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- The Real Deal: What Happened With the 2026 BioZorb Settlement?
- BioZorb Settlement FAQs
- Why the 2026 Settlement Didn’t End Every BioZorb Claim
- Who Was Covered by the 2026 BioZorb Settlement?
- Do You Still Have Time to File a BioZorb Claim?
- Do You Qualify for a BioZorb Claim?
- How To Find Out if You Have a BioZorb Claim
- Real Answers About Your BioZorb Claim
If you had a BioZorb marker placed during breast cancer surgery and have only just learned about the lawsuits, you’re probably asking one question: Am I too late?
No, not necessarily. The 2026 BioZorb settlement didn’t end BioZorb lawsuits. And we’re investigating and filing cases right now.
Older articles may make it sound like the lawsuits are over. Here you’ll find a more accurate picture of where things stand, whether you might have a claim, and what to do next.
For more information on the BioZorb lawsuit, schedule a FREE case review with an attorney.
The Real Deal: What Happened With the 2026 BioZorb Settlement?
In 2024, the FDA warned patients and healthcare providers about serious complications involving BioZorb markers. On October 24, Hologic recalled all unused BioZorb and BioZorb LP markers. The FDA later classified that recall as Class I, its most serious category, which means the devices could cause serious injury or death.
Women who reported injuries sued Hologic in state and federal courts in Massachusetts, where the company is based. They alleged that the device was defectively designed, including problems with how it dissolved, and that Hologic failed to adequately warn healthcare providers about its risks.
On January 7, 2026, Hologic signed a settlement agreement resolving the lawsuits brought by roughly 200 women. The cases covered by the agreement were dismissed in June 2026. The individual payments haven’t been publicly disclosed, and Hologic didn’t reveal the settlement amount in its SEC filings.
BioZorb Settlement FAQs
Yes, you may still be able to file a BioZorb lawsuit after the 2026 settlement. That agreement wasn’t a class action settlement, so it didn’t automatically resolve the claims of people who weren’t involved. Whether you have a valid claim is going to depend on your injuries, the laws that apply in your state, and whether your deadline to file has passed.
No. The BioZorb litigation was neither a class action nor a formal MDL. A federal judge coordinated individual lawsuits under Rule 42(a), but the plaintiffs kept separate legal claims.
No. There was no public claims portal for this settlement because it was not a settlement open to the general public. There is nothing to register for.
The amounts haven’t been publicly disclosed, and Hologic didn’t report the total in its SEC filings. Estimates published before the settlement aren’t confirmed amounts.
Why the 2026 Settlement Didn’t End Every BioZorb Claim
Some articles describe the BioZorb litigation as an MDL or class action. It was neither. And that distinction is especially important if you weren’t part of the settlement.
Instead, a federal judge in Massachusetts consolidated the individual lawsuits so the parties could share evidence and avoid repeating the same legal work.
This did not turn the lawsuits into a class action. The cases remained separate. Each plaintiff still had her own claim, her own facts, and her own outcome.
Who Was Covered by the 2026 BioZorb Settlement?
In a class action, a court certifies a class, and a settlement can release the claims of people who never filed anything and may never have heard of the case. That didn’t happen here because there was no class action.
The January 2026 agreement was a private deal between Hologic and the specific women who had already sued and chose to participate. It resolved their claims, not the claims of everyone else who received a BioZorb marker.
The settlement didn’t create a public deadline or claims process for anyone outside the agreement. There’s no public BioZorb settlement portal to register with.
So if you had a BioZorb marker but you weren’t involved in the 2026 settlement and haven’t signed a release, the agreement generally doesn’t prevent you from pursuing your own claim.
Do You Still Have Time to File a BioZorb Claim?
Every state has deadlines for filing product liability lawsuits. These can range from 1 to 6 years, depending on which state’s laws apply and the type of claim. Some states also have additional deadlines that can limit how long you have to sue.
Just as important is when that deadline starts. Some states follow what’s called the discovery rule, which can give you more time if you didn’t know and couldn’t reasonably have known about your injury or what caused it. Other states start the clock when the injury first occurs, even if you don’t yet know the device is responsible.
Some patients lived for years with a hard lump, ongoing pain, or concerning findings on imaging without knowing their symptoms might be connected to BioZorb. Learning about the FDA warnings or recall could be important to their timeline. But neither the date of your surgery nor the date you learned about the recall automatically determines your deadline.
Your medical records, symptoms, and when you learned about a possible connection all help determine whether you can still file. An attorney can review those details to help determine whether you still have time.
Do You Qualify for a BioZorb Claim?
If you had a BioZorb or BioZorb LP marker implanted during a lumpectomy or partial mastectomy and then had complications that required medical attention, you may have a claim. Those could include:
- A second surgery to remove or revise the device
- Migration away from where it was placed
- Erosion or protrusion through the skin
- Infection at the implant site
- Seroma or persistent fluid buildup
- Chronic pain that has not resolved
- Scarring or visible disfigurement
If you have the BioZorb marker but haven’t had any complications, there’s generally no claim to bring. That’s just the real deal, not a brush-off. In addition, the FDA advises against removing the device unless your healthcare provider recommends it. If you have questions or concerns, talk with your doctor.
How To Find Out if You Have a BioZorb Claim
You may not know exactly what device your surgeon used. Your medical records can help you figure that out.
Ask the hospital or surgical center for your operative report and any implant records from the procedure. These should identify the device, its model number, or its unique device identifier (UDI). Look for BioZorb, BioZorb LP, or a part number listed in the FDA’s recall notice.
Also, your mammogram and ultrasound reports may name the marker directly, since radiologists routinely describe it.
If the facility is slow or unhelpful, an attorney can request the records for you.
Real Answers About Your BioZorb Claim
A BioZorb complication can mean more pain, more medical appointments, and more uncertainty after an already difficult experience. If you had a BioZorb marker and any of the complications above, talk to your doctor about your symptoms and treatment options.
When you’re ready, Bernheim Kelley is still investigating and filing BioZorb claims. We can help you understand whether you still have time to file a claim. It costs you nothing to find out.
Contact our experienced team at 617-420-1111 or online today to schedule a FREE case review.
