Preparation Underway for BioZorb Lawsuit Bellwether Trials
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A key step in the litigation for the approximately 100 pending BioZorb lawsuits is quickly approaching. The first bellwether trial is set for Sep. 8, 2025, with a second trial following soon after in January 2026.
These lawsuits claim that the use of the breast cancer markers led to serious complications. The upcoming bellwether trials will likely influence the direction these claims are heading.
These trials often serve as test cases. They help give both plaintiffs and defendants an idea of how most BioZorb lawsuits might go if they all went to trial. If plaintiffs are successful in the bellwethers, it could encourage defendants to consider a settlement.
Most BioZorb lawsuits are pending before one judge in a Massachusetts-based federal court. However, they have not been consolidated into multidistrict litigation, which is a streamlined process often used when filing similar lawsuits.
The judge overseeing these cases recently outlined pretrial schedules for bellwether cases. This schedule includes key pretrial deadlines during the summer in preparation for the first trial.
BioZorb Lawsuits Claim Devices Caused Serious Complications in Patients
The rise in BioZorb lawsuits comes from claims that these devices caused serious complications.
BioZorb is a breast cancer marker meant to be implanted in soft tissue to help identify tissues for future medical treatment.
A recall was issued for these devices in March 2024 following reports of numerous conditions stemming from their use.
“Hologic Inc., would like to inform patients and health care providers about possible health risks reported with respect to the BioZorb Marker,” Hologic, which manufactures the devices, said in a statement. The company went on to say it is working with the U.S. Food and Drug Administration to address safety concerns.
Reported problems included device migration or erosion, pain, rash and infection. The FDA listed the recall as a Class I, the most serious kind.
Hologic eventually recalled all unused lots of BioZorb in October.
Editor Lindsay Donaldson contributed to this article.