Horizon Defeats Bellwether Suit Over Teppeza Hearing Loss Claims

Horizon Therapeutics USA Inc. on Monday convinced a federal judge to dismiss one of twelve bellwether cases over its thyroid eye disease treatment Tepezza, because Michigan law shielded the drugmaker.

Although the lawsuit was filed in federal court in Illinois, the plaintiff received the treatment in Michigan and alleged she experienced permanent hearing loss there as a result of the Tepezza infusions. Under Illinois choice-of-law rules, the court had to determine whether to apply Michigan’s statute prohibiting product liability actions against manufacturers of FDA-approved drugs, which was in effect at the time of the injury but has since been repealed. ...