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.