BioZorb Judge Denies Motion to Reopen Discovery Based on Recall, Warning Letter

BOSTON — The judge overseeing cases alleging injuries caused by Hologic Inc.’s radiographic marker BioZorb has refused to reopen discovery to allow two bellwether plaintiffs to depose their doctors regarding an October 2024 FDA recall and December warning letter, deeming the request untimely.

In a Feb. 3 docket note, Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts noted that plaintiffs’ motion “comes more than three months after the recall was issued, shortly after or on the precipice of summary judgment rulings and after some of those still pending rulings were discussed in open court, and …