The BioZorb implant is at issue in the BioZorb lawsuits, product liability cases. The BioZorb lawsuits concern breast biopsy marker side effects from the BioZorb impant. The recent BioZorb recall makes contacting a lawyer time-sensitive, especially with trials about to start.

Our partner handling these cases is in a leadership role in the litigation and knows the science and medicine very well. We are excited for the upcoming trials. 

Bellwether Trials Set in BioZorb Lawsuits in Federal Court

U.S. District Judge Allison D. Burroughs of the District of Massachusetts has set a schedule for the bellwether trial process in the BioZorb mass tort litigation, with the first bellwether trial anticipated to begin in late 2025. Plaintiffs allege the BioZorb implant caused severe injuries and complications. 

The BioZorb titanium marker is an oval or spiral shaped implantable medical device that should dissolve or resorb over time.  Plaintiffs allege BioZorb does not resorb leaving behind chronic and un-warned of side effects. These include device migration, erosion, infections, and chronic foreign body reactions.

Judge Burrough’s bellwether trial order establishes a carefully structured timeline and process that ensures efficient case management for the BioZorb lawsuits. By grouping cases and setting standardized procedures for discovery, depositions, and selection of plaintiffs for trial, the order streamlines the legal process. This approach will allow for consistency and efficiency, making it easier for all parties to assess evidence, understand the claims, and prepare for potential outcomes. A link to the order can be found here: D MA Bellwether Plan

Key Aspects of the Judge’s Order for the BioZorb Implant Bellwether Process

Judge Burrough’s order divides the BioZorb litigation into different tracks. Each has specific timelines for each phase of the process. These tracks will guide discovery and deposition deadlines, establishing a foundation for the selection of plaintiffs who will participate in the bellwether trials. 

Ultimately, each side chooses five cases each to create a pool of ten potential bellwether cases. They take further core discovery including depositions of the plaintiffs, spouses, healthcare providers, and sales representatives. Each side can then strike three cases. That leaves four cases for trial. Expert discovery, additional fact-gathering, and pretrial motions follow next, culminating in the first trial in or around July 2025.

By using a bellwether approach, the Court provide a clearer direction for similar BioZorb marker cases to proceed. It provides insight into the outcomes we might expect. The structured selection process also allows both sides to examine core evidence, test legal theories, and understand the strengths and weaknesses of their cases, all of which can inform future actions in the litigation. 

What Are Bellwether Trials?

Bellwether trials are sample jury trials conducted within a larger set of related cases, often used in mass tort litigation. In mass tort litigation, a large number of individual claims are filed against the same defendant or group of defendants, typically for injuries or damages related to the same product, drug, or device. Bellwether trials serve as representative cases within this large group, providing insight into how jurors might respond to the evidence, arguments, and witnesses presented. By testing the waters with these sample cases, both plaintiffs and defendants gain a better understanding of the potential outcomes and settlement values for similar cases.

Bellwether programs such as the one implemented in BioZorb are common in mass tort litigations, as they help to manage a large volume of similar claims efficiently. When a mass tort involves hundreds or thousands of plaintiffs, trying each case individually would be highly impractical. Instead, bellwether trials serve as indicators for the larger group, allowing the court and the parties to observe how jurors react to key aspects of the case, such as the alleged defect in a product or the causal link between a drug and the plaintiffs’ injuries.

How Bellwether Trials Influence Settlement Discussions in Mass Tort Litigation

One of the key benefits of bellwether trial programs is their influence on settlement discussions. Because these trials provide a glimpse of potential outcomes, they often encourage both sides to consider negotiating settlements. If Plaintiff wins substantial damages, the Defendant may settle similar claims to avoid the risks and costs of additional jury trials. Conversely, if Defendant prevails, plaintiffs’ counsel may recognize their chances of success are lower thereby depressing values.

An example of a bellwether trial is the series of cases in the Roundup litigation. There, multiple plaintiffs sued Monsanto (now owned by Bayer) alleging that the herbicide Roundup caused cancer. In the early bellwether trials, juries awarded substantial damages to plaintiffs. Bayer negotiated large settlements to resolve thousands of remaining cases. These early trials set a precedent that facilitated an agreement. Defendants then obtained favorable verdicts and a stalemate persists.  

The BioZorb recall strengthens the BioZobr implant lawsuits. We will see what impact the BioZorb recall has on the outcome soon.

The Benefits and Drawbacks of Bellwether Trials in Mass Tort Claims

Bellwether trials have several advantages for mass tort claims. They provide early feedback on how juries perceive the evidence. This can help develop stronger arguments and assess the feasibility of additional trials. The results can serve as benchmarks, an indication of potential damages. Moreover, by resolving some representative cases first, bellwether trials can encourage more efficient settlement processes, reducing the need for prolonged litigation.

However, bellwether trials have drawbacks. One downside is that the results of these cases may not always reflect the broader group of claims. They may reflect a small sample. If the chosen  cases are unusually strong or weak, they may not accurately predict outcomes for the others. Additionally, bellwether trials can be costly and time-consuming.

Another limitation is that the outcome of bellwether trials is not binding on other plaintiffs unless they participate in the same settlement program or agree to similar terms. Therefore, while these trials can influence the direction of mass tort claims, they do not guarantee that all cases will be resolved in a similar manner. Indeed, victories sometimes create unreasonable expectations. 

Impact of Bellwether Trials on Mass Tort Claims

Bellwether trials can impact on the dynamics of mass tort claims. By offering a preview of how jurors might respond to various elements of a case, they help shape settlement values, motivate negotiations, and inform parties about the strengths and weaknesses of their positions. In the context of the BioZorb lawsuits, the results could have significant implications. A positive outcome for plaintiffs may encourage Hologic, Inc. to settle additional cases to avoid a prolonged and expensive litigation process. Conversely, if Hologic prevails, plaintiffs may reassess the viability of their claims and consider alternative resolutions.

Important Step in BioZorb Lawsuits

The judge’s trial order in the BioZorb litigation marks an important step toward resolving the claims against Hologic, Inc. By establishing a clear timeline and structure for the bellwether process, the Court sets the groundwork for an efficient resolution. 

As the bellwether process unfolds, plaintiffs and defendants alike will gain a deeper understanding of the risks and rewards associated with pursuing these claims. For plaintiffs involved in the BioZorb implant litigation, the bellwether trials scheduled to begin in 2025 represent a critical opportunity to have their cases heard and to potentially set the stage for future settlements. In mass tort litigation, bellwether trials are a vital tool that serves to balance the interests of efficiency, fairness, and justice for all parties involved.

KBA Attorneys: Advocating for Victims in BioZorb Implant Cases

At KBA Attorneys, we are committed to representing clients who have suffered harm due to the BioZorb implant and helping them seek the justice they deserve. Our team of experienced attorneys is actively involved in the BioZorb lawsuits, working diligently to uncover the facts, gather critical evidence, and hold manufacturers accountable for the injuries caused by these devices. We understand the complexities of mass tort litigation and the significant impact these cases can have on the lives of our clients.

Through strategic case management, dedicated legal support, and a thorough understanding of the medical issues involved, KBA Attorneys is here to provide guidance and pursue compensation for those affected by BioZorb complications. If you or a loved one has experienced issues with a BioZorb implant, contact us. Our team is ready to help you navigate the legal process and explore your options for justice and recovery. With the recent BioZorb recall, time is of the essence. 

Contact us

855-KBA-LAWS (522-5297)

biozorb@kbaattorneys.com