Lawyers Preparing BioZorb Lawsuit To Go Before Jury on Sept. 8, 2025

Parties requested a status conference next week with the judge overseeing the litigation, to address key pre-trial issues before the BioZorb lawsuit bellwether case goes before a jury.

A BioZorb lawsuit filed by a New York woman is scheduled to go before a federal jury in early September 2025, raising allegations that problems with the recalled breast tissue marker resulted in severe and painful complications, and the case will be closely watched since it is expected to involve testimony and evidence similar to what could be repeated throughout dozens of other claims being pursued by women throughout the U.S.

The complaint (PDF) was brought by Kimberly Taylor in January 2023, indicating that she received a BioZorb tissue marker as part of her breast cancer treatments nearly two years earlier. However, after the device failed to absorb back into her body, she was left with severe pain and inflammation, which ultimately resulted in the need for her to undergo an unplanned mastectomy.

The BioZorb is a small tissue marker, which has been implanted in breast cancer survivors and other individuals who require targeted radiation therapy. It consists of a biodegradable spacer made from polylactic acid and six permanent titanium clips, which the manufacturer indicated would remain behind to mark the location of previously removed tissues after the device gradually dissolves into the body.

However, the U.S. Food and Drug Administration (FDA) announced a BioZorb tissue marker recall last year, citing reports of numerous incidents where the marker migrated out of position, protruded through the skin, or failed to absorb, often resulting in the need for surgical removal.

As a result of these problems, Taylor’s complaint is just one of more than 100 BioZorb lawsuits filed against Hologic, Inc., each alleging the company prioritized profits over patient safety and failed to warn patients and doctors about risks that the implant may fail to dissolve, shift position, or break through the skin.

All of the lawsuits over BioZorb devices have been filed in the U.S. District Court for the District of Massachusetts, where Hologic is headquartered, with the first cases brought more than a year before the product recall was announced.

Since most of these claims involve common questions of fact and law, they have been centralized before Judge Allison D. Burroughs for coordinated pretrial proceedings and a series of early test trials.

In August 2024, 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 are being prepared for early test trials. In March, the parties narrowed that list down to four Trial Pool cases.

First BioZorb Lawsuit Bellwether Trial

On July 22, the parties sent a letter (PDF) to Judge Burroughs, indicating that since she has scheduled the first bellwether trial to begin with Taylor’s complaint on September 8, 2025, they would like the court to schedule a case management conference for some time next week.

“The Parties believe we would benefit from a case management conference to obtain the Court’s guidance on certain pre-trial matters. For example, the Parties anticipate jointly proposing a process for handling objections to trial exhibits.”

-Jocelyn Wiesner, In re BioZorb Device Products Liability Litigation, No. 1:22-cv-11895

A second trial is scheduled to begin on January 20, 2026, but it is unclear which case will fill that slot.

While the outcome of these early trial dates will not have any impact on other claims being pursued against the manufacturer, the average BioZorb lawsuit payouts awarded by juries are likely to have a substantial impact on negotiations needed to avoid each claim ultimately being set for trial in the future.