Tepezza Lawsuit Updates & News | April 2024

Editorial Team

ConsumerShield

Reviewed By Adam Ramirez, J.D.

Editor

Read in 9 mins

Tepezza hearing loss lawsuits are cropping up around the country. People who had Tepezza injections and subsequently suffered hearing loss or tinnitus may be eligible to bring a product liability lawsuit and get financial compensation.

ConsumerShield’s network of attorneys are monitoring and investigating cases in all 50 states. Here are some of the notable legal updates we’re following:

  1. Tepezza hearing loss class action MDL has seen modest expansion, with only 8 new lawsuits added in the past month, raising the total to 101 cases. Since its establishment in August 2023, when there were 54 pending lawsuits, growth has been slower than anticipated.

  2. Significant updates have been made to the Tepezza litigation process:

    • Twelve bellwether cases will be chosen, starting with four selected randomly. Replacements are planned if necessary.
    • Parties have clarified their stance on Lexecon waivers, which decide if a trial proceeds in the MDL court.
    • Horizon has specific deadlines to file motions for dismissing any of the initial bellwether cases.
    • Deadlines are set for submitting Plaintiff Fact Sheets for the chosen initial bellwether cases and any replacements.
  3. As of March 1, 2024, the Tepezza hearing loss MDL recorded a significant spike in activity, with 19 new cases added in the past month alone. This surge brings the total to 93 pending cases, representing the largest monthly increase since the MDL's establishment.

  4. The Tepezza hearing loss class action MDL has seen minimal growth, with only 33 new cases added since its inception six months ago. Remarkably, no new cases were filed in the last month.

  5. The Tepezza hearing loss class action Multi-District Litigation (MDL) has seen a slight rise in the number of pending cases:

    • Current Case Count: There are now 74 pending cases in the MDL, reflecting an increase of 3 new cases since mid-December.
    • Anticipated Growth: A significant increase in cases is expected next month, following a recent wave of new filings.
  6. In the ongoing Tepezza hearing loss litigation, a joint request for an extension has been made by both plaintiffs and defendants. The specifics of this request include:

    60-Day Extension: Both parties have approached the judge with a request for a 60-day extension in the process of selecting cases for the initial bellwether trials.

    Reason for Extension: The need for more time is attributed to the requirement for a comprehensive review of medical records and relevant documents.

    Importance of Careful Selection: The decision to seek an extension stems from the understanding that choosing the right bellwether cases is crucial. Both sides are keen on conducting a detailed examination of the case inventory to ensure the most representative cases are selected for these initial trials.

    This request reflects a mutual recognition of the importance of bellwether trials in shaping the course of the litigation and the desire to proceed with the most informed and strategic choices.

  7. In the Tepezza class action lawsuit, frustration is mounting among plaintiffs due to the lack of significant discovery against the defendant, despite an initial Case Management Conference (CMC) held on June 28, 2023. Key developments include:

    Stalled Progress: Over six months since the first CMC, there has been no substantial discovery activity, leading to growing impatience among plaintiffs.

    Defendant's Request to Delay: The defendants have proposed postponing an upcoming status conference, arguing there are no pressing matters for the court to address. This move has been met with criticism from plaintiffs who see deadlines and court appearances as crucial to advancing the litigation.

    Plaintiffs' Call for Action: In response, plaintiffs’ lawyers have filed a motion emphasizing the need for court hearings to address outstanding issues and guide future actions. They argue that any further delay will only continue the slow pace of the MDL.

    Comparison with Other MDLs: The Tepezza case is noted to be significantly behind other MDLs in the same district in terms of procedural orders, agreed-upon terms, and discovery progression.

    Urging for Scheduled CMC: The plaintiffs are advocating for the scheduled CMC to proceed as planned to facilitate prompt resolutions, establish firm deadlines, and initiate the discovery process, emphasizing the importance of these steps in moving the litigation forward effectively.

  8. The Tepezza hearing damage class action Multi-District Litigation (MDL) now has a total of 71 pending cases, marking an increase of 12 cases since last month. This growth represents a significant rise in new case volume for the MDL, indicating an uptick in legal actions related to Tepezza.

  9. At the onset of the discovery phase in the Tepezza hearing loss MDL, plaintiff attorneys have raised concerns about Horizon's initial discovery methods. Their submission to the court outlines several issues, potentially foreshadowing a major legal clash in this unfolding litigation.

  10. A recent case added to the Tepezza hearing loss Multi-District Litigation (MDL) involves a middle-aged woman from Florida who was treated with Tepezza for thyroid eye disease. Between August 2022 and April 2023, she received a series of Tepezza infusions, after which she experienced permanent hearing loss and persistent ringing in her ears. The woman has directly filed her lawsuit in the MDL, accusing the manufacturer of Tepezza of negligence for not adequately warning about the potential hearing loss risks associated with the medication. This case adds to the growing number of claims against the Tepezza manufacturer for alleged failure to inform about such significant side effects.

  11. The Tepezza class action Multi-District Litigation (MDL), established three months ago, is witnessing a steady and promising progression. In these initial months, five new cases have been methodically added, bringing the total to a carefully managed 59 pending cases. This gradual growth reflects a thoughtful and thorough approach to the MDL's development, ensuring each case receives the attention and consideration it deserves.

  12. Judge Durkin has rendered a decision allowing Horizon Therapeutics to be held accountable for not developing a safer version of Tepezza prior to seeking FDA approval. The ruling states that federal laws do not protect the company from pre-approval design defect allegations. Horizon's defense, citing impossibility preemption, was dismissed for the period before FDA approval, as the company had the chance to comply with both federal and state safety standards. This ruling paves the way for further legal examination into the possibility of a safer drug alternative and the likelihood of FDA approval for such a product.

    The pathway for Horizon to resolve this matter is through fair settlement offers to those affected by Tepezza. The judge's dismissal of Horizon's motion indicates that any hopes to terminate the litigation at this early stage were overly optimistic, a fact likely recognized by Horizon's legal team upon filing the motion.

  13. The judge presiding over the Tepezza MDL has set forth a structured procedure for identifying bellwether trial candidates through a recent Case Management Order. A collective pool of 12 cases is slated for selection, with the plaintiffs and defense each choosing 4 cases. An additional 4 cases will be chosen at random to complete the pool. These 12 cases will undergo a comprehensive fact discovery phase to glean deeper insights into each case. Following this phase, a subset will be chosen to advance to the bellwether trials. This methodical approach is a significant step in progressing towards trial and potential resolutions within the MDL.

  14. A phone conference has been set for November 1, 2023, at 9:00 a.m. to deliberate on the bellwether approach in the Tepezza class action case. Although MDL class actions typically progress at a gradual pace from the viewpoint of the affected parties, the pace of the Tepezza lawsuits is commendable and has met expectations to date.

  15. The recent Tepezza status conference saw a steady progression, albeit without major revelations. Both parties are actively discussing the bellwether protocol, and we anticipate clarity on this front soon. Such discussions are encouraging given the relatively early stage of the litigation. Importantly, trial dates often act as catalysts for settlements in class action cases. On the discovery front, while the defendant has provided a list of document custodians, specific date ranges and search terms for electronic discovery remain to be finalized.

  16. The newly established Tepezza hearing loss class action MDL witnessed no new case transfers over the past month, a common occurrence for fledgling MDLs during their initial months. Given the relatively moderate potential plaintiff pool, expectations are set for a gradual increase rather than large surges in case numbers, ruling out the likelihood of this MDL receiving 1,000 new cases in a month.

  17. The imminent status conference, initially slated for tomorrow and mandated by Judge Durkin to be an in-person event for all counsel, has been deferred to the following week. The rescheduled conference is now set for October 19, 2023, with the same prerequisite for in-person attendance.

  18. Within the fresh Tepezza class action MDL, Judge Durkin has organized the inaugural significant status hearing on October 12, 2023. This session is anticipated to conclude with Judge Durkin's ruling on a prior contention between the parties concerning the protocol and materials for electronic discovery. The hearing, scheduled for 10:30 am, requires all counsel to be present physically.

  19. The current count of pending cases in the Tepezza class action MDL stands at 54, a slight rise from the 41 cases recorded in June. This modest growth is standard, considering the litigation's recent inception, as most MDLs experience a growth spurt around 5-7 months post the initial case consolidation.

  20. The previously stalled acquisition of Horizon Therapeutics by Amgen Inc., a biopharmaceutical titan, is back in motion following an agreement with the FTC. The $27.8 billion deal means Amgen will take on all liabilities for the Tepezza hearing loss claims, a positive development for plaintiffs due to Amgen's substantial financial resources potentially ensuring a more substantial settlement pool.

  21. The opposing parties in the Tepezza class action MDL have recently put forward their bellwether trial proposals. The plaintiffs' proposition recommends selecting 6 cases (3 by each side) as an initial batch of bellwether candidates, followed by a concise, case-specific discovery phase, after which half will be chosen for the preliminary bellwether trials. The defense's proposal parallels this, albeit advocating for an expanded initial pool of 10 cases. Both suggestions endorse a relatively expedited process.

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