BioZorb Bellwether Trials Set in Massachusetts 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 or around July, 2025. Plaintiffs in this litigation allege that the BioZorb device has caused them severe injuries and complications.  The BioZorb device is an oval or spiral shaped implantable medical device that is supposed to dissolve or resorb over time.  In these lawsuits, Plaintiffs allege that the device does not resorb as it is supposed to, and leaves behind chronic and un-warned side effects such as 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 litigation. By grouping cases and setting standardized procedures for discovery, depositions, and selection of plaintiffs for trial, the order aims to streamline the legal process in a manner that can apply to the large number of plaintiffs involved. This approach will allow for both consistency and efficiency in handling similar cases, 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 Bellwether Process

Judge Burrough’s order divides the BioZorb litigation into different tracks, with 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, both plaintiffs’ and defendant’s attorneys will choose five cases each to create a pool of ten potential bellwether cases. After this pool is finalized, further core discovery will be conducted for these selected plaintiffs, which includes taking depositions of the plaintiffs, spouses, healthcare providers, and sales representatives relevant to each case. By December 16, 2024, each side will be allowed to strike three cases, resulting in a final selection of four cases that will proceed to trial as bellwether cases. Expert discovery, additional fact-gathering, and pretrial motions will follow, culminating in the first trial in or around July 2025.

By utilizing a bellwether approach, the court aims to provide a clearer sense of how similar BioZorb cases may proceed and what outcomes plaintiffs and defendants 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 based on the trial results. For instance, if plaintiffs win the bellwether cases and are awarded substantial damages, the defendant may be more inclined to settle similar claims to avoid the risks and costs of additional jury trials. Conversely, if the defendant prevails in the bellwether cases, plaintiffs may recognize that their chances of success are lower, which can lead to settlements at lower values or even case dismissals.

An example of a bellwether trial is the series of cases in the Roundup litigation, where 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, leading Bayer to negotiate large settlements to resolve thousands of remaining cases. These early trials set a precedent, which motivated both sides to reach an agreement, ultimately shaping the resolution of the mass tort. 

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, which helps both parties to develop stronger arguments and assess the feasibility of pursuing additional trials. The results of bellwether trials can serve as benchmarks, giving plaintiffs and defendants 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 are not without drawbacks. One potential downside is that the results of these cases may not always reflect the broader group of claims, as they are based on a small sample of cases selected to represent the entire group. If the chosen bellwether cases are unusually strong or weak, they may not accurately predict outcomes for the rest of the litigation. Additionally, bellwether trials can be costly and time-consuming, with extensive discovery and preparation required for each case.

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.

Impact of Bellwether Trials on Mass Tort Claims

Bellwether trials have a profound 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 plaintiffs about the strengths and weaknesses of their legal positions. If a series of bellwether trials produces favorable outcomes for plaintiffs, the defendant may feel increased pressure to resolve claims through settlements to avoid further adverse judgments. Alternatively, favorable outcomes for the defendant can deter plaintiffs from pursuing litigation and lead to lower settlement values.

In the context of the BioZorb litigation, the results of the upcoming bellwether trials could have significant implications. Should the initial trials yield positive outcomes for plaintiffs, they may encourage Hologic, Inc. to settle additional cases to avoid a prolonged and expensive litigation process. Conversely, if Hologic prevails in these early cases, plaintiffs may reassess the viability of their claims and consider alternative resolutions.

Important Step in Moving Forward

The judge’s trial order in the BioZorb litigation marks an important step toward resolving the numerous claims against Hologic, Inc. By establishing a clear timeline and structure for the bellwether process, the court is laying the groundwork for an efficient and fair resolution of the mass tort. Bellwether trials, as sample jury trials, offer valuable insight into the strengths and weaknesses of each party’s case, helping to guide settlement discussions and future case management.

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 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 Cases

At KBA Attorneys, we are committed to representing clients who have suffered harm due to the BioZorb device and helping them seek the justice they deserve. Our team of experienced attorneys is actively involved in the BioZorb litigation, 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.