All four plaintiffs are breast cancer survivors who say their BioZorb tissue marker implants failed to properly absorb into their bodies as advertised.
To help gauge how juries may respond to certain evidence and testimony that will be repeated throughout a growing number of BioZorb lawsuits being pursued over the recalled tissue markers, lawyers have selected four cases that will be prepared for a series of early bellwether trials, which are expected to begin in early September 2025.
The BioZorb tissue marker is a small implant used to pinpoint areas for targeted radiation therapy in breast cancer patients, which consists of a biodegradable spacer made from polylactic acid and six permanent titanium clips.
While the implant is supposed to gradually break down and dissolve in the body, leaving only the clips in place to aid in the precise marketing of previous surgical tumor removal sites, a growing number of patients have reported experiencing painful BioZorb complications when the tissue marker failed to absorb into the body. In many cases, this has led to the need for surgical removal of the BioZorb marker.
The size and scope of the litigation has begun to rapidly increase over the past few months, after the manufacturer, Hologic, decided to initiate a BioZorb recall in October 2024, urging doctors to return any devices that have not been implanted and to closely monitor patients with the marker currently implanted in their breast tissue.
Nearly identical allegations have been raised in dozens of BioZorb lawsuits filed by breast cancer patients who report that the device has migrated, fractured, or caused other injuries. As a result of common questions raised by each of the plaintiffs, the complaints are currently consolidated before U.S. District Judge Allison D. Burroughs in the District of Massachusetts, where the manufacturer's U.S. headquarters are located.