Lawyers Directed To File Status Report on Tepezza Hearing Loss Lawsuit Bellwether Discovery

Parties were supposed to pick several potential bellwether Tepezza hearing loss lawsuits this month, but problems with discovery have led to delays.

The U.S. District Judge presiding over all Tepezza hearing loss lawsuits postponed a status conference originally scheduled for this week, and ordered the parties to submit a joint report to update the Court on what has been a tumultuous discovery process preparing cases for early trial dates.

The litigation includes about 200 product liability lawsuits filed against Horizon Therapeutics, each raising similar allegations that the drug maker failed to warn the medical community and users that the thyroid eye disease medication may cause permanent and irreversible hearing damage.

Although Tepezza infusions were initially expected to be a niche treatment for a limited population of patients, lawsuits allege that Horizon placed a desire for profits before the welfare of consumers by aggressively marketing the treatment without disclosing the risks of Tepezza hearing loss.

Given common questions of fact and law raised in complaints brought throughout the federal court system, a Tepezza MDL (multidistrict litigation) was established in 2023, centralizing claims brought throughout the federal court system in the U.S. District Court for the Northern District of Illinois under Judge Thomas Durkin, who is overseeing coordinated pretrial proceedings.

Early in the MDL proceedings, Judge Durkin established a Tepezza “bellwether” program, where a group of 12 representative cases were selected to go through case-specific discovery and preparations for early trial dates, which are currently scheduled to begin in March 2026.

Plaintiffs selected four of the bellwether lawsuits over Tepezza and hearing loss, with Horizon Therapeutics selecting another four and the Court randomly selecting the final four. The close of fact discovery for the 12 selected cases was set for December 20, 2024, and the parties were expected to propose the first four bellwether trials by January 17, 2025. However, the Tepezza bellwether discovery has gotten heated at times, with lawyers for the drug maker accused of attempting to coach witnesses.

Judge Orders Tepezza Hearing Loss Status Report

Judge Durkin has urged the parties to work together and maintain a tight discovery timeline. However, according to a minute entry (PDF) issued on January 7, a status conference originally scheduled for this week was reset for February 12, 2025.

In a separate docket entry (PDF) issued the same day, Judge Durkin directed lawyers to file a report by February 7, outlining the status of Tepezza hearing loss bellwether discovery.

“The joint status report shall address the progress of bellwether discovery and any issues that have arisen or are likely to arise in connection with that discovery,” the order states.

While the outcome of these early bellwether trials will not have any binding impact on other claims presented in the litigation, they are being closely watched by lawyers involved in the litigation, as the average Tepezza lawsuit payouts awarded by juries are likely to have a large impact on settlement negotiations between the parties.

Leading up to the first trial date, the parties have been directed to participate in a series of Tepezza settlement talks, which are being held every quarter to explore a potential resolution for the litigation.

Following the early trial dates in the MDL, if the parties fail to reach Tepezza hearing loss settlements or another resolution for the litigation, Judge Durkin may begin remanding individual cases to U.S. District Courts nationwide for separate trial dates in the coming years.