Ozempic Lawsuit

What Is Ozempic?

Ozempic is a semaglutide-based medication prescribed to help users manage their blood sugar levels. It is used to treat Type II diabetes and is popular among many patients because it can lead to dramatic weight loss.

Ozempic was the first semaglutide glucagon-like peptide-1 (GLP-1) receptor agonist approved by the U.S. Food and Drug Administration (FDA). It has been on the market since 2017.

Ozempic is an injectable medication typically sold in a pre-filled injector. Users inject the medication weekly.

Who Is Liable for Injuries from Ozempic?

The defendants in the Ozempic lawsuit are drug manufacturers, Novo Nordisk and Eli Lilly and Company. The lawsuits allege that Novo Nordisk and Eli Lilly were aware of the risks but failed to warn users of the potentially serious medical conditions linked to their medications.

Whether the lawsuits will hold the drug companies accountable for the health conditions developed by users remains to be seen. If the plaintiffs can conclusively link their injuries and conditions with the medications, they will likely recover compensation from these drug companies.

What Similar Drugs Are Included in This Lawsuit?

There are several Type II diabetes drugs included in the glucagon-like peptide-1 receptor agonist mass tort. If you took any of these drugs and developed a qualifying illness or condition, you could file a complaint and join the multidistrict litigation against the drug companies. This includes:

• Ozempic (Novo Nordisk)
• Rybelsus (Novo Nordisk)
• Wegovy (Novo Nordisk)
• Saxenda (Novo Nordisk)
• Victoza (Novo Nordisk)
• Mounjaro (Eli Lilly and Company)
• Trulicity (Eli Lilly and Company)
• Zepbound (Eli Lilly and Company)

Who Is Eligible to Join the Ozempic Lawsuit?

The Goldwater Law Firm is evaluating cases for individuals and families nationwide. We can assess your medical history and determine whether you may qualify to participate in the mass tort or file an individual lawsuit against the drug manufacturers.

Key evidence in your case will include your medical records, doctor’s notes, and expert analysis of your condition. Your relevant medical records will also confirm your use of a drug listed in the lawsuit.

The conditions potentially linked to the use of these medications include:

• Blocked intestine (bowel obstruction) requiring hospitalization
• Gastric pacemaker or surgically implanted gastric stimulator
• Gastroparesis (stomach paralysis) with or without hospitalization
• Ileus (intestinal blockage) diagnosis before November 2022
• Malnutrition requiring hospitalization
• Non-arteritic anterior ischemic optic neuropathy (NAION)
• Pulmonary aspiration while under anesthesia or during surgery
• Sudden blurred vision
• Sudden color vision loss
• Sudden dark area or shadow in vision
• Sudden loss of vision in one or both eyes
• Wernicke’s encephalopathy

Your medical records should show a diagnosis of one of these conditions while you used the medication in question or after stopping use.

What Evidence Is Available to Support the Ozempic Lawsuit?

While the discovery phase of the Ozempic lawsuit is just getting underway, there are already a number of peer-reviewed studies available that show links between the use of Glucagon-like Peptide-1 Receptor Agonists and several serious health concerns, including stomach paralysis and gastroparesis.

Anecdotal reports from consumers also show associations with several other conditions.

Some of the research that could come into play in the Ozempic lawsuits include:

• Journal of Investigative Medicine, High Impact Case Reports, 2021: This study found links between medicinally induced gastroparesis and the use of GLP-1 RAs. It also showed that patients’ symptoms may improve when they discontinue the drug.
• Journal of the American Medical Association (JAMA), 2023: This study showed a significant link between semaglutide use and the development of medicinally induced stomach paralysis. This JAMA study looked at long-term GLP-1 RA users who did not have an increased risk of developing gastroparesis due to diabetes.

These studies and testimony from experts and researchers could be crucial in winning compensation in the Ozempic lawsuit. The drug companies may try to claim that many users developed stomach paralysis because of their diabetes, not the medications used to manage blood sugar levels. This makes the JAMA research study critical for plaintiffs.

The Ozempic Mass Tort: Explaining the Multidistrict Litigation

The Goldwater Law Firm is working with co-counsels nationwide to ensure potential plaintiffs understand their rights and options for filing a lawsuit and joining the Ozempic mass tort. Our team knows how to navigate this process and can answer your questions in detail during your free consultation.

In general, here are the facts:

• What: MDL 3094 IN RE: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation
• When: Consolidated into an MDL on February 2, 2024
• Where: U.S. District Court, Eastern District of Pennsylvania

The lawsuits against Ozempic and other GLP-1 RA medications are consolidated into a mass tort known as MDL 3094. This multidistrict litigation was initially assigned to U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania. However, the University of Pennsylvania Carey Law School announced Pratter’s passing in May 2024, temporarily stalling the progress of the case until a new judge could be assigned.

Since Judge Pratter’s death occurred only three months into the MDL, this is not expected to affect the case significantly. The case is still in its earliest stages.

In June 2024, Judge Karen Spencer Marston issued Case Management Order No. 7, introducing her as the new judge overseeing the case. She will preside over MDL 3094, including the remaining pretrial motions, discovery, and bellwether trials.

How Big Is the Ozempic MDL?

The Ozempic multidistrict litigation continues to grow. The U.S. Judicial Panel on Multidistrict Litigation’s official update on August 1, 2024, listed 346 pending actions. This is the count of lawsuits included in the mass tort at this time. This is more than three times as many cases as were listed in the July report when there were 111 pending actions.

This quick growth is likely to continue. Potential plaintiffs are just becoming aware of the pending litigation, and some have only recently been diagnosed with qualifying health conditions. 

Many more potential claimants likely exist. Demand for Ozempic and related drugs has been high enough to cause supply shortages, and some people may be taking these medications off-label for weight loss. Only Wegovy is currently approved for weight loss.

What Is an MDL?

Multidistrict litigation is a legal process that groups similar cases against a single defendant or group of defendants together for certain portions of the legal process. The U.S. Judicial Panel on Multidistrict Litigation (JPML) reviews possible MDLs and determines which ones proceed.

Once the JPML approves a case, the panel consolidates the pending lawsuits under one judge in a U.S. District Court. This judge will oversee the MDL, which includes several stages. Primarily, the cases remain consolidated for pretrial motions, discovery, and bellwether trials.

These judges often review and approve settlement agreements, too. This could occur in the Ozempic case if the evidence against the drug manufacturers is strong enough to show a distinct link between using the medication and the development of stomach paralysis and other serious medical concerns.

What Is the Advantage of an MDL?

There are several reasons why multidistrict litigation exists and why the JPML wants to consolidate cases when possible. The advantages extend to the plaintiffs, defense, and the court system. They include:

• Preventing hundreds or even thousands of similar lawsuits from creating delays and a backlog in the lower courts as each one is heard separately
• Allowing the plaintiffs to pool their resources and work together to build a case against a multinational corporation that no single individual would have the money to fight
• Allowing the defendants to focus on only one case instead of navigating the process over and over in lower courts for each individual lawsuit

With bellwether trials, the MDL process also allows all parties to see how their evidence will work and how a jury will react to their case. In a way, these cases provide a sneak peek into what could happen when other cases go to trial. The outcome of a bellwether trial in the plaintiff’s favor often supports settlement offers.

What Is the Current Status of the Ozempic MDL?

The Ozempic multidistrict litigation is still in its earliest stages as of August 2024. Pretrial motions and the discovery process are underway, and a Science Day should occur soon. A Science Day is somewhat unique in these cases but is common in litigation related to dangerous pharmaceuticals.

During this hearing, each side will present the scientific side of their story. They will not discuss individual cases or use examples from plaintiffs. Instead, they will discuss the research that backs their claims, the injuries suffered, and how the drugs are meant to work. The purpose of this hearing is to help the judge better understand the case while sharing evidence between the parties.

Following Science Day, the case will likely continue with the investigation and discovery process. This takes time in these cases, especially when the research is just beginning and experts still need to be identified. To win their cases, plaintiffs must demonstrate how these drugs contribute to the health conditions in question.

How Do MDLs End?

There are several ways that multidistrict litigation can end. When plaintiffs win compensation, it most commonly comes in the form of a settlement offer from the defense. This could occur following discovery, before the bellwether trials, during these trials, or afterward.

Bellwether trials are several jury trials that occur in multidistrict litigation. The purpose of these trials is to allow each side to see how their case works in court. When plaintiffs win bellwether trials, this often prompts the defense to offer settlements because they see they are not likely to win at trial.

When defendants win bellwethers, this could signal to some or all plaintiffs that it is time to drop their case. Alternatively, if they do not accept a settlement or there is no settlement offer, the plaintiff can take their case to trial in the jurisdiction where they initially filed their lawsuit.

How Much Is an Ozempic Lawsuit Settlement Worth?

It is much too early in the process of the Ozempic lawsuit to know how much plaintiffs might recover for their injuries if a settlement or payout occurs. However, one must remember how these cases work. Unlike a class action lawsuit where every party involved shares a portion of the same payout, MDLs can result in individual lawsuits.

This means that each plaintiff (or their legal team) negotiates their own Ozempic settlement and can accept or reject any offer. This also means that the potential value of their payout depends on the unique facts of their case, including the expenses and losses they incurred because of their health condition.

Some of the commonly recoverable damages that occur in dangerous drug cases include:

Treatment and Care Costs

A settlement or payout should consider your current and future medical needs and the cost of treatment or management of your condition. It is imperative to consider your need for therapies, rehabilitation, or other treatments, too. You should not have to shoulder the burden of paying for care for the damage a pharmaceutical company caused.

Future Medical Care Needs

Many people filing lawsuits and participating in MDL 3094 have continuing injuries or new disabilities because of their diagnosis. Medical experts can help estimate ongoing or future care costs if you have continuing symptoms or lasting injuries.

Lost Income

A serious health condition could keep you away from work for an extended period. It is possible to recover compensation for your lost pay or secure money based on your diminished earning capacity if permanent disabilities prevent you from returning to work.

Pain and Suffering

While many plaintiffs focus on their economic expenses and losses, many suffer larger noneconomic losses. This includes physical pain and suffering, emotional damages, mental anguish, distress, and other intangible losses. Your attorney can explain how they estimate the potential value of these damages.

Disability and Reduced Enjoyment of Life

If you have a new disability or impairment due to the medical condition you developed, you could recover compensation for the related intangible losses, including reduced quality of life and reduced enjoyment of life. Unfortunately, many people cannot participate in their previous activities because of serious health conditions linked to Ozempic or another similar drug.

Wrongful Death Damages

Unfortunately, some of the health conditions potentially linked to GLP-1 RAs can be fatal. If a loved one passes away before they can file a complaint and participate in MDL 3094, their surviving family members may recover damages through a wrongful death lawsuit.

Punitive Damages

Punitive damages are rare and may not be available in the Ozempic lawsuit. However, juries sometimes award these damages in dangerous drug cases when they believe the pharmaceutical company acted intentionally, fraudulently, or in bad faith. These damages penalize the defendants and send a clear message to other companies not to behave similarly.

How Can I File a Complaint and Join the Ozempic Lawsuit?

If you believe you meet the eligibility requirements to join MDL 3094 or pursue an individual lawsuit against the manufacturers of Ozempic, Wegovy, Rybelsus, Saxenda, Victoza, Mounjaro, Trulicity, and Zepbound, contact our team for a free consultation. We will assess your options and explain the process. We are working with co-counsels nationwide and can help clients in all 50 states.

When the JPML consolidated the cases, each plaintiff had filed a complaint and began the litigation process in their local jurisdiction. This is still a valid approach to these cases. However, there are also other options.

As in most MDLs, the U.S. District Court for the Eastern District of Pennsylvania has made it easy for plaintiffs to join the case. Your attorney can prepare and file paperwork directly with the court. A direct filing order created these provisions on July 14, 2024. Direct filing makes the process more efficient for the court and easier and less expensive for plaintiffs and their lawyers.

Using a direct filing process does not change your ability to take the case back to your local jurisdiction, if necessary, later. Administratively, directly filed cases are no different from those filed as full lawsuits in another jurisdiction and consolidated into the mass tort.

How Much Will It Cost to File an Ozempic Lawsuit and Fight for Justice?

Most personal injury lawyers represent clients based on contingency fees. This is true of the dangerous drug and defective product attorneys who are managing Ozempic lawsuits, too. You should not have to pay a retainer or other upfront costs or fees when you hire a lawyer to represent you. The attorney’s fees for handling these cases come from the compensation recovered in the case.

Using the multidistrict litigation process to handle your Ozempic case will also save you money. A significant advantage of a mass tort is that the plaintiffs all share resources. This means your case will benefit from experts, specialists, researchers, and other key evidence without you paying significant sums to hire these parties to testify on your behalf.

Every law firm handles fees and costs differently. You will want to have a frank discussion about payments with the law firm representing you before you agree to their representation. Most contingency fee firms take only a percentage of the settlement or payout, and the client only pays if they receive compensation in the case.

What Is the Timeline for Filing an Ozempic Lawsuit?

The Ozempic lawsuit will likely continue to grow for a year or more. There could be thousands of victims who suffered injuries because of their GP-1 RA use. However, you should act as soon as you learn about your eligibility.

There are deadlines for filing a lawsuit. They are set by state law. The statute of limitations for suing based on your qualifying health concern could be as little as a year from the diagnosis date. Some states only provide one year to sue. Two- or three-year statutes of limitations are more common. A few states offer four, five, or six years.

When you talk to our team about your case, we will determine the deadline that applies. This will provide critical information about how quickly you need to proceed to ensure your right to take your case to court remains protected.