Hologic Awarded Summary Judgment on Warning Claim in BioZorb Marker Case

BOSTON — A Massachusetts federal judge has awarded Hologic Inc. summary judgment on a failure-to-warn claim in a lawsuit alleging injuries caused by its radiographic marker BioZorb, noting the plaintiff’s surgeon testified that he would have implanted the device even if he had known about the complications listed in an FDA Safety Communication.

In a Feb. 3 order, Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts found the doctor’s testimony satisfies Hologic’s threshold burden at summary judgment.

“If undisputed, this testimony would preclude a jury from finding that Hologic’s alleged failure to warn proximately caused …