MDL Judge Dismisses Tepezza Hearing Loss Bellwether Discovery Complaint

CHICAGO — A federal judge has dismissed a Michigan resident’s bellwether discovery complaint against Horizon Therapeutics USA Inc. in the Tepezza hearing loss MDL, ruling that the plaintiff should have filed her action in Michigan, where her alleged injury occurred, rather than in Illinois.

However, in the Oct. 28 order, Judge Thomas Durkin of the U.S. District Court for the Northern District of Illinois refused Horizon’s request to choose a replacement bellwether case, noting the parties have already agreed that if a bellwether case is resolved on the merits under Rule 12, it “shall not be replaced.”

There are …