Hologic Denied Summary Judgment on BioZorb Warning Claims

BOSTON – A Massachusetts federal judge has denied Hologic Inc. summary judgment on failure-to-warn claims asserted by three plaintiffs who allege they were injured by its implantable radiographic marker BioZorb, finding there are questions of fact as to whether their surgeons would have recommended the device had they been presented with different warnings.

But in the Sept. 26 order, Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts awarded Hologic summary judgment on one plaintiff’s warning claims, ruling that she failed to produce evidence that her surgeon would not have used the device had Hologic provided …