Biozorb Lawsuit
A BioZorb lawsuit against Hologic, Inc. alleges that the BioZorb 3D Bioabsorbable Marker caused injuries, including device migration, fluid buildup (seroma) and erosion. Hologic recalled these devices used for breast cancer treatment.
What You Should Know About BioZorb Lawsuits
Women who received treatment for breast cancer and suffered injuries are at the heart of BioZorb lawsuits. BioZorb is a small, coiled device with titanium clips that surgeons place at the site of a tumor after it has been removed.
BioZorb litigation began in the United States District Court for the District of Massachusetts in November 2022, according to the court docket and Hologic’s quarterly report.
More attorneys began accepting cases after Hologic, Inc. issued a safety notification and alerted health care providers to injuries related to the devices in February 2024.
In October 2024, Hologic initiated a recall and announced it was voluntarily removing all lots of unused BioZorb Markers from the market.
The 3D BioZorb Bioabsorbable Marker was designed to help doctors locate the soft tissue surrounding a tumor site for observation and treatment. The device slowly dissolves in the body over a year or more, but the titanium clips remain as permanent markers.
Lawsuits claim that the BioZorb Marker led to injuries after the device moved to different areas of the body or broke through the skin. Patients experienced a variety of painful issues that sometimes required surgery, like the marker migrating from the breast to the underarm or poking through the skin of the nipple. In some cases, fluid built up around the surgery site, causing painful swelling and tenderness.
Drugwatch can connect you with experienced BioZorb lawyers to help you file a lawsuit for potential compensation. The service and information we provide is always free.
Key Takeaways
- Hologic faces lawsuits claiming its BioZorb device is defective and causes injuries including device migration, erosion or fluid buildup.
- The bulk of BioZorb lawsuits are consolidated in Massachusetts district court.
- Drugwatch can connect you with experienced medical device lawyers handling BioZorb claims.
BioZorb Lawsuit Updates
The bulk of the BioZorb lawsuits remain in Massachusetts District Court under Judge Allison Burroughs. So far, there are about 100 lawsuits pending, according to Hologic’s December 2024 quarterly report. The first trial is scheduled for September 2025.
- February 14, 2025:
- Judge Burroughs scheduled a pre-trial conference for Sept. 8, 2025 ahead of the first trial, Chambers et al. v. Hologic. This conference is designed to help all parties get on the same page about negotiating settlements, reviewing the facts of the case, going over any evidence and exchanging information about witnesses. It also sets deadlines for the exchange of information. The second bellwether test trial for Shirkey et al. v. Hologic, Inc. will be on Jan. 20, 2026 with a fine pre-trial conference for Jan. 6, 2026.
- January 31, 2025:
- Judge Allison Burroughs entered a scheduling order to clarify critical due dates for the first case to go to trial, Chambers et al. v. Hologic. Plaintiffs Denice Chambers, Cynthia Kresh, Joye Rishell, Kimberly Taylor and Katy Wharton originally filed their lawsuit against Hologic in January 2023. The order includes due dates beginning March 24, 2025, and ending with a trial scheduled for Sept. 8, 2025. This case will be the first to go to trial. The outcome could affect future trials and the potential for any future global settlement.
- January 3, 2025:
- Hologic attempted to throw out Plaintiff Joye Rishell’s claims that Hologic failed to warn about BioZorb’s risks, that the device had design defects and that Hologic was negligent. Judge Burroughs rejected the attempt. Rishell had some of her breast tissue removed after receiving a breast cancer diagnosis. She received a BioZorb Marker and had to have it removed after it caused significant pain and broke through her skin.
- October 25, 2024:
- The FDA issued a safety communication on Oct. 25, 2024 alerting consumers, health care providers and health care facilities not to use BioZorb Markers and BioZorb LP Markers. It also informed the public that Hologic issued a voluntary recall to remove all unused BioZorb devices from the market.
- March 13, 2024:
- Hologic issued a voluntary recall of its BioZorb Marker-BioZorb 3D Bioabsorbable Marker in March, and the FDA posted it on May 3, 2024. The FDA classified it as a Class I recall because of the potential for serious injury or death.
- February 27, 2024:
- BioZorb’s maker, Hologic, alerted health care providers to potential risks associated with the implant. Hologic said it received reports of complications associated with the device, including pain, migration, erosion, infection and more.
The BioZorb Recall
Hologic, Inc. issued recalls for BioZorb 3D Bioabsorbable Markers in March and October 2024.
March 2024 Recall
Hologic issued a product correction recall in March. A product correction is a repair, modification, relabeling, destruction or inspection that doesn’t require the device be removed from where they are used or sold. The company sent Medical Device Safety Notifications to its customers on March 14, but didn’t require users to send the device back.
The company received complaints about injuries like pain, infection, rash, device migration, device erosion, seroma, discomfort and other complications from feeling the device in the breast.
October 2024 Recall
The October BioZorb recall removed all unused lots of BioZorb Markers from the market.
According to Hologic, there were 399 complaints out of the 91,531 devices distributed since 2015.
As of October 16, 2024, there were 188 complaints for injuries connected to the device. Hologic said the recall was a precaution to prevent further injuries.
BioZorb Complications & Risks
Most of the information we have on BioZorb complications and risks comes from the FDA. The agency gathered reports from the public to issue its warnings. These reports are voluntary, so there’s no way for the FDA to ensure their accuracy.
Keep in mind that each person is unique and many women do not experience complications. You may have a BioZorb implant and not experience any issues. If you aren’t suffering complications, there is likely no need to have the device removed.
- Device erosion (breaking through the skin)
- Device migration (moving out of position)
- Discomfort
- Infection
- Other complications
- Pain
- Rash
- Seroma (fluid buildup)
Some BioZorb complications may occur in as little as thirty days, while others may occur months or even years later.
Recent Studies on BioZorb Complications
Utilization of BioZorb Implantable Device in Breast-Conserving Surgery (Breast Journal)
In this study, researchers looked at 89 patients who had part of their breast tissue removed after being diagnosed with breast cancer. Within the first 30 days after surgery, three patients (3.3%) got infections that needed antibiotics, and two patients (2.2%) developed abscesses that also required antibiotics. None of these patients had the BioZorb device taken out.
At the nine-month check-up, one patient had the BioZorb move from her breast to her underarm, which required surgery to remove.
Most of the BioZorb Marker is supposed to dissolve into the body in one year or longer. At a median follow-up of just over a year, the BioZorb was still noticeable in 63.6% of patients during clinical exams. Some patients could still feel the device after two and a half years.
Study authors didn’t report any conflict of interest.
Researchers from several hospitals and universities across the country worked together to collect data from 818 patients and examine how well BioZorb performed.
This study didn’t report many complications. At thirty days, four patients had breast infections. Researchers said complications were low overall, and BioZorb was safe. As many as 92.4% of patients were satisfied with the cosmetic appearance of their breasts after BioZorb implantation.
The relatively low rate of serious complications in this study are in contrast to the slightly higher rate in the Breast Journal. This highlights the need for more BioZorb studies.
Study authors didn’t report any conflicts of interest.
Do I Qualify for a BioZorb Lawsuit?
You may qualify to file a BioZorb lawsuit if you received the BioZorb Marker implant and suffered injuries. Each law firm has its own criteria for accepting cases.
- Received a BioZorb implant before Oct. 24, 2024.
- Experienced device erosion, device migration or seroma (fluid buildup).
- Went to a doctor at least once because of these injuries.
Search for a BioZorb attorney with a lot of experience with lawsuits against medical device companies. Experience bringing a case to trial and negotiating a settlement is also important.
Drugwatch’s legal partners can review your case for free, and it’s easy to sign up. We work with top national firms with the resources to litigate against large corporations. Our partners have a proven track record of helping clients seek compensation for medical device injuries.
Mindy Holcomb’s BioZorb Lawsuit
Breast cancer survivor Mindy Holcomb filed a BioZorb lawsuit in November 2024 in Massachusetts. After she had surgery to remove the tumor, doctors also removed some of the tissue from her left breast in August 2021.
At the same time, her doctor implanted a BioZorb Marker. Mindy suffered from pain, device migration and swelling. Ultimately, she had both breasts removed.
Mindy suffered disfigurement, pain and worry because of BioZorb, according to her lawsuit. The experience left her permanently and physically scared. She claims Hologic knew or should have known about the risks but failed to warn physicians and patients.
How to File a BioZorb Lawsuit
It’s best to hire an experienced product liability lawyer to make sure your BioZorb lawsuit is filed and argued properly in court.
- Free Case Review: Consult with an attorney to evaluate your case. They will ask you about your BioZorb experience. They will ask when you had the surgery to implant BioZorb and what kind of injuries you suffered. If the attorney decides to take your case, you will typically sign a retainer agreement. This is a contract between you and the attorney. Remember, until you sign this contract, the attorney does not represent you.
- Gather Evidence: You and your attorney will obtain medical records and other documentation to help substantiate your case. This could include photos and receipts. Sometimes, the attorney will do this before they decide to take your claim.
- File the Complaint: Once your attorney has enough evidence of your BioZorb injuries, they will write and file a formal complaint in the appropriate court. The complaint will detail your injuries and any scientific evidence showing how BioZorb causes these types of injuries.
- Time for Discovery: Discovery is the phase in which your attorney and Hologic’s attorneys exchange information. This includes evidence that may or may not show that Hologic knew BioZorb could cause harm.
- Negotiations and Settlement: This step could happen at any time during the litigation process. It’s your attorney’s job to negotiate a settlement on your behalf if the opportunity arises. If a settlement is available, your attorney will advise you on whether to accept it. Ultimately, it is your decision.
- Trial: If settlement isn’t an option, you may go to trial. Your attorney will walk you through the steps. In complex cases like a BioZorb lawsuit, it may take years for a case to go to trial or settle.
If you want to file a lawsuit, you should speak to an attorney as soon as possible. Depending on the state you live in, you could have as little as one year to file a lawsuit. The time limit to file a case is called a statute of limitations, or SOL.
For product liability cases such as a BioZorb lawsuit, the time limit ranges from one to four years, depending on the state. In most cases, the clock starts ticking when you discover your BioZorb injury. In a few states, it starts ticking when you are injured, even if you don’t know BioZorb might have caused the injury.
What Compensation Can You Receive?
Your BioZorb lawyer will go over all the types of compensation you may receive and how to claim it in your lawsuit.
- Economic Damages: Past and future medical expenses or lost income
- Non-Economic Damages: Pain and suffering, loss of consortium, which is a claim for loss of companionship, affection and love
Unmarried people in a relationship cannot claim loss of consortium. However, some states will allow parents to file a claim for loss of consortium with their child.
I Have a BioZorb Implant, Now What?
You might be wondering how the BioZorb recall affects you. Not everyone who has a BioZorb implant will suffer injury.
We’ve provided some guidance from the FDA as well as community resources. Support groups can be a good place to seek out other people who have BioZorb implants.
- If you have a BioZorb implant and aren’t having problems, there’s no need to remove it unless your provider recommends it.
- If you suffer any BioZorb complications, make sure to talk to your medical provider right away. Together, you can determine the best course of action.
- If you plan to have radiation therapy, make sure to discuss the risks of having radiation treatment with a BioZorb implant with your provider. The FDA hasn’t approved BioZorb as a marker for radiation treatment.
You can also report the problem to the FDA through the MedWatch Voluntary Reporting Form.
Breast Cancer Support Groups
- breastcancer.org: Find emotional support and connect with other breast cancer patients and survivors.
- Susan G. Komen: Links to support groups, information about breast cancer and more.
- Reddit: The r/breastcancer group on Reddit offers emotional support, a place to share stories and community.
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