Lawyers Ordered to Update on Tepezza Bellwether Discovery

Lawyers Ordered to Update on Tepezza Bellwether Discovery

Introduction

The U.S. District Judge overseeing all Tepezza hearing loss lawsuits has postponed a scheduled status conference and instructed the involved parties to submit a joint report detailing the progress of discovery efforts.

Allegations against the company

These lawsuits, approximately 200 in total, allege that Horizon Therapeutics failed to adequately warn patients and healthcare providers about the risk of permanent and irreversible hearing loss associated with Tepezza, a thyroid eye disease medication.

Profits over patients

Initially marketed as a specialized treatment for a limited population, Tepezza became widely prescribed due to aggressive marketing by Horizon. Plaintiffs claim the company prioritized profits over patient safety by not disclosing the risk of hearing damage linked to the drug.

MDL in the U.S. District Court for the Northern District of Illinois

In 2023, the federal court system centralized the Tepezza litigation into a multidistrict litigation (MDL) in the U.S. District Court for the Northern District of Illinois. This centralization allows for coordinated pretrial proceedings due to the common legal and factual issues among the claims.

12 representative cases selected

The judge implemented a bellwether trial program early in the MDL process, selecting 12 representative cases for focused discovery and preparation. These trials, scheduled to begin in March 2026, aim to provide insight into how juries may respond to the evidence and legal arguments presented. Four cases were chosen by the plaintiffs, four by Horizon Therapeutics, and four were selected randomly by the court. Fact discovery for these cases is set to close by December 20, 2024, with proposals for the first trials due by January 17, 2025.

Status conference rescheduled for February 12, 2025

However, the discovery process has faced challenges, including accusations that Horizon’s legal team attempted to coach witnesses. The judge has emphasized the importance of collaboration and adherence to the established discovery timeline to avoid further delays. As part of these efforts, the status conference has been rescheduled for February 12, 2025, and a joint status report on the progress of bellwether discovery is required by February 7. This report must address current progress and any anticipated issues.

While the outcomes of the bellwether trials will not directly bind other cases in the MDL, they are expected to influence the broader litigation. Jury verdicts in these early cases will provide a benchmark for potential settlement negotiations. Both parties are engaged in quarterly settlement talks to explore a resolution before trials begin.

If no settlement is reached after the bellwether trials, the judge may begin remanding individual lawsuits to district courts nationwide for separate trials. This process could extend the litigation for several years.

The Tepezza lawsuits are being closely monitored by attorneys and plaintiffs, as the results of these proceedings will likely impact settlement discussions and the handling of similar cases in the future.