaiting a pre-trial schedule.

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.

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