Warning Claim Trimmed from BioZorb Marker Action

BOSTON — A Massachusetts federal judge has awarded Hologic Inc. partial summary judgment in a case involving its BioZorb marker, ruling that the learned intermediary doctrine bars the failure-to-warn claim because the implanting surgeon testified that a different warning would not have changed her decision to use the device.

However, in the Feb. 14 order, Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts denied Hologic’s motion as to the design defect claim, noting that Hologic’s arguments “re unrelated to the learned intermediary doctrine, and, therefore, they fall outside the limited scope of the summary judgment …