Ozempic Lawsuit

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

Ozempic is the popular brand name for semaglutide, a prescription drug approved for the treatment of type-2 diabetes. As we all know, 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 injuries. Anyone who suffered injuries 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. This page will provide the latest news and updates on the Ozempic litigation, as well as our predictions about the potential settlement value of these cases.

Our Ozempic Lawyers Are Taking 8 Types of Claims

  1. Gastroparesis or stomach paralysis
  2. Hospitalization for over one day for GI issues
  3. Esophageal injury requiring surgery
  4. Ileus or bowel obstruction
  5. NEW: Sudden Vision Loss or NAION (nonarthritic anterior ischemic optic neuropathy)
  6. DVT and related injuries, including death
  7. Pulmonary aspiration
  8. Gallbladder injury with surgery (Started taking drug prior to 2022)

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


Ozempic Lawsuit Updates

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

October 4, 2024 – 101 New Cases Added to MDL

The Ozempic class action MDL continues to grow fairly rapidly in size. After adding over 300 new cases in August, another 101 new cases were transferred into the MDL in September. That brings the total number of pending cases up to 1,090.

September 29, 2024 – Battle Over Scope of Early Discovery

Defendants recently opposed plaintiffs’ request for limited marketing discovery that we discussed in our September 1 update.  They argue it is unnecessary due to the court’s bifurcation order, which focuses on resolving label adequacy and preemption issues first. According to defendants, only the printed label and FDA communications are needed for these rulings.

This is wrong. Marketing materials, brochures, and promotional content are part of the “label” under FDA regulations and relevant to whether defendants adequately warned about risks like gastroparesis. Recent legal precedent, including a brand new Third Circuit ruling in In re Fosamax just this month, underscores that a drug’s label includes all materials disseminated to prescribers, not just what is on the bottle.

Plaintiffs also highlight that defendants cannot cite a single case where similar preemption or warning adequacy issues were resolved without marketing discovery. The cases defendants do reference—Taxotere and Meridia—involved marketing discovery before summary judgment was reached. Excluding this evidence, plaintiffs argue, would undermine the court’s ability to fully assess whether the drug warnings were adequate and legally sufficient.

Keep in mind, plaintiffs are not seeking a blanket expansion of discovery but merely clarification that marketing materials can be included, as they directly influence physicians’ understanding of risks and the adequacy of drug warnings. Plaintiffs argue that without this discovery, the court cannot properly determine if the warnings were diluted or minimized in promotional efforts.

In short, plaintiffs believe the Ozempic defendants are using the bifurcation order as a shield to avoid turning over critical evidence—which our lawyers suspect will make them look terrible. They urge the court to allow marketing discovery, so it has a complete picture of how the drugs were promoted and whether that promotion aligns with the printed warnings, which is essential to deciding the key issues in the case.

September 24, 2024 – Ozempic and Opioid Abuse

A new study suggests that people with a history of opioid abuse who took  Ozempic were significantly less likely to overdose compared to those on other diabetes medications.

The study, published in JAMA Network Open, found that patients on semaglutide, the key ingredient in Ozempic and Wegovy, had a 63% lower chance of overdosing than those taking DPP-4 inhibitors, and were also less than half as likely to overdose compared to those on insulin.

In our last update two days ago, we raised concerns about the drug’s impact on bone mineral density Now we report on what appears to be a beneficial aspect of the drug, though it’s not yet fully understood. The moral of the story in the context of the Ozempic litigation is that we still lack sufficient knowledge the effects – for better and for worse – of this drug and other GLP-1s.

September 23, 2024 – Bone Mineral Density

A new study investigated how different weight loss methods affect bone health, specifically looking at bone mineral density (BMD) in the hip, spine, and forearm. The research included 195 adults who were assigned to one of four groups: exercise alone, GLP-1 receptor agonist (liraglutide) alone, a combination of both, or a placebo. The study found that the combination of exercise and liraglutide led to the most weight loss while also preserving BMD, particularly at critical sites like the hip and spine. In contrast, liraglutide alone resulted in a decrease in BMD despite the weight loss.
Again, we are still learning a lot about what we do not know about these drugs.

September 17, 2024:  Next Status Conference

Ozempic lawyers have suggested three relatively unexciting agenda topics for next week’s status conference:

  1. Addressing a motion on how to proceed with discovery (see September 1st update below)
  2. Proposing schedules for discovery and briefing on key issues
  3. Providing an update on motions to transfer filed with the Judicial Panel on Multidistrict Litigation

September 12, 2024: Pretrial Discovery

The court has scheduled early discovery and motion practice regarding preemption and the adequacy of warning labels. The issue of marketing discovery, however, was not fully considered, and plaintiffs are seeking permission in a new motion to include marketing discovery at this early stage.

Plaintiffs argue that marketing discovery is crucial to the case, as pharmaceutical companies often dilute or downplay risks in their marketing efforts, which can negate warnings provided in labels.  This is probably especially true with the money on the line in this case.  There are ample precedent for the idea that marketing is relevant to the adequacy of warnings and preemption defenses.

September 11, 2024: Status Conference

The in-person status conference previously scheduled for September 16, 2024,has been rescheduled for September 23, 2024, at 2:00 p.m.

September 6, 2024: New Ozempic Lawsuit Filed Yesterday

A Kentucky woman has filed a new lawsuit in the MDL against Novo Nordisk yesterday.

The complaint alleges that the plaintiff, who resides in Covington, Kentucky, suffered from severe injuries after using Ozempic from January 2023 to April 2023. She was later diagnosed with gastroparesis, the signature injury in this litigation.  Gastroparesis, as most of you know, is a condition that paralyzes the stomach, leading to significant health issues including severe vomiting, abdominal pain, and the need for emergency medical treatment.

The lawsuit claims that Novo Nordisk failed to adequately warn users of the potential severe gastrointestinal risks associated with Ozempic, such as gastroparesis, despite being aware of these risks. The plaintiff argues that the drug’s labeling and promotional materials were misleading, downplaying the severity of side effects and failing to disclose the potential for serious gastrointestinal issues. The lawsuit further asserts that Novo Nordisk’s aggressive marketing and promotion of Ozempic, including extensive television advertising and marketing materials that we have all seen that highlight weight loss benefits, contributed to the widespread use of the drug without proper warnings regarding its risks.

The plaintiff is seeking compensatory damages for personal injuries, pain, suffering, and medical expenses, as well as punitive damages, alleging that Novo Nordisk acted recklessly by continuing to market Ozempic without adequate safety warnings.

September 3, 2024: MDL Doubles in Size

As of September 3, MDL-3094 has 869 filed lawsuits.  This reflects a substantial increase of approximately 151% from the 346 cases recorded on August 1st. This significant rise underscores the growing momentum of claims being filed in this multidistrict litigation related to GLP-1 RAs drugs.

September 2, 2024: New Ozempic Suicide Study

A new study “Disproportionality Analysis From World Health Organization Data on Semaglutide, Liraglutide, and Suicidality” scrutinizes the potential relationship between GLP-1 receptor agonists—specifically semaglutide and liraglutide—and an increase in reports of suicidal thoughts. It found a particularly strong signal of increased suicidal ideation in patients using semaglutide alongside other medications like antidepressants and benzodiazepines. There is now talk of a Ozempic suicide warning.

In the bigger picture, all of these new studies are underscoring an unsettling gap in our knowledge about the safety of these drugs. It underscores a pressing need for more comprehensive research to ensure these drugs do not pose even more hidden risks.

Are our Ozempic lawyers taking suicide and suicidal ideations lawsuits? No.  But that could change after we dig deeper into the evidence.

September 1, 2024: Plaintiffs’ Ozempic Lawyers Urge Getting All of the Evidence

It is pretty clear the defendants would like to have the judge rule on the cross-cutting issues we have been talking about without full discovery.  Plaintiffs’ attorneys, in a letter to the judge, want to cool the jets on that thinking.

The Plaintiffs argue that general causation should not be decided prematurely without comprehensive discovery, stressing the importance of a detailed examination of evidence through the Bradford Hill criteria.

You will be hearing a lot about Bradford Hill in the Ozempic litigation. The Bradford Hill criteria consist of a group of principles that help determine causal relationships between a specific factor and a disease. These criteria do not serve as definitive proof of causation but rather as guidelines to assess whether the relationship between Ozempic and health consequences like gastroparesis is likely causal.

The Plaintiffs contend that a full exploration of this evidence is essential not only to address the specific allegations but also to ensure that the evaluation of general causation is grounded in a robust factual and scientific context. They argue against limiting the scope of discovery to predefined categories that might not capture all relevant data, thereby potentially compromising the reliability and comprehensiveness of the causation analysis.

So plaintiffs’ attorneys are asking the judge for full pre-trial discovery and request that the court resist any attempt to streamline or expedite this process might lead to an incomplete or misleading analysis.

August 29, 2024: Defendants Jumping on “Cross-Cutting” Issues Order

Defendants sent the judge a letter to Judge Marston jumping on the “cross-cutting” issues order we wrote about on August 24.  The defendants have pushed for early discovery on general causation issues and won, putting the early focus of discovery on the reliability of gastroparesis diagnostic testing and the adequacy of the warning labels provided by the manufacturers.

Defendants think they see a path to end this litigation early and they are showing the judge how eager they are to get on with it. I don’t think they have much a of a chance on either issue.

August 27, 2024: New Video

We put up a new Ozempic lawsuit video that gives you an update on the latest in the litigation.

August 24, 2024: New Court Order

The court has granted the defendants’ request for early discovery and motion practice on two pivotal issues:

  1. the reliability of gastroparesis diagnostic testing, and
  2. the adequacy of the warning labels provided by the manufacturers.

The court agreed that these “cross-cutting” issues are central to the litigation and could significantly influence the scope of the claims.

Specifically, the court will address whether gastroparesis can be reliably diagnosed without objective testing and whether the FDA-approved warning labels were sufficient under federal law, potentially preempting state law claims.

The court has requested further briefings on the third issue, general causation, to determine whether GLP-1 receptor agonists are capable of causing the alleged injuries. The ruling on this issue has been deferred until after additional information is provided. A comprehensive scheduling order will be established after the next status conference on September 16, 2024, where the parties will propose deadlines for discovery and motions on the approved issues.

This order puts plaintiffs in a more defensive posture than we would like at this stage of the litigation. But Ozempic lawyers are confident that plaintiffs will win these battles.

August 21, 2024: New Mounjaro/Trulicity Lawsuit

A new lawsuit has been filed by a Kentucky woman seeking damages for severe injuries allegedly caused by the use of Mounjaro and Trulicity, manufactured by Eli Lilly and Company.

The plaintiff claims that these medications, used to control blood sugar in adults with type 2 diabetes, caused her to develop gastroparesis, a severe and chronic condition that affects stomach motility. The complaint alleges that Eli Lilly failed to adequately warn consumers and healthcare providers about the risks associated with these drugs, particularly the risk of gastroparesis, despite being aware of the potential dangers.

The plaintiff asserts multiple causes of action, including inadequate warning, fraudulent concealment, fraudulent misrepresentation, and negligent misrepresentation. The diet drug lawsuit details that Eli Lilly downplayed the severity of gastrointestinal side effects and failed to provide sufficient warnings or studies regarding the risk of gastroparesis associated with GLP-1 receptor agonists, the class of drugs to which Mounjaro and Trulicity belong.

Critically, the plaintiff claims that had she or her prescribing physician been properly informed, she would not have used these medications and suffered the resulting injuries.

August 17, 2o24 – Discovery Disputes

The Court has appointed the Judge Lawrence F. Stengel (retired) as the Special Discovery Master to oversee the discovery process between the parties and third parties involved in this case.

August 15, 2024 – MDL Attorneys’ Fees

New Case Management Order No. 17 outlines the MDL fee in the Ozempic class action. From any gross monetary recovery—whether from settlement, judgment, or other forms of monetary relief—9% is allocated to the GLP-1 Fee Fund. This fund is designed to compensate the Ozempic attorneys for their legal services that benefit all plaintiffs involved in the MDL.

An additional 2% of the gross monetary recovery is allocated to the GLP-1 Expense Fund. This fund covers expenses incurred during the litigation that are considered beneficial for all plaintiffs, such as costs related to discovery, expert analysis, and other litigation-related expenditures.

What is this attorneys’ fee about and does it impact you? In an MDL, a common benefit fee is a mechanism designed to fairly distribute the costs of litigation among all plaintiffs who benefit from the collective efforts of the attorneys in leadership. These are the attorneys who perform work that benefits the entire group of plaintiffs, such as conducting discovery, engaging experts, and preparing for trial.

The exact distribution and impact on the attorney’s fees and the client’s recovery can vary as we saw in the 3M earplug MDL. You will have to pay the 2% in expenses, most likely. But typically, the money for leadership’s attorneys’ fees is coming out of your lawyer’s pocket, not yours. So if you have a 40% contingency fee, your lawyer is getting 31%, and MDL leadership is getting the other 9%.

August 13, 2024:  Deep Vein Thrombosis (DVT) Ozempic Lawsuits

Our Ozempic lawyers are seeing more DVT Ozempic cases. DVT is a serious medical condition where a blood clot forms in a deep vein, typically in the legs. It can cause pain, swelling, and redness in the affected area. If not diagnosed and treated quickly, a DVT can break loose and travel to the lungs, leading to a potentially life-threatening condition called pulmonary embolism.

August 11, 2024 – New Ozempic Gastroparesis Lawsuit

A New Hampshire residents suffering from Type 2 diabetes filed an Ozempic lawsuit this week. She used Ozempic from June 2022 to September 2023.  She was diagnosed with gastroparesis, a condition which, as you like know if you are reading this, paralyzes the stomach muscles, preventing proper digestion.

The plaintiff alleged that Novo Nordisk failed to adequately warn about the risks associated with Ozempic, leading to severe and permanent personal injuries, pain, and emotional distress.

This lawsuit was filed directly in the MDL.

August 8, 2024 – Science Day

Judge Karen Spencer Marston has scheduled a “Science Day” for September 4, 2024.

Science Day is a unique proceeding in complex litigations, especially those involving pharmaceuticals, where both parties present an objective overview of the relevant medical and scientific issues to the court. This event allows the judge to better understand the underlying science, including how GLP-1 RAs work, their medical uses, and the injuries alleged by plaintiffs, such as gastroparesis and deep vein thrombosis.

The presentations will focus strictly on scientific information, excluding individual plaintiff cases or marketing practices, and will be non-discoverable to encourage open and informative discussion. Although everyone will pretend to present unbiased information, lawyers on both sides will aim to influence Judge Marston’s understanding of the science in a way that aligns with their perspectives.

August 5, 2024 – Status Conference

There is a status conference on August 8, 2024. There are some of the issues that will likely be addressed:

  1. Progress and current status of the electronic Plaintiff Fact Sheets (e-PFS).
  2. Ongoing developments and phase of the discovery process.
  3. Latest updates on the cases that have been temporarily stayed.
  4. Planning and logistical arrangements for the upcoming Science Day.

August 4, 2024 – Class Action Case Count

From July to August 2024, the number of active cases in the Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation – which we have been calling the Ozempic class action but it covers many GLP-1 products – saw a significant increase.

In July 2024, there were 111 active lawsuits in MDL-3094. By August, this number had risen to 346, an increase of 235 active cases over the month. So that is an over 200% jump in a single month.

August 1, 2024 – New Mounjaro/Ozempic Lawsuit

An Illinois man has filed a new lawsuit against Novo Nordisk  and Eli Lilly alleging, among other things, the failure to warn about the risks of their weight loss drugs, Ozempic and Mounjaro,

In October 2022, the plaintiff was prescribed Ozempic by his endocrinologist for diabetes management. The plaintiff continued using Ozempic until January 2023. Subsequently, he switched to Mounjaro, also prescribed by his endocrinologist, for the same purpose.

On June 10, 2023, the plaintiff was admitted to the hospital with chest discomfort, which later escalated to severe abdominal pain. A CT scan revealed abnormal thickening in the proximal jejunal small bowel and an internal hernia, suggesting ischemia and bowel obstruction. The next day, June 11, 2023, the plaintiff underwent ischemic bowel resection surgery.

His suit, which was filed in Illinois but will be transferred to the MDL class action lawsuit pending in Pennsylvania, seeks compensation for his injuries, medical expenses, pain, and suffering, which he attributes to the defendant’s negligence and deceptive practices.

July 9, 2024 – Direct File GLP-1 Lawsuits:

You can now directly file an Ozempic lawsuit into MDL No. 3094, which addresses claims related to GLP-1 receptor agonists. A new order allows plaintiffs to directly file cases in the United States District Court for the Eastern District of Pennsylvania to enhance administrative efficiency and centralize pretrial proceedings.

Direct filing will not determine future jurisdiction or venue. The order also introduces a streamlined service process, with Eli Lilly and Novo Nordisk agreeing to waive formal service and accept email service. Additionally, it mandates that directly filed cases name no more than a single plaintiff, although consortium and derivative plaintiffs are allowed.

July 8, 2024 – Status Conference Scheduled for July 10th

The following topics will be addressed during the conference:

  1. Issues raised in cross-cutting motion letter briefs.
  2. Outstanding disputed provisions in the ESI protocol and 502(d) order.
  3. The court’s request for discovery special master candidates.
  4. The status of the time and expense order.
  5. The status of discovery.

The cross-cutting motion issue is one where the defendants almost always lose. Defendants want to focus on whether Ozempic and other glucagon-like peptide-1 drugs cause gastroparesis, ileus/intestinal obstruction, cholecystitis, and venous thromboembolism.

Plaintiffs are willing to look at this causation. However, they also want to get ready for trial.  The defendants’ path delays litigation by another year.

Defendants like to stall in these MDLs. They want to delay a potential Ozempic settlement for as long as they can. MDL judges universally reject this request to bifurcate discovery.

This issue has recently arisen in the Suboxone, Tepezza, Paragard, Uber sexual assault, hair relaxer, NEC formula, and social medial addiction MDLS. Judges reject this request every time.

July 3, 2024 – New Study Finds Association Between Ozempic and Vision Loss

A new study found an association between semaglutide and nonarteritic anterior ischemic optic neuropathy (NAION), a type of eye stroke that causes sudden vision loss. Semaglutide is a glucagon-like peptide-1 (GLP-1) receptor agonist, which includes Ozempic.

The researchers’ data comprised over 16,800 university hospital patients who were either managing their diabetes or weight. They compared semaglutide patients to those using other medications in a different drug class.

The researchers found that among type 2 diabetic patients, 8.9% of patients taking semaglutide had a significantly higher incidence of NAION compared to 1.8% of those on other diabetic medications.

For overweight or obese patients, the incidence was 6.7% for semaglutide users versus 0.8% for those on other weight-loss drugs. These numbers suggest a strong association between semaglutide and NAION.

This is a significant finding for both doctors and patients to consider when choosing treatment options.

July 1, 2024 – New Lawsuits Filed

Within a month, five new lawsuits were filed in this litigation. Four were filed this past June, while one was filed today. This brought the total to 106.

The lawsuit filed today involves an Indiana woman who took Ozempic to control both her diabetes and weight.

She was admitted to the emergency room on July 1, 2022, with severe constipation, rectal bleeding, and vomiting. An ultrasound revealed a bowel obstruction. The woman underwent treatment for this condition before being released. She continues to experience irregular bowel movements.

The Ozempic label failed to adequately warn her or her healthcare provider about its true risks. As a result, she claims her use of Ozempic has profoundly impacted her life.

June 23, 2024 – Kansas Resident Files Lawsuit Against Ozempic Manufacturer

A Kansas resident has filed a lawsuit against Ozempic’s manufacturer. They sought damages for severe health complications allegedly caused by the medication.

The plaintiff sued Ozempic from November 2019 to October 2022 for type 2 diabetes. They claimed the drug led to the development of gastroparesis. They also suffered from persistent vomiting, diarrhea, indigestion, bloating, abdominal pain, and significant emotional distress.

The lawsuit seeks compensation for the plaintiff’s suffering and incurred medical expenses.

June 13, 2024 – District Judge Holds Hearing With Ozempic Lawyers

Judge Marston had a hearing this week with Ozempic lawyers. Nothing eventful happened at the hearing. However, the message was clear: let’s keep the ball moving forward.

June 10, 2024 – Philadelphia Judge Takes Over Ozempic Litigation

U.S. District Judge Karen Marston in Philadelphia is taking over litigation involving Ozempic and similar drugs. Marston was selected by the Judicial Panel on Multidistrict Litigation to manage product liability proceedings that are expected to cover over 10,000 personal injury lawsuits.

The case was previously overseen by the late U.S. District Judge Gene E.K. Pratter, who, as we discuss below, passed away suddenly in May due to chronic obstructive pulmonary disease.

Lawyers continue getting these cases ready. This includes developing a plaintiff fact sheet detailing individual injuries. A plaintiff fact sheet is a document used in mass tort litigation to provide detailed information about the plaintiff’s personal injuries, medical history, and other relevant facts.

This streamlines the discovery process by standardizing critical data collection from numerous plaintiffs involved in a large-scale lawsuit.

June 3, 2024 – Dozens of Cases Added to Ozempic MDL in May

During the month of May, another dozen new cases were added to the Ozempic class action MDL, about the same volume of new cases we saw in April.

There are now 101 pending cases in the Ozempic MDL, which has started at a slower pace than we expected.

May 23, 2024 – Judge Overseeing MDL Tragically Passes Away

Some of the momentum to move this litigation forward has been stalled with the tragic death of the MDL judge, Gene E.K. Pratter, at age 75. (She seems to have lived a fantastic life.)

Now, the MDL Panel must find a new judge who will have to quickly become familiar with the litigation, which will take some time.

May 21, 2024 – Plaintiff and Defendant Attorneys Agree to Plaintiff Fact Sheet

The Ozempic plaintiffs’ committee filed a status report updating the MDL Judge on their progress with various “action items.”

According to that report, both sides in the litigation met last month in Rhode Island and are very close to agreement on a 13-page Plaintiff Fact Sheet (“PFS”) and authorization form that will be required from all plaintiffs moving forward.

The parties also agreed to use Rubris, a third-party vendor, to handle the electronic submission of the PFS and authorization forms.

May 18, 2024 – MDL Judge Schedules “Science Day”

In Case Management Order#5, the MDL judge has scheduled a “Science Day” for June 14, 2024. This will provide an overview of the medical and scientific issues relevant to the case. It is said to be non-adversarial.

However, everything in litigation is adversarial. Both parties will present the evidence to sway the judge.

May 1, 2024 – Fourteen New Cases Added to Ozempic MDL

During the month of April, 14 new cases were added to the Ozempic class action MDL.

This brings the total pending cases in the MDL to 87.

Given the increasing number of people using Ozempic and related drugs for weight loss, we could see a lot of cases in this MDL.

April 16, 2024 – Plaintiff Attorneys Refute Defendants Claim Regarding Novel Ozempic Treatment

In a filing yesterday, the plaintiffs’ attorneys refuted the Defendants’ Position Statement, which claimed that the novel treatment approaches relieve them from certain legal responsibilities.

The filing emphasizes that Ozempic’s manufacturers are not exempt from the obligation to adequately warn of the drug’s severe risks.

The plaintiffs argue that these drugs’ widespread use only heightens the necessity to inform the public of these effects. They also criticize the drug labels for inadequately warning of potential severe injuries.

The filing points out that the lack of long-term studies puts the safety of these GLP-1RA drugs into question. The longest study of these drugs lasted two years. This situation is exacerbated by a significant portion of users discontinuing the drugs due to injuries or other factors.

Additional legal arguments revolve around establishing causation for the injuries claimed. The plaintiffs refute the defendants’ proposal to rely solely on a gastric emptying study for determining causation. They advocate for a differential diagnosis.

This method, supported by many physicians, evaluates all potential causes and excludes unlikely ones. It isolates the drug as a likely contributor to the condition.

The plaintiffs also 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 doctors’ clinical judgments, 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. It argues that these conditions can be much more severe than the defendants acknowledge.

The filing concludes by underscoring the necessity of a fair and comprehensive discovery process to ensure all claims are adequately considered and adjudicated.

April 10, 2024 – Ozempic Attorney Files Motions to Spite Leadership

One plaintiff’s lawyer is upset that she is not a part of leadership. Because of this, she is filing motions stating the leading lawyers 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.” The Ozempic attorneys in leadership filed a response, calling her “admittedly inexperienced.”

This is nonsensical drama. It does not matter.

Nonetheless, the attorneys in leadership should focus their energies on advancing this litigation. The defense lawyers are just pulling out popcorn. This is not a good look for the plaintiffs.

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

April 5, 2024 – The Three Main Injuries from Taking Ozempic

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

Gastroparesis

Gastroparesis is the signature injury in the Ozempic litigation. It disrupts your regular, spontaneous muscle movements (motility) in your stomach. Your stomach’s motility slows down or stops entirely.

This hinders proper stomach emptying. It also causes nausea, vomiting, early satiety, weight loss, abdominal bloating, and pain.

Ileus

The ileus represents a temporary, often reversible, halt in bowel motility. It leads to an accumulation of digestive materials and gases that can’t move through the intestines as they should. This results in abdominal bloating, pain, nausea, vomiting, and obstipation.

Ileus might develop following abdominal surgery due to an infection, certain medications, or other medical conditions.

Treatment usually focuses on addressing the root cause, giving the bowels a rest, 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 partially or wholly blocked. This intestinal blockage stops food, fluids, and gas from moving through your intestines.

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

April 4, 2024 – Plaintiff Firms Clash Over Leadership Positions

There is a dispute among plaintiffs’ lawyers about who should be in the Ozempic lawyers’ leadership. Specifically, one firm wants a larger seat at the table. They have criticized the process for being unfair and non-transparent. This firm suggests it didn’t adequately consider all interested attorneys wanting to apply.

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

April 2, 2024 – Ozempic MDL Cases Increased to 74

When the Ozempic class action MDL was created in February, there were only 55 cases. They were consolidated in the Eastern District of Pennsylvania. As of April 1, 2024, the number of pending Ozempic cases increased to 74. Our lawyers expect this number to grow.

March 18, 2024 – Ozempic’s Manufacturer Spends $11 Million to Pay for Physicians’ Meals and Travels

In 2022, Novo Nordisk allocated $11 million to cover meals and travel expenses for physicians. This was 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. It also included trips to international and domestic destinations such as London, Paris, Orlando, and Honolulu.

The President and CEO of the Alliance of Community Health Plans criticized Novo Nordisk’s expenditures as “outrageous.” He argued that these funds could be more effectively invested in researching the drug’s potential side effects and long-term efficacy. He referenced studies from Spring 2023 that report an association between the use of GLP-1 RA medications and intestinal obstruction.

March 15, 2024 – First Status Conference Held in Ozempic Lawsuit

The first status conference in the Ozempic class action lawsuit was held yesterday in Pennsylvania federal court. During the conference, attorneys for Novo Nordisk and plaintiffs alleged that the pharmaceutical company failed to adequately warn users about Ozempic and similar drugs’ side effects. It aimed to address organizational and procedural aspects of the case. This includes the plaintiffs’ leadership structure, motion practice, and the development of fact sheets.

The case involves allegations against GLP-1 receptor agonist medications. These claims surround issues like inadequate warning, design defects, and others. Most of the discussion focuses on organizing the plaintiffs’ representation to streamline the litigation process.

This includes appointing a leadership team that comprises 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. They recognize that resolving key legal issues early on significantly impacts the case’s direction.

Another critical point of discussion at this conference was the development of plaintiff fact sheets. Both sides agreed that these fact sheets are crucial for exchanging information about the use of the drugs in question and the injuries alleged. Negotiations around these fact sheets are ongoing, with an emphasis on providing proof of drug use and injury to the defendants as quickly. Eighteen lawsuits have been consolidated in the U.S. District Court for the Eastern District of Pennsylvania. Judge Gene E.K. Pratter is overseeing this MDL. 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. 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 court orders have been admitted out-of-state Ozempic lawyers on both sides to participate in the litigation.

February 29, 2024 – First Status Conference

The first status conference for the Ozempic MDL will be held on March 14, 2024. This will be the first chance to see how U.S. District Judge Gene E.K. Pratter will approach this litigation.

February 20, 2024 – Recent Study Finds Significant Association Between Ozempic and Psychiatric Side Effects

One of the recurring themes is that we do not know enough about these drugs. Here is a new example.

A recent study found a “significant association” between glucagon-like peptide-1 receptor agonists such as Ozempic, Mounjaro, and Wegovy and psychiatric side effects.

We will learn of more benefits and risk of these drugs as we go.  The important point is that you should know these things before the drug goes on the market.

February 12, 2024 – Ozempic Lawsuit Filed in New Jersey Involves Gallbladder Injury

Ozempic lawsuits are being filed in New Jersey state court and the new MDL. In a recently filed claim, the plaintiff filed suit under the New Jersey Products Liability Act. She alleges that due to her use of Ozempic caused a gallbladder injury that resulted in its surgical removal on February 2, 2022.

February 8, 2024 – Research Reports on Ozempic’s Associations with Weight Loss and Gastrointestinal Issues

New research indicates that individuals using widely recognized GLP-1 receptor agonist medications, including Ozempic, Wegovy, and Mounjaro, experienced weight loss. However, many patients may encounter a heightened likelihood of experiencing gastrointestinal issues, including nausea, vomiting, and more.

The concern is particularly noted for higher doses of the drug. This suggests that the administration of Ozempic 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 – Ozempic Cases Consolidated in Philadelphia Federal Court

We have a new Ozempic class action lawsuit.

The MDL Panel has directed that federal lawsuits involving Ozempic and similar medications be consolidated under a federal judge in Philadelphia. Novo Nordisk and Eli Lilly want to move the cases to alternative jurisdictions like North Carolina or California.

The Panel said no. They point 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 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. Yes, the drug labels mention gastrointestinal side effects. However, the labels significantly underplay the severity and risks of stomach issues.

January 27, 2024 – Federal Judge Grants Jurisdiction Over Novo Nordisk in Ozempic Lawsuit

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 – Federal Judge Denies Woman’s Request to Modify Express Warranty Breach Against Novo Nordisk

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.

This 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 – Study Suggests No Association Between Ozempic and Suicide

A new 2024 study in the journal Nature contradicts an FDA report’s concerns 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, including 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. However, this new study is encouraging. What I do know is that we know way too little about Ozempic and Mounjaro’s side effects.

January 6, 2024 – Defendants Disagree on Consolidation 

We have updates on the path to a Mounjaro and Ozempic class action lawsuit. Novo Nordisk (Ozempic) supports the consolidation. They cite the shared factual, scientific, and legal issues among the 41 suits filed in 17 federal courts.

Novo Nordisk suggests the Western District of Louisiana or the Southern District of California for the proceeding.

However, the defendants are not on the same page. Eli Lilly (Monunjaro) opposes being included in the combined litigation. They argue that most cases focus on Novo Nordisk’s Ozempic, particularly its use for weight loss.

Eli Lilly claims these Ozempic cases are not associated with their products, Mounjaro and Trulicity, which are approved for type 2 diabetes treatment, but not weight loss. Lilly also contends that only 10 cases involve its products. They propose that these 10 cases, if included, be sent to the Southern District of Indiana or the Middle District of North Carolina.

January 1, 2024 – Recent Ozempic Lawsuit in Louisiana

In a recent Ozempic lawsuit filed in Louisiana, a patient alleges their use of Ozempic and Mounjaro caused severe health issues, including extreme vomiting and tooth loss. The defendants, Novo Nordisk and its North American operations, contest the jurisdiction of the Louisiana court.

They argue that there is the lack of substantial connection between them and the state. Novo Nordisk 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 – Federal Judge Partially Denied Defendant Request to Dismiss Lawsuit

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.

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. A decision on that is still pending.

December 5, 2023 – European Regulators Investigate Association Between Ozempic and Suicidal Thoughts

European regulators, specifically the European Medicines Agency (EMA), are investigating to determine an association between certain diabetes and weight loss drugs, including Ozempic, Wegovy, and other glucagon-like peptide-1 (GLP-1) receptor agonists, and suicidal thoughts and self-harm.

Our Ozempic lawyers are focused on lawsuits for patients suffering from gastrointestinal disorders, including gastroparesis or cyclic vomiting syndrome. We have no idea if there is a correlation between suicide and Ozempic.

This investigation indicates that we know little about these drugs. We also know historically that drug companies are loathe to admit a correlation between suicidal ideation and actions and a blockbuster drug.

December 1, 2023 – Plaintiffs File Motion with MDL Panel

A motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) by a group of plaintiffs. They seek 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.

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

November 14, 2023 – Recent Video on Ozempic Lawsuits

See our latest video on the Ozempic Lawsuits.

November 7, 2023 – Ozempic Class Action Filed in Canada

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 – New Study Suggests that Ozempic Causes Gastrointestinal Problems

This new study will encourage many victims to file an Ozempic lawsuit in 2023. It was released in the Journal of the American Medical Association.

The study’s data suggests that individuals using popular weight loss medications, like Ozempic or Wegovy, might be at high risk of developing 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 – FDA Updates Ozempic Label to Include Ileus Risk

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, a condition that obstructs the passage of food or fluid through the colon.

July 25, 2023 – New Evidence Reveals Association Between Gastrointestinal Problems and Ozempic

Newly released evidence reveals that using Ozempic or Wegovy for weight loss can cause severe gastrointestinal conditions, including gastroparesis (stomach paralysis) 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 debilitating conditions can cause a severe and permanent impact on the patient’s life.


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 weight management.

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

Ozempic 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.

Gastroparesis is frequently misunderstood or overlooked, especially by those unfamiliar with its effects, which can make the experience even more isolating for sufferers. The symptoms of gastroparesis are non-specific and often resemble those of other conditions like functional dyspepsia, irritable bowel syndrome, or peptic ulcer disease. This can lead to frequent misdiagnosis or a failure to diagnose the condition at all.

Because it is an “invisible” illness, it is often disregarded by family and friends, making empathy hard to come by. As a result, many individuals with gastroparesis feel alone in their struggle, compounding their emotional and physical burden.

The misery of gastroparesis is not just in its physical symptoms but also 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 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.

Living with cholecystitis is like being in a relentless battle with your own body, a battle marked by sudden ambushes of excruciating pain that can leave you doubled over, gasping for relief, and wondering when the next attack will come.

If you are not a victim yourself, imagine planning your life around the unpredictable eruptions of pain in your abdomen, the kind that sends you rushing to the emergency room in the middle of the night, praying for something, anything, to ease the agony. This pain, so severe that it eclipses every other thought, is only the beginning. Nausea, vomiting, fever—each symptom a wave that knocks you down just as you start to get up from the last.

This Could Have Been Avoided

The frustration is palpable when you learn that this could have been avoided, that the medication you took, the one promised to help with another condition entirely, came with a hidden price tag: an increased risk of developing cholecystitis or gastroparesis. But where was the proper warning to put the risk of this misery in fair context? Where was the caution that could have spared you from this relentless cycle of pain and despair? That is what Ozempic lawsuits are about.

The bottom line is that drug makers have a duty, a moral obligation, to fully disclose the risks associated with their products. Patients deserve to make informed decisions about their health care, weighing the benefits of a medication against its potential risks. This is where the lawsuits come into play.

NAION and Ozempic

In 2024, a new and alarming potential side effect of Ozempic emerged in the ongoing litigation: Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION). NAION is a serious condition where blood flow to the optic nerve becomes blocked, leading to sudden and sometimes irreversible vision loss.

Typically, this condition is linked to underlying risk factors such as high blood pressure, diabetes, and elevated cholesterol levels. However, it can also occur unexpectedly due to structural characteristics of the eye, making it a concerning and unpredictable threat.

As we mentioned in our July 3, 2024 update above, the link between Ozempic and NAION is not yet definitively proven. However, a new study has emerged that strongly suggests a connection between the drug and the development of NAION.

According to the research, rapid fluctuations in blood glucose levels—commonly seen with the use of diabetes medications like Ozempic—may adversely impact blood flow to the optic nerve, triggering this condition in individuals who are particularly susceptible.

Our law firm is actively investigating these cases. Given the severity of NAION and its potential link to Ozempic, our Ozempic attorneys believe that claims related to this issue could lead to substantial settlement amounts, reflecting the life-altering impact of sudden vision loss. We are fully prepared to pursue these claims and hold the responsible parties accountable.

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.

Practical Reasons That May Drive Settlement

The financial dynamics of the pharmaceutical market suggest significant potential payouts in the Ozempic-related litigation. These defendants are getting ridiculous profits from Ozempic, Rybelsus, Wegovy, Trulicity, and Mounjaro. These companies  are in a position to handle extensive settlement costs without crippling their financial standing.

Drug companies typically like to fight and drag out litigation as long as possible.  They also do not care as much as you would think about besmirching the name of the company with adverse publicity of big verdicts against them. But this is different – they are worried about the drug’s reputation and their ability to sell more of it.

It is the profits these drugs are bringing in may change the calculus.  It may make it more likely that these companies will prefer settling claims out of court more quickly to protect their profits and avoid the public relations disaster of a verdict and the additional scrutiny on these drugs adverse verdicts could bring.

The thinking is that these defendants might opt to offer substantial settlement payouts to quickly resolve the litigation and mitigate any negative publicity that could arise during a trial. Such a strategy not only helps maintain the brand’s market position but also potentially avoids the exposure of additional harmful evidence that could lead to even higher compensation claims or punitive damages.

So the expectation hope is that defendants will issue significant compensation to claimants sooner rather than later to circumvent the reputational damage and financial unpredictability associated with jury verdicts.

Weight Loss Lawsuits May Have Higher Values than for Diabetes

We think injury lawsuits for patients taking Ozempic and related drugs for diabetes will receive real compensation if the claims are viable.  Still, settlement amounts for Ozempic in weight loss cases may be higher than those for diabetes claims due to several factors.
First, the use of Ozempic for weight loss can involve a different patient demographic, potentially including younger individuals who may experience longer-term or more severe impacts from side effects, thereby increasing the perceived damages. Younger patients generally get higher settlement payouts that older patients in mass tort lawsuits.
Secondly, the expectations and marketing surrounding weight loss medications can create a higher perceived duty of care from pharmaceutical companies to disclose potential risks, which, if not adequately communicated, could lead to greater liability and thus higher settlements. The thinking is that weight loss is far more optional than diabetes so failure to warn those patients is somehow worse. Jurors may view the failure to warn of side effects in a medication used for lifestyle or cosmetic reasons as more egregious than one used for managing a chronic health condition like diabetes, potentially leading to not only a greater chance of winning a failure to warn claim, it could lead to a large punitive damages award.
Additionally, weight loss patients may not have the same underlying health issues as those with diabetes, making it easier to attribute certain side effects directly to the medication rather than pre-existing conditions.  Defense lawyers in this litigation know that juries look for reasons to blame the patient.  Good lawyering can solve most of this problem.  But it is still a thing and this perceived clearer causation can strengthen claims and influence settlement outcomes.

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 the 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.

Additionally, Novo Nordisk’s promotional materials, including their primary website, fail to mention the risk of gastroparesis in the “Important Safety Information” section. The materials also highlight changes in the labeling over time, such as the removal of specific guidance on side effects from the “Patient Counseling Information” section, potentially causing physicians to misinterpret symptoms like vomiting as minor 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.

You also have to remember that we are not just talking about Ozempic in terms of clues to the risk. Ozempic is a  GLP-1 receptor agonist (GLP-1RA). The risk of gastroparesis is common across the GLP-1RA class, which includes medications like tirzepatide, exenatide, liraglutide, albiglutide, dulaglutide, and lixisenatide. Published literature on the association between gastroparesis and any GLP-1RA, not just Ozempic, should have alerted manufacturers to the need for warnings about this risk to patients and prescribing physicians.

Ozempic lawsuits 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 equals less sales, which equals less money. It is as simple as that.

Ozempic Class Action Lawsuit

In February 2024, the MDL panel certified 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 two important way that may lead to earlier Ozempic settlements:

  1. Streamlined Proceedings: MDLs consolidate similar cases to streamline the legal process. By bringing numerous similar lawsuits under one court, MDLs help reduce duplicative discovery, avoid conflicting rulings in different courts, and increase 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.

Our lawyers sometimes refer to the Ozempic MDL (multidistrict litigation) as a class action lawsuit because that is what people call it (and, frankly, how they search it), but it is important to understand that these two legal mechanisms are distinct.

A class action lawsuit involves a group of plaintiffs who have suffered similar harm from the same defendant, and their cases are combined into a single lawsuit. This allows the group to be represented collectively by a member of the class, and any judgment or settlement applies to all class members. In a class action, the court must certify the class, establishing that the claims are sufficiently similar and that the representative parties will protect the interests of the class. You might see some classic Ozempic class actions filed in this litigation that includes consumer claims for people that may not be injured.

On the other hand, an MDL consolidates individual Ozempic lawsuits with similar claims into one court for pretrial proceedings to streamline the process and make it more efficient. Each plaintiff in an MDL maintains their individual lawsuit, and their case is transferred back to its original court for trial if it does not settle during the MDL process. The primary goal of an MDL is to handle complex cases involving many plaintiffs and common factual issues more efficiently.

In the context of the Ozempic MDL, multiple individual cases related to the drug are consolidated for pretrial procedures. This allows for coordinated discovery and judicial efficiency but retains the individuality of each plaintiff’s claim. Unlike a class action, the outcomes in an MDL can vary for each plaintiff based on the specifics of their case.

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 the April 5, 2024 update above, our attorneys discuss the types of cases emerging in this litigation. Some involve injuries that heal relatively quickly, and those cases will likely not see settlement payouts close to the larger figures. However, cases involving severe and permanent injuries may have significant value.

Practical Reasons That May Drive Settlement

The financial dynamics of the pharmaceutical market suggest significant potential payouts in the Ozempic-related litigation. These defendants are getting ridiculous profits from Ozempic, Rybelsus, Wegovy, Trulicity, and Mounjaro. These companies  are in a position to handle extensive settlement costs without crippling their financial standing.

Drug companies typically like to fight and drag out litigation as long as possible.  They also do not care as much as you would think about besmirching the name of the company with adverse publicity of big verdicts against them. But this is different – they are worried about the drug’s reputation and their ability to sell more of it.

It is the profits these drugs are bringing in may change the calculus.  It may make it more likely that these companies will prefer settling claims out of court more quickly to protect their profits and avoid the public relations disaster of a verdict and the additional scrutiny on these drugs adverse verdicts could bring.

The thinking is that these defendants might opt to offer substantial settlement payouts to quickly resolve the litigation and mitigate any negative publicity that could arise during a trial. Such a strategy not only helps maintain the brand’s market position but also potentially avoids the exposure of additional harmful evidence that could lead to even higher compensation claims or punitive damages.

So the expectation hope is that defendants will issue significant compensation to claimants sooner rather than later to circumvent the reputational damage and financial unpredictability associated with jury verdicts.

Weight Loss Lawsuits May Have Higher Values than for Diabetes

We think injury lawsuits for patients taking Ozempic and related drugs for diabetes will receive real compensation if the claims are viable.  Still, settlement amounts for Ozempic in weight loss cases may be higher than those for diabetes claims due to several factors.
First, the use of Ozempic for weight loss can involve a different patient demographic, potentially including younger individuals who may experience longer-term or more severe impacts from side effects, thereby increasing the perceived damages. Younger patients generally get higher settlement payouts that older patients in mass tort lawsuits.
Secondly, the expectations and marketing surrounding weight loss medications can create a higher perceived duty of care from pharmaceutical companies to disclose potential risks, which, if not adequately communicated, could lead to greater liability and thus higher settlements. The thinking is that weight loss is far more optional than diabetes so failure to warn those patients is somehow worse. Jurors may view the failure to warn of side effects in a medication used for lifestyle or cosmetic reasons as more egregious than one used for managing a chronic health condition like diabetes, potentially leading to not only a greater chance of winning a failure to warn claim, it could lead to a large punitive damages award.
Additionally, weight loss patients may not have the same underlying health issues as those with diabetes, making it easier to attribute certain side effects directly to the medication rather than pre-existing conditions.  Defense lawyers in this litigation know that juries look for reasons to blame the patient.  Good lawyering can solve most of this problem.  But it is still a thing and this perceived clearer causation can strengthen claims and influence settlement outcomes.

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.

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