Ozempic Lawsuit

Our lawyers are investigating Ozempic lawsuits for patients with gastroparesis or gastrointestinal conditions, including bowle obstruction, or cyclic vomiting syndrome.

Ozempic is the popular brand name for semaglutide, a prescription drug approved for the treatment of type-2 diabetes. Ozempic is also commonly used as a weight management drug. Recent scientific studies have shown that taking Ozempic, particularly at higher doses, can cause gastroparesis.

Until recently, the warning label for Ozempic did not correctly notify patients or doctors about the risk of these injuriees. Anyone who suffered gastroparesis after taking Ozempic may be able to get financial compensation for their injuries by filing a product liability lawsuit.

There are now lawsuits involving Ozempic, Rybelsus, Wegovy, Trulicity, and Mounjaro that, as of February 2024, is an MDL class action lawsuit.

If you have an Ozempic gastroparesis lawsuit, call our lawyers today at 800-553-8082 or reach out to us online for a free consultation.

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Ozempic Lawsuit Updates

Our Ozempic lawyers are committed to bringing you the latest updates on this litigation. This is the latest Ozempic lawsuit news. Come back frequently.  Our attorneys are constantly updating this page to bring you the latest news.

April 16, 2024: In a filing yesterday in the Ozempic class action lawsuit, the plaintiffs’ attorneys push back on the claim in Defendants’ Position Statement that their marketing and novel treatment approach for obesity and diabetes relieve them from certain legal responsibilities. The filing emphasizes that despite the transformative impact of GLP-1 receptor agonist drugs on treatment, this does not exempt the defendants from the obligation to adequately warn prescribers of the potential severe risks associated with these drugs. The plaintiffs argue that, instead, the widespread use of these drugs only heightens the necessity to inform about their serious side effects.

Ozempic is a failure to warn case at the end of the day. Plaintiffs’ Ozempic attorneys criticize the drug labels for not adequately warning of potential severe injuries related to the drugs, despite ongoing use and reported adverse effects. It points out that the safety of these GLP-1RA drugs is questionable due to the lack of long-term safety studies, which is what we have been preaching in these updates.  The longest study of these drugs only extended to two years.  This situation is exacerbated by a significant portion of users discontinuing the drugs due to injuries or other factors.

Further legal arguments revolve around the methods of establishing causation for the injuries claimed. The plaintiffs refute the defendants’ proposal to rely solely on a gastric emptying study for determining causation, advocating instead for the use of differential diagnosis. This method, supported by many physicians, evaluates all potential causes and excludes unlikely ones, thus isolating the drug as a likely contributor to the condition.

Moreover, the plaintiffs oppose the defendants’ attempts to prematurely dismiss claims or limit the tests for proving causation to overly restrictive methods. They argue that such approaches do not adequately consider individual patient histories or the clinical judgments of their doctors, which are crucial for a fair trial.

This filing also critiques the defendants for understating the severity of potential drug-induced conditions like ileus and bowel obstruction, which can be much more severe than the defendants acknowledge. The filing concludes by underscoring the necessity of a fair and comprehensive discovery process in the litigation to ensure all claims are adequately considered and adjudicated.

April 10, 2024: All the energy in the Ozempic litigation right now appears to be drained by one lawyer who apparently is mad – really mad – she is not a part of leadership.  She is filing motions saying the lawyers in the lead are not controlling the litigation. Her money quote is, “The record reflects that proposed leadership, simply put, is losing control of the very litigation they attempted to seize control of” (which, honestly is not really the case).

The Ozempic attorneys in leadership have filed a response calling her “admittedly inexperienced”, a little bit of a cheap shot.

It is all nonsensical drama. In the end, it really does not matter, but it would be good if the attorneys in leadership could focus their energies on advancing the ball in this litigation.  The defense lawyers are just pulling out popcorn and the whole thing is not a good look for anyone.

We give more background in the April 4th update below.

April 5, 2024: We have been talking to clients calling with an Ozempic lawsuit long enough to understand the injuries victims suffer that will define this litigation.  There are three main types of injuries, all involving Ozempic’s impact on the digestive system’s function in moving and processing food and waste:

Gastroparesis

Gastroparesis stands out as the signature injury in the Ozempic litigation. It disrupts your regular, spontaneous muscle movements (motility) in your stomach. With gastroparesis, your stomach’s motility slows down or stops entirely, hindering proper stomach emptying.

You would not wish severe gastroparesis on anyone.  It causes symptoms like nausea, vomiting, feeling overly full after eating little, weight loss, abdominal bloating, and pain.

Ileus

The ileus represents a temporary, often reversible halt in bowel motility, leading to an accumulation of digestive materials and gases that can’t move through your intestines as they should. This results in symptoms like abdominal bloating, pain, nausea, vomiting, and the absence of bowel movements or flatulence.

Ileus might develop following abdominal surgery from an infection, certain medications, or other medical conditions. The focus of treatment is usually on addressing the root cause, giving your bowel a rest – such as by avoiding food and drink temporarily –  and possibly using medications to encourage bowel movement.

Ozempic lawyers are less excited about these cases, to be honest. Why?  Permanent injuries will drive Ozempic settlement amounts.  Illeus is awful but usually reversible.

Bowel Obstruction

Bowel obstruction occurs when a part of your intestine becomes blocked, either partially or wholly. This intestinal blockage can stop food, fluids, and gas from moving through your intestines as they normally would.

Bowel obstruction is serious and often requires immediate medical attention to prevent severe complications. Treatment options may include intravenous fluids, putting your bowel at rest, and often surgery to clear the obstruction.

April 4, 2024: There is a bit of a dispute among plaintiffs’ lawyers as to be who should be in the Ozempic lawyers leadership.  Specifically, one firm wants a larger seat at the table.  That law firm has criticizes the process for being unfair and non-transparent, suggesting it didn’t allow for adequate consideration of all interested attorneys who wished to apply for a leadership position.

The good news is that the Ozempic lawyers in leadership are good attorneys who we all expect will be able to lead this litigation to a successful settlement for the victims.

April 2, 2024: When the Ozempic class action MDL was created in February, there were a total of 55 cases consolidated in the Eastern District of Pennsylvania. As of April 1, 2024, the number of pending Ozempic cases in the MDL has grown to 74. Just based on the widespread use of Ozempic recently, our lawyers are expecting this number to grow significantly.

March 18, 2024: Some content for the efforts to promote Ozempic.  In 2022, Novo Nordisk allocated $11 million towards covering meals and travel expenses – just meals and travel –  for physicians as a strategy to market Ozempic and its portfolio of diabetes medications that facilitate weight loss. This expenditure covered over 457,000 meals for nearly 12,000 doctors and included trips to international and domestic destinations such as London, Paris, Orlando, and Honolulu.

This is so insane that the President and CEO of the Alliance of Community Health Plans criticized Novo Nordisk’s expenditure on doctor meals as “outrageous.” He argued that the funds utilized to market its medications to doctors could be more effectively invested in advancing research on the drug’s potential side effects and long-term efficacy. He referenced studies from spring 2023 indicating… a heightened risk of intestinal obstruction associated with the use of GLP-1 RA medications. This has been our point all along.

March 15, 2024: Yesterday was the first status conference in the Ozempic class action lawsuit. Attorneys for Novo Nordisk and plaintiffs alleging that the pharmaceutical company failed to adequately warn users about the side effects of Ozempic and similar drugs convened for their initial case management conference in a Pennsylvania federal court.

The conference aimed to address organizational and procedural aspects of the case, including leadership structure for the plaintiffs, motion practice, and the development of fact sheets.

The plaintiffs and defendants are represented by multiple law firms, indicating a complex litigation involving numerous parties. The case involves allegations against GLP-1 receptor agonist medications, with claims surrounding issues like inadequate warning, design defects, and various other legal claims. A significant portion of the discussion focuses on organizing the plaintiffs’ representation to streamline the litigation process, including appointing a leadership team comprising a lead counsel, liaison counsel, an executive committee, and a steering committee.

The court and the parties discussed the importance of setting up a process for filing motions, particularly motions to dismiss, that would apply across potentially thousands of cases to make the litigation manageable. Both sides express a willingness to work together on a process that allows for the efficient handling of these motions, recognizing that resolving key legal issues early on can significantly impact the direction of the case.

Another key point of discussion at this first Ozempic status conference was the development of plaintiff fact sheets, which both sides agree are crucial for exchanging information about the use of the drugs in question and the injuries alleged. The negotiation around these fact sheets is ongoing, with an emphasis on providing proof of drug use and proof of injury to the defendants as quickly as possible.

Eighteen lawsuits have been consolidated in the US District Court for the Eastern District of Pennsylvania, with Judge Gene E.K. Pratter overseeing the multidistrict litigation. An additional 37 lawsuits are pending consolidation. Most of these are Ozempic lawsuits focused on the failure to warn of the risk of gastroparesis. This condition impairs stomach contractions and digestion, leading to severe symptoms like nausea and dehydration.  Of course, as we have talked about, this litigation also covers other glucagon-like peptide 1-receptor agonists like Wegovy, Mounjaro and Trulicity.

There is no case management order as of yet.  Most of the court orders have been admitted out-of-state Ozempic lawyers on both sides to participate in the litigation.

February 29, 2024: This class action lawsuit will get rolling on March 14, 2024, at the first status conference.  This will be the first real chance to get a feel for how U.S. District Judge Gene E.K. Pratter will approach this litigation.

February 20, 2024: One of the recurring themes is that we do not know enough about these drugs.

Here is a new example. A recent study has identified a “significant association” between the use of contemporary weight loss and diabetes medications, specifically glucagon-like peptide-1 receptor agonists such as Ozempic, Mounjaro, and Wegovy, and the occurrence of psychiatric side effects.

February 12, 2024: Ozempic lawsuits are begin filed in New Jersey state court and the new MDL.  In a recently filed claim, Tinsley v. Novo Nordisk, the plaintiff brings a lawsuit under the New Jersey Products Liability Act.  Her lawsuit alleges that due to her use of Ozempic, she suffered a gallbladder injury, necessitating the surgical removal of her gallbladder on February 2, 2022.

February 8, 2024: New research indicates that individuals using widely recognized GLP-1 receptor agonist medications, including Ozempic, Wegovy, and Mounjaro greatly benefit patients.  However, many patients may encounter a heightened likelihood of experiencing gastrointestinal issues such as nausea, vomiting, and other digestive disturbances. The concern is particularly noted for higher doses of the drug, suggesting that while Ozempic and these other drugs are effective, their administration needs careful consideration regarding dosing to minimize side effects.

Interestingly, Mounjaro emerged as the most potent GLP-1RA in enhancing glycemic control by reducing hemoglobin A1c and fasting plasma glucose levels.

February 5, 2024: We have a new Ozempic class action lawsuit.  The MDL Panel has directed that federal court lawsuits concerning Ozempic and similar medications be consolidated under a federal judge in Philadelphia.

Novo Nordisk and Eli Lilly to move the cases to alternative jurisdictions like North Carolina or California. The Panel said no, pointing out that a significant portion of these lawsuits, at least 13 out of 55, are already situated in the Eastern District of Pennsylvania, close to Novo Nordisk’s headquarters in New Jersey.

Our Ozempic lawyers expect to see thousands of these lawsuits in the next year.  The core of every Ozempic lawsuit will be that these companies failed to adequately warn users about the risks of gastroparesis, a condition causing stomach paralysis, associated with their GLP-1 receptor agonist drugs like Ozempic, Mounjaro, Wegovy, Trulicity, and Rybelsus. Yes, the drug labels mention gastrointestinal side effects. But the problem is the labels significantly underplay the severity and risks of stomach issues.

The big decision the Panel made that was up for honest debate was whether Eli Lilly would stay in the MDL. The court decided to throw all of these diabetes and diet drugs in this MDL.

February 1, 2024: We should get a ruling from the MDL Panel in a few weeks.  Will there be an Ozempic-specific MDL, or are we going to throw all of these drugs together?  That is the big question.

January 27, 2024: Judge James D. Cain Jr. ruled that Novo Nordisk AS and Novo Nordisk North America Operations AS have sufficient ties to Louisiana to permit jurisdiction over these companies in an Ozempic lawsuit.

This is not a huge deal because US-based Novo Nordisk entities and Eli Lilly are huge companies that can quickly fund Ozempic settlement amounts and jury payouts.  These entities are printing money selling Ozempic.

January 12, 2024: A federal judge in Louisiana has denied a woman’s request to modify her claim of breach of express warranty against Novo Nordisk Inc. The judge ruled that the 30 days for amending her claim regarding the diabetes drug Ozempic has expired.

Like many Ozempic lawsuits, the case involves a plaintiff who alleges that she developed gastroparesis after using Ozempic for over a year.

Our Ozempic lawyers update this page. Frequently. We will be giving you important and not-so-important updates on the Ozempic litigation.

File this one under the not-so-important updates. You want to keep as many counts in a complaint alive as possible. But no jury would have found against Novo Nordisk on every count but would have found for them on the express warranty claim.

January 8, 2024: A new 2024 study in the journal Nature contradicts concerns raised by an FDA report about potential suicide risks associated with certain weight loss and diabetes medications. The FDA was concerned about cited 201 instances of suicide or suicidal ideation related to glucagon-like peptide-1 (GLP-1) receptor agonists, a class of drugs that includes Ozempic and Mounjaro in a quarter report. This new study found no increased suicide risk in patients using these medications. In fact, it suggested that patients on these drugs were less likely to attempt suicide compared to obese patients not taking them.

I have no idea if these drugs cause suicide, although this new study is encouraging.  What I do know is that we know way too little about the side effects of Ozempic and Mounjaro.

January 6, 2024:  We have updates on the path to a Mounjaro and Ozempic class action lawsuit.

Novo Nordisk (Ozempic) supports the consolidation, citing the shared factual, scientific, and legal issues among the 41 suits filed in 17 federal courts. They suggest the Western District of Louisiana or the Southern District of California for the proceeding.

But the defendants are not on the same page.  (Let’s hope it stays that way.) Eli Lilly (Monunjaro) opposes being included in the combined litigation, arguing that most cases focus on Novo Nordisk’s Ozempic, particularly its use for weight loss, a claim not associated with Lilly’s products, Mounjaro and Trulicity, which are approved for type 2 diabetes treatment, not weight loss.  (Of course, that does not mean doctors have not prescribed these drugs for weight loss. )

Lilly also contends that only 10 cases involve its products and proposes that the suits should be sent to the Southern District of Indiana or the Middle District of North Carolina if included.

January 1, 2024:  In a recent Ozempic lawsuit filed in Louisiana, a patient alleges severe health issues, including extreme vomiting and tooth loss, due to diabetes drugs Ozempic and Mounjaro, produced by Novo Nordisk A/S and Eli Lilly & Co. The defendants, Novo Nordisk, and its North American operations contest the jurisdiction of the Louisiana court, arguing the lack of substantial connection between them and the state. They claim that the lawsuit fails to establish their incorporation, principal business operations in Louisiana, or significant interactions with the state. Furthermore, the lawsuit does not explicitly allege any targeted conduct by the companies toward Louisiana, nor does it detail the plaintiff’s prescription history, marketing exposure, or injury occurrence related to the state.

The case also involves U.S.-based subsidiaries of Novo Nordisk and Eli Lilly. The plaintiff seeks to consolidate federal cases involving these medications into one multidistrict litigation. As we have been reporting, the JPML Panel will decide on this issue in January, although we think they will likely create an Ozempic class action lawsuit.

December 11, 2023: A federal judge in Louisiana has partially denied Novo Nordisk Inc.’s request to dismiss a lawsuit alleging inadequate warnings about the side effects of the diabetes drug Ozempic, specifically gastroparesis.  As we have been telling you, the warnings case is critical to any Ozempic lawsuit.

The judge dismissed claims of breach of express warranty but allowed other claims to proceed.  The judge also noted the complaint’s claims about inadequate warnings for physicians under Louisiana’s learned intermediary doctrine. The ruling did not address similar claims against Eli Lilly & Co.’s drug Mounjaro, with a decision on that still pending.

December 5, 2023: European regulators, specifically the European Medicines Agency (EMA), are investigating to determine if there’s a link between the use of certain diabetes and weight loss drugs, including Ozempic, Wegovy, and other glucagon-like peptide-1 (GLP-1) receptor agonists, and an increased risk of suicidal thoughts and self-harm.

Our Ozempic lawyers are drilled down on lawsuits for patients suffering from gastroparesis or gastrointestinal disorders, such as gastroparesis or cyclic vomiting syndrome. We have no idea if there is a correlation between suicide and Ozempic. But this question underscores that we do not know much about these drugs.  We also know historically drug companies are loathe to admit a correlation between suicidal ideation and actions and a blockbuster drug.

December 1, 2023: As we told you to expect, a motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) by a group of plaintiffs, seeking to centralize all federal gastroparesis lawsuits related to Ozempic, Wegovy, Mounjaro, and similar GLP-1 receptor agonist drugs. The motion proposes that pretrial proceedings be consolidated under U.S. District Judge James D. Cain, Jr. in the Western District of Louisiana.

So is this an Ozempic class action lawsuit?  Sort of.  An MDL and a class action are technically different legal processes. In an MDL, individual lawsuits with common issues are consolidated for pretrial proceedings like evidence gathering, but each case remains separate and may return to its original court for trial.

In contrast, a class action treats a group of plaintiffs as a single entity, and the outcome of the case applies to the entire class. Despite occasional interchangeable use in conversation – our lawyers use them interchangeably – they are distinct in their legal structure and implications.

There are 18 cases pending across various U.S. District Courts. But that is just the beginning.  These drugs are huge.  It is hard to imagine an MDL will not be created.

November 14, 2023: See our latest video on the Ozempic Lawsuits.

November 7, 2023: The Canadians are joining in now.  Novo Nordisk is contending with a class action lawsuit in Canada over allegations that the pharmaceutical company did not provide sufficient warnings about the potential for gastroparesis caused by its drug Ozempic, a condition that, of course, mirrored lawsuits here.

October 6, 2023: This new study will fuel many victims to file an Ozempic lawsuit in 2023. Expect to see a lot more Ozempic lawyers ads this fall, too.

This study was released Thursday in the Journal of the American Medical Association. The data suggests that individuals using popular weight loss medications, like Ozempic or Wegovy, might have a heightened risk of experiencing severe gastrointestinal issues. This is even more evidence of a potential association between weight loss drugs known as GLP-1 agonists and such stomach-related risks. The drugs in Ozempic and Wegovy contain semaglutide, while Saxenda contains liraglutide. Novo Nordisk produces both medications.

September 29, 2023: Yesterday, the FDA updated the Ozempic label to include a cautionary note regarding a heightened risk of ileus. This condition obstructs the passage of food or fluid through the colon. Can we all agree that we do not know all the risks associated with Ozempic in 2023?

On September 28, 2023, the US Food and Drug Administration (FDA) updated the Ozempic label to include a cautionary note regarding a heightened risk of ileus. This condition obstructs the passage of food or fluid through the colon.

July 25, 2023: Newly released evidence has revealed that using Ozempic or Wegovy for weight loss can cause severe gastrointestinal conditions, including gastroparesis (paralysis of the stomach) and cyclic vomiting syndrome. Both conditions have been linked to prolonged use of Ozempic and Wegovy at the high doses commonly used for weight loss. These are debilitating conditions that can be permanent and have a severe impact on the patient’s life.

July 12, 2023: As the talk of potential Ozempic litigation heats up, you see more concern in the medical community about Ozempic (and Wegovy).

The latest is the American Society of Anesthesiologists (ASA) now advises against the use of medications like Ozempic before elective surgery. This caution stems from an increased risk of vomiting and aspiration during anesthesia. The warning, forming part of the ASA’s new guidance, comes in light of a significant rise in the usage of these drugs.  Our lawyers do not deny this drug may have benefits – perhaps great benefit – for some people.

But the larger question – that will be central in an Ozempic lawsuit – is what the real risks of this class of drugs are, and have doctors and patients been adequately warned of these risks?   With respect to gastroparesis, our lawyers would tell you yes.  But there may be other risks and complications that have not been thoroughly investigated.

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 Ozempic

Ozempic (generically known as semaglutide) is a prescription medication that is used in the management of type 2 diabetes. Ozempic is part of a class of drugs known as glucagon-like peptide-1 (GLP-1) receptor agonists. GLP-1 is a hormone in the body that gets released in response to food intake and helps regulate blood sugar levels.

There is also evidence that Ozempic can induce weight loss in people with obesity, even those without diabetes.  Ozempic is approved for the management of type-2 diabetes. Recently, however, doctors have prescribed Ozempic to treat obesity and for weight management.

Ozempic is manufactured by the Dutch pharmaceutical company Novo Nordisk, which focuses primarily on the development and sale of diabetes drugs. Ozempi

c was first developed by Novo Nordisk in 2012, and it was approved for use by the FDA and released on the U.S. market in December 2017. In 2021, a higher-dose version of Ozempic (sold under the brand name Wegovy) was approved by the FDA.

Ozempic (and other GLP-1 drugs) work by stimulating the production of insulin after meals.  GLP-1 is a naturally occurring peptide in the body that helps control blood sugar levels. GLP-1 agonists mimic the effects of this peptide, making them useful in the treatment of type 2 diabetes.

So this drug helps to reduce blood sugar to normal levels. Ozempic also slows down the digestive process, which also helps to maintain normal glucose levels. Ozempic is administered as a once-weekly injection with a minimum dosage of 0.25 mg and a maximum dose of 1 mg.

Beyond its primary use for diabetes, the weight loss effects of Ozempic, observed during clinical trials, led to further exploration of the drug’s potential in this area. As a result, semaglutide has also been approved in higher doses under the name “Wegovy,” for chronic weight management.

How does Ozempic work?  It works great.  The drug is sweeping the country and it is helping many patients.  The question is did the drug maker warn of all the risk so that a minority of patients did not unnecessary suffer?

Gastroparesis Is Awful

Gastroparesis is essentially a stomach condition where the muscles don’t work as they should. Normally, strong muscle movements help move food along the digestive system. But if you have gastroparesis, this movement in your stomach is either too slow or doesn’t happen at all, making it hard for your stomach to empty food correctly.

This can mess up your digestion and lead to several problems, like feeling nauseous, throwing up (sometimes even food that hasn’t been digested), belly pain, bloating, getting severely dehydrated, feeling full quickly when eating, food not digesting and staying in the stomach, acid reflux, blood sugar levels going up and down, not feeling hungry, losing weight, not getting enough nutrients, and a drop in your quality of life.

The news gets worse: there is no known cure for gastroparesis.

So, if you are reading this and you are not a victim, imagine the hunger pangs that prompt you to nourish your body, only to be met with pain, nausea, and vomiting every time you try to eat.

This condition traps its sufferers in a relentless cycle of discomfort. With a stomach that refuses to cooperate, the basic human need to eat becomes a battleground. Every meal is a calculation, a risk, and often a regret. The physical symptoms are just the beginning; the psychological toll is equally devastating. The constant worry about when the next flare-up will occur, the anxiety of eating in public, and the stress of managing a diet that is both safe and nourishing can be overwhelming.  It is miserable.

The pain and discomfort of gastroparesis are not fleeting, either. They linger and echo through every aspect of your life, casting a shadow over daily activities and social interactions. The chronic nature of the condition means that relief is often temporary and incomplete, leaving sufferers to navigate a maze of treatments and dietary adjustments in search of some semblance of normalcy.

Moreover, gastroparesis is often misunderstood or dismissed by those unfamiliar with its impacts, adding a layer of isolation to the suffering.  Because invisible conditions are always overlooked by family and friends, one of the greatest injuries of gastroparesis is that empathy can be scarce, leaving individuals feeling alone in their struggle.

The misery of gastroparesis is not just in the physical symptoms, but in the way it steals the simple pleasures of life, like enjoying a meal without fear or pain. It is a condition that demands constant vigilance and adaptation, and it tests the resilience of those it afflicts.

Cholecystitis is Awful, Too

Cholecystitis, or inflammation of the gallbladder, is usually caused by blockage of the tube leading out of the gallbladder. It is a serious condition that must be treated immediately to avoid potentially fatal complications. The most common treatment for cholecystitis is removal of the gallbladder.

Gallstones (cholelithiasis) are hard deposits that develop inside the gallbladder. They can get as big as a gold ball in some cases. Gallstones are categorized into two different types: cholesterol stones and pigment stones. Cholesterol stones are more common and comprised of excess cholesterol. Pigment stones are formed from bilirubin, a byproduct of the breakdown of red blood cells in the liver.

Estimated Settlement Amounts for an Ozempic Lawsuit

Estimating the potential settlement value of new product liability cases like this is almost impossible to do with any real accuracy. That is particularly true with the Ozempic gastroparesis lawsuits because they are very new. At this point, we don’t know how the scientific evidence behind these cases is going to hold up in court. That is a major variable in any defective drug case.

Still, victims want to know how much the Ozempic lawsuit is going to payout?  So what our lawyers can do, however, is provide an educated guess as to the possible settlement compensation payout range of Ozempic cases based on various assumptions about the causation evidence. Based on these significant assumptions, our attorneys believe that a successful Ozempic lawsuit could have a settlement value range of $400,000 to $700,000. This is the settlement value estimate for the “top tier” Ozempic cases, which would be those in which the plaintiff suffered severe gastroparesis  or death.

In our April 5, 2024 update above, our attorneys talk about the type of cases we are seeing in this litigation. Some of them involve injuries that resolve quickly.  You will not see settlement payouts anywhere near that number for those types of lawsuits. But serious permanent injury cases may see real value.

There is also the bigger picture to consider when predicting Ozempic payouts.  Practically, Ozempic, Rybelsus, Wegovy, Trulicity, and Mounjaro are huge money-makers.  These defendants are likely to pay out billions in this litigation and still make a fortune off these drugs.  So the expectation is they will look to pay settlement amounts over the publicity – and possible punitive damages – a trial could bring.

New Ozempic Warning

On September 28, 2023, the FDA added a new warning to the Ozempic label about the potential for increased risk of ileus, a blockage that keeps food or liquid from passing through the colon.

The new warning on the Ozempic label states that:

Ileus: Ileus is a serious but rare side effect that has been reported in patients taking Ozempic. Ileus can cause abdominal pain, nausea, vomiting, and constipation. If you experience any of these symptoms, contact your healthcare provider immediately.

The FDA also recommends that healthcare providers monitor patients taking Ozempic for signs and symptoms of ileus, and that they consider discontinuing Ozempic if ileus is suspected.

The point being underscored here is that we have a drug on the market, but the risks of the drug are far from nailed down.

The Focus of Every Ozempic Lawsuit Is Failure to Warn

Every Ozempic lawsuit asserts the key claim in this litigation:  Novo Nordisk, the maker of Ozempic, failed to provide adequate warnings about the risk of developing gastroparesis, a condition characterized by delayed stomach emptying, as a side effect of the drug.

While the Ozempic label mentions common adverse reactions like nausea, vomiting, diarrhea, abdominal pain, and constipation, it does not link these symptoms to gastroparesis nor does it include them in the “Warnings and Precautions” section. The label does mention delayed gastric emptying in the context of drug interactions and describes a minor delay in gastric emptying as part of the drug’s mechanism, but it does not explicitly state gastroparesis as a risk or potential chronic condition resulting from Ozempic use.

Furthermore, Novo Nordisk’s promotional materials, including their main website, ignore the risk of gastroparesis in the “Important Safety Information” section. It also highlights changes in the labeling over time, such as the removal of certain instructions related to side effects in the “Patient Counseling Information” section, which could lead physicians to misinterpret symptoms like vomiting as non-serious or temporary.

Victims’ Ozempic lawyers argue that Novo Nordisk was aware or should have been aware of the potential link between Ozempic and gastroparesis, based on clinical studies, case reports, and medical literature. That is the core of these lawsuits.  The company failed to provide adequate warnings about this risk, which allegedly led to a lack of awareness in the medical community and potentially affected prescribing decisions.

Ozempic lawsuit contend that if the risks of gastroparesis had been adequately disclosed, it would have influenced the physician’s decision to prescribe Ozempic or to monitor for symptoms of gastroparesis more closely. Why not disclose the risk?  There could be any number of reasons. But, like everything, it usually comes down to money.  More warnings equal less sales equals less money. It is as simple as that.

Ozempic Class Action Lawsuit

As of February 2024, we have an Ozempic class action lawsuit. A Multidistrict Litigation (MDL) class action can potentially speed up the settlement process in lawsuits like the Ozempic case in several ways:

1. Streamlined Proceedings: MDLs consolidate similar cases to streamline the legal process. By bringing numerous similar lawsuits under one court, MDLs help in reducing duplicative discovery, avoiding conflicting rulings in different courts, and increasing the efficiency of the legal process. This consolidation can lead to quicker settlements because it creates pressure on the defendants to resolve many cases at once rather than dealing with each case individually over a prolonged period.
2. Higher Negotiation Leverage: In an MDL, the large number of cases consolidated together increases the plaintiffs’ negotiation leverage. This can encourage the defendant, in this case, Novo Nordisk, to settle to avoid the risk of facing a potentially large, cumulative judgment across many individual cases. Settlements in an MDL can offer compensation to claimants more quickly than individual lawsuits, which might take years to resolve. Ozempic settlement amounts are unlikely to be one-size-fits-all. If these claims are successful, Ozempic settlement payouts will vary depending on the severity of the side effects and the evidence supporting the plaintiffs’ claims.

Hiring an Ozempic Lawyer

If you have an Ozempic gastroparesis lawsuit, call our Ozempic lawsuit lawyers today at 800-553-8082 or reach out to us online for a free consultation.