We provide updates concerning the BioZorb lawsuit. The BioZorb marker is no longer on the market. We continue updating the public about the BioZorb lawsuits pending in federal court. Trial is coming up this year in the first cases to go before a jury. There is still time for woman who had a BioZorb marker.

Important Victory for Patients in BioZorb Lawsuit

Hundreds of woman filed a BioZorb lawsuit in federal court in the District of Massachusetts so far. We expect hundreds more to file in the coming months.

We speak frequently with women coming forward reporting excruciating pain and serious breast biopsy marker side effects after receiving a recalled BioZorb breast implant marker.  

The BioZorb titanium marker is an implantable medical device. A Massachusetts-based company, Hologic, Inc., designed and manufacturer it. Doctors used it in breast cancer surgery to mark the tumor removal site for radiation treatment.

The BioZorb marker consists of a spiral-shaped frame. It should dissolve and leave only small titanium clips behind to guide radiation therapy. 

What experts discovered is that the material that makes up the “spiral-shaped” implant design has several defects and promotes an inflammatory reaction in patients.  In many patients, not only does the design fail to dissolve, it also leaves behind a painful inflamed tumor-like “mass” in the breast.  Some patients report having a BioZorb mass in their breast 4 or more years later.

BioZorb Patients Left in the Dark

Most women report knowing little, if any, negative side effects concerning the BioZorb breast biopsy marker.  Several women report they were unaware of other surgical options. Many received no notice the BioZorb implant carried  significant breast biopsy marker side effects. Even today, BioZorb marker patients do not know of the BioZorb recall. 

KBA Attorneys Stands with BioZorb Marker Survivors

KBA and other attorneys blame this widespread misinformation in large part to the manufacturer’s lack of reporting problems to the FDA, an issue that the FDA laid out in a stern warning letter dated December 18, 2024. 

Lawyers have been on top of these issues long before the FDA.  In fact, the first lawsuit alleging that BioZorb failed to warn of breast biopsy marker adverse side effects and was defectively designed is years old, predating the BioZorb recall. 

The BioZorb lawsuit progresses in federal court in the District of Massachusetts.  In a recent significant win for patients, the judge in Massachusetts denied medical device manufacturer Hologic’s attempt to dismiss a key case in the ongoing BioZorb titanium marker litigation. This January 2025 ruling allows injury claims against Hologic to move forward to trial. Trial in the BioZorb marker lawsuit is coming up this year. These are tough cases. One case recently lost a failure to warn claim. 

Why the BioZorb Medical Device Ruling Matters

The Court rejected Hologic’s argument that they could not be held responsible for injuries because they only had a duty to warn doctors, not patients, about potential risks (known as the “learned intermediary doctrine”). Instead, the judge found sufficient evidence that:

1) The company did not adequately doctors about how long the BioZorb implant could take to dissolve.

2) The surgeon in this case testified he stopped using BioZorb after discovering it wasn’t dissolving as quickly as the company had claimed.

3) If proper warnings had been provided earlier, the doctor may have chosen not to use a BioZorb marker.

What This Means for Patients

If you’ve experienced complications from a BioZorb implant, this ruling helps protect your right to seek compensation. The Court’s decision allows claims to proceed related to:

• Failure to warn about risks
• Design defects in the device
• Breach of warranty
• General negligence

BioZorb Marker Lawyer for Patients Impacted by the BioZorb Recall

Our firm continues to advocate for patients injured by BioZorb markers. Lawyer Robert Price is KBA’s lead lawyer for the BioZorb litigation and is one of the nation’s lead lawyers in BioZorb litigation centralized in Massachusetts. Robert is currently working with nationwide experts to get ready for trial against the manufacturer of BioZorb.  The Massachusetts judge has set trials beginning in September 2025.  These “bellwether” trials are designed to set the pace for future cases and, if successful, will illustrate to the manufacturer that BioZorb marker victims deserve compensation for being implanted with a defective recalled device.

We understand the physical and emotional toll these complications can take. If you or a loved one has experienced issues with a BioZorb titanium marker, contact us for a free consultation to discuss your legal rights, including filing a BioZorb lawsuit. 855-KBA-LAWS (522-5297), Info@KBAattorneys.com

Robert Price in Plaintiffs’ Steering Committee

On March 5, 2025, plaintiffs in this case filed a motion before Judge Allison Burroughs in the U.S. District Court for the District of Massachusetts seeking leadership appointments in the litigation. They proposed appointing Christy Crow of Jinks Crow PC and C. Moze Cowper of Cowper Law LLP as co-lead counsel to represent plaintiffs in the case.

Additionally, they requested the formation of a plaintiffs’ steering committee—a group of attorneys who would help coordinate the case. The proposed members of this committee include:

• C. Elizabeth Littell and Lauren Hoff-Downing (Jinks Crow PC)
• John Roddy (Bailey & Glasser LLP)
• Megan McBride (Cowper Law LLP)
• Robert Price (Ketterer Browne & Associates)

This motion is an important step in organizing the legal representation for plaintiffs, as leadership appointments help streamline litigation strategy and coordination in large-scale product liability cases.

P.S. About the BioZorb Lawsuits

The fight for justice in the BioZorb litigation is ongoing, but this ruling represents an important step forward for patients. We remain committed to holding manufacturers accountable and securing fair compensation for those who the BioZorb marker harmed. 

We note that after this decision, another followed. One case lost evidence as the Court ruled in favor of the BioZrob maker on a legal issue finding a lack of causation testimony. The BioZorb lawsuit continues for many women. Contact us to see if you have a BioZorb claim.