Pharmaceutical Litigation Attorneys

In January 2020, after a brief investigation, the Food and Drug Administration approved Tepezza for sale in the United States. This drug treats thyroid eye disease, a rare condition also known as Graves’ disease. Shortly after that approval, which was based on the drug maker’s assertions that Tepezza was safe, evidence of serious side-effects, including hearing loss, came to light.

Despite this revelation, Horizon, Tepezza’s maker, refused to stop selling Tepezza or even warn customers about the elevated risk. Furthermore, the FDA  refused to revoke the special privileges it gave Horizon. The company finally added a warning in early 2023.

What is the lawsuit against Tepezza?

As of August 2023, more than 200 victims have joined the Tepezza lawsuit in Chicago. This legal action claims that Horizon negligently failed to warn consumers about the elevated risk of tinnitus (ringing in the ears) and other serious side-effects, including permanent hearing loss.

The elements of a negligence claim are straightforward; it begins with a legal duty. Horizon and other drug companies have an obligation to warn customers about known side-effects. The warning must be proportional to the hazard. Furthermore, the warning must be based on independent research, as opposed to research the company sponsors.

If a breach of duty, or a failure to adequately warn about side effects, causes injury, the victim is entitled to compensation.

But a negligence claim isn’t the last word in these matters – various legal defenses are available.

Lack of evidence is usually the strongest defense. Several studies show the link between Tepezza and hearing loss, which is why victims filed a Tepezza lawsuit. But admittedly, the evidence is not one-sided. Other studies, including the ones the FDA relied upon during the approval process, conclude that the risk of permanent hearing loss is minimal.

What is the lawsuit about Tepezza side effects?

Tepezza reduces inflammation in eye muscles behind the retina and alters the appearance of the patient’s eyes. This drug also changes ear muscles, causing:

  • Tinnitus: Loud and persistent ringing in the ear might be the worst kind of hearing loss issue. This ringing, which could also be a grinding or another noise, is debilitating to millions of Americans. They simply cannot function because the noise drowns out other sounds.
  • Hypoacusis: This form of hearing loss blocks sound frequencies. For example, a person might be able to hear low tones (like engine sounds) very well, while higher tones (like birds chirping) are inaudible. Like other kinds of hearing loss, hypoacusis has emotional as well as physical effects. Everyday tasks, like talking on the phone, become impossible.
  • Autophony: These victims hear their own voices too loud or echoing in their ears. Autophony also involves the perception in the ears of all the other noises that come from one's body, such as one's breathing and heartbeat. This inner ear disease is very difficult to treat.

Doctors can only manage these conditions if they intervene early. Unfortunately, many victims don’t immediately call the doctor if they have early symptoms. So, by the time doctors begin treatment plans, the Tempezza-induced hearing loss is usually very advanced.

What is the lawsuit against Tepezza hearing loss?

Recently, officials sent all Tepezza failure to warn claims to an Illinois federal district court.

The judge recently overruled a key pretrial motion and green-lighted this case. As the action proceeds, the parties will exchange information about their claims and defenses. Once this process, which is called discovery, is at least substantially complete, a Tepezza lawyer can accurately calculate a claim’s settlement value, which is basically the asking price for a negotiated settlement.

At this point, a professional mediator usually intervenes. Both sides have a duty to negotiate in good faith during mediation, and these negotiation sessions are about 90 percent successful.

If you have questions about a dangerous drug lawsuit, contact us today for a free, no obligation legal consultation. There are no legal upfront fees and we only a recover a fee when we win your case.

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