BioZorb Lawsuit
Case Update:
Hundreds of Plaintiffs have already filed BioZorb lawsuits. For now, the BioZorb lawsuits are being consolidated in the U.S. District Court for the District of Massachusetts and are progressing under a “bellwether” plan established by Judge Allison D. Burroughs. This plan involves selecting a small group of representative cases for early trials to gauge how juries respond to evidence that the BioZorb tissue marker was defectively designed. These trials will provide insights into liability and potential BioZorb settlement amounts. The parties have proposed a random selection process to determine the trial order. Trials are expected to last approximately three weeks each, with the first trial scheduled for September 8, 2025, and the second in January 2026.
On January 16, 2025, Judge Allison D. Burroughs from the U.S. District Court for the District of Massachusetts denied the manufacturer’s motion for summary judgment about risks associated with BioZorb. This is a significant win for plaintiffs.
Currently, there is no MDL for BioZorb cases, but this is expected to change soon. While no Motion has been made to the JPML yet, this is a case where consolidation makes sense. With over 100 plaintiffs already involved and the potential for many more, centralizing these cases would certainly streamline pretrial proceedings. If and when the litigation is centralized as an MDL, the Massachusetts District Court is a strong candidate to host because Hologic, Inc., the manufacturer, is headquartered there. In addition, most cases are already filed there.
What is BioZorb?
BioZorb is a bioabsorbable device used in breast cancer surgeries to provide shape and support for the breast post-tumor removal, making radiation therapy easier. Made from a bioabsorbable polymer, BioZorb gradually breaks down in the body, allowing natural healing and eliminating the need for a second surgery to remove the device.
A key feature of BioZorb is its embedded radiopaque markers, which assist in imaging during follow-up radiation therapy. These markers are supposed to enable precise targeting of the treatment area, reducing the risk of damage to surrounding healthy tissue. Marketed as a less invasive alternative to traditional procedures, BioZorb claims to reduce complications and improve cosmetic outcomes. However, reports of adverse outcomes have raised concerns within the medical community and led to litigation.
Overview Of The BioZorb Lawsuit
Manufacturers of medical devices or implants, such as the BioZorb, have a legal responsibility to ensure that their products are safe for their intended use. When a product is unsafe due to a defective design, a manufacturing flaw, or a negligent failure to warn about certain risks, the manufacturer can be held responsible for injuries caused by that product.
The BioZorb lawsuit is centered around an implantable device designed to serve as a three-dimensional marker for soft tissue sites after breast cancer surgeries like lumpectomies. With its spiral structure made from a bioabsorbable compound, the device includes six titanium radiopaque clips intended to guide radiation therapy. It works. But plaintiffs in these cases are alleging that instead of integrating seamlessly into their recovery process, BioZorb has caused painful scarring, infection. These complications were not adequately disclosed and that is the foundation of this litigation.
BioZorb’s design, compounded by misleading marketing, has left many patients unprepared for the realities of their post-implantation experience. Biozorb lawsuits against Hologic assert that the company failed to adequately warn patients and doctors about the potential for serious complications, such as chronic pain, tissue inflammation, disfigurement, and device migration.
Plaintiffs argue that Hologic’s instructions for use (IFU) lack critical warnings about BioZorb’s slow or incomplete absorption and omit necessary information about increased radiation dosing risks, which can lead to visible skin damage. In marketing BioZorb as a space filler and cosmetic enhancer, Hologic is also accused of promoting off-label uses without disclosing the risks, potentially leading doctors to recommend the device without a full understanding of its safety profile.
The manufacturer of the BioZorb, Hologic, may well be required to compensate victims for injuries caused by BioZorb due to complications associated with the implant. Anyone who had the BioZorb implanted and subsequently suffered complications that were caused by defects in the design of the BioZorb or shortcomings in the instructions for the BioZorb may be eligible to file a product liability lawsuit and get financial compensation.
A growing number of BioZorb lawsuits have already been filed across the country. Hundreds and possibly thousands more are expected to be filed moving forward as new patients suffer complications and injuries.
Who Is Eligible To File A BioZorb Lawsuit
Individuals who have experienced adverse health outcomes or severe complications such as chronic pain, infection, tissue damage, or the need for surgical removal of the device years after implantation.
Our firm is actively investigating claims and accepting cases from individuals who have experienced the following injuries or complications linked to BioZorb implants:
- Infection: Severe and sometimes recurring infections at the implant site.
- Fluid Buildup (Seroma): Accumulation of fluid around the implant, causing discomfort and requiring medical intervention.
- Migration: Instances where the implant moves out of its intended position, leading to additional complications and corrective surgeries.
- Erosion: The implant breaking through the skin, resulting in pain and visible disfigurement.
- Delayed or Failed Reabsorption: The device not resorbing as intended, leaving a palpable lump, chronic pain, or requiring surgical removal.
Choose Brindisi, Murad & Brindisi Pearlman, LLP to Handle Your BioZorb Lawsuit
At Brindisi, Murad & Brindisi Pearlman, LLP, we have decades of experience helping injured people recover compensation from responsible companies that manufacture and distribute dangerous medical devices. If you were injured because of the BioZorb device, contact Brindisi, Murad & Brindisi Pearlman, LLP, and you will find a dedicated legal team who will put their experience to work for you. Call us for a free consultation today.
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