U.S. District Court for the District of Massachusetts in Boston. Credit: GoogleBreast Cancer Patient's Negligence Claims Cleared to Proceed Against Recalled BioZorb Marker
The court concluded genuine issues of material fact existed regarding whether an advanced warning of the alleged risks of a device used in treating breast cancer would have deterred the plaintiff's doctor from using the device on her.
January 07, 2025 at 02:46 PM
5 minute read
Negligence claims are moving forward against a medical technology company after a federal judge in Massachusetts determined questions remain regarding whether the company failed to warn of potential risks regarding a device used to treat breast cancer.
In a Jan. 3 opinion, U.S. District Judge Allison D. Burroughs for the District of Massachusetts denied the defendant's summary judgment motion regarding plaintiff Joye Rishell's claims for negligent failure to warn, negligent design defect and negligence against Hologic. Rishell accused the company of negligently designing, manufacturing and marketing the BioZorb device. The device is used to assist in radiation treatment of breast cancer by identifying breast tissue surrounding the excised cancer tissue to target radiation therapy and "consists of a spiral-shaped bioabsorbable spacer that holds six titanium clips," the opinion stated.
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