Ozempic Lawsuit: Court Filings and Legal Analysis
Purpose of This Page
This page provides up-to-date information on ongoing litigation involving Ozempic, including details about the nature of the lawsuit, recent court filings, and expert analysis. Whether you are a healthcare professional, a current or prospective user of Ozempic, or a legal expert, this page aims to keep you informed on all relevant developments.
Introduction to the Ozempic Lawsuit
Ozempic, a medication approved for the treatment of type 2 diabetes, has recently gained attention for its use in weight management. Manufactured by Novo Nordisk, Ozempic works by mimicking a hormone that targets areas of the brain involved in appetite regulation.
Numerous lawsuits have been filed against Novo Nordisk as victims claim Ozempic caused gastroparesis, ileus, intestinal blockages, and other serious health concerns. Furthermore, they claim the manufacturer didn’t warn them of these risks. The first Ozempic lawsuit was filed in August 2023, and on February 2, 2024, at least 55 lawsuits were combined into a multidistrict litigation (MDL). MDLs are meant to reduce the burden on federal district courts and speed up the process of handling multiple complex cases that share a similar concern.
Update Frequency
This page is updated bi-weekly with the latest filings and significant developments in the lawsuit.
Recent Court Filings
May 17, 2024: In a recent defendant statement Novo Nordisk and Eli Lilly outline their strategy to reduce liability and minimize plaintiffs’ recoveries. They covered the benefits of Ozempic and Mounjaro and countered the plaintiffs’ focus on warning adequacy for GLP-1RAs, especially for semaglutide drugs. The defense categorizes the lawsuits into different injury classes in order to pressure the plaintiffs into providing specific evidence for each of the cases. They also push for plaintiffs to disclose information about unfiled cases, which is not legally required. They also set the stage for early motions to dismiss by demanding objective testing for “gastroparesis” which is meant to complicate the plaintiffs’ burden of proof.
May 3, 2024: The plaintiffs filed a statement in the Ozempic lawsuit responding to the defendants’ “Statement of the Case.” The plaintiffs’ statement outlines their argument and tries to dismiss the defendants’ claims. Their argument highlights a conflict between the parties over what should be required to file a GLP-1RA lawsuit. The defendants argue that a gastric emptying study should be necessary while the plaintiffs’ lawyers say that a doctor’s diagnosis of gastroparesis, stomach paralysis, or bowel injuries is sufficient, at least in the early stages of a lawsuit.
April 30, 2024: Judge Pratter scheduled “Science Day” for June 14, 2024. It will provide an overview of the medical and scientific issues relevant to the Ozempic lawsuit. Parties will have time to present their positions to the Judge and it would be interesting to know which weight loss drugs the Plaintiff’s lawyers will focus on. Unfortunately, Judge Pratter ruled that Science Day will be confidential to the Court.
April 20, 2024: Plaintiffs and defendants begin submitting their positions to Judge Pratter and early court documents establish the lawsuit is about manufacturers not properly warning consumers of drug risks like gastroparesis and other stomach, intestinal, and bowel problems.
April 9, 2024: Novo Nordisk and Eli Lilly file a joint defense statement outlining their defense strategy as they face 117 lawsuits (100 against Novo Nordisk, 8 against Eli Lilly, and 9 against both).
April 1, 2024: There’s a total of 74 lawsuits in the MDL related to gastroparesis, ileus, and intestinal blockages/obstructions.
March 15-31, 2024: Judge Gene E.K. Pratter seeks to establish a schedule for legal proceedings and litigation leadership to manage the consolidated cases.
March 14, 2024: The first status conference is held to discuss how the Ozempic cases would be filed. So far, 18 lawsuits have been consolidated in the U.S. District Court for the Eastern District of Pennsylvania with 37 others pending consolidation.
February 15, 2024: MDL 3094 was created to handle Glucagon-Like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation.
January 20, 2024: Plaintiffs applied to organize Ozempic/Mounjaro cases into an MDL but manufacturers were split on their responses.
Origin of the Lawsuit
The first Ozempic lawsuit was filed in August 2023 against drug manufacturers Novo Nordisk and Eli Lilly. The claim called out improper warnings of gastrointestinal issues associated with Ozempic and Wegovy. Over the next several months, more and more research came out confirming the risks of GLP-1 agonists that consumers are unaware of when using these medications. Meanwhile, the number of people using these medications for weight loss skyrocketed.
Evolution of the Lawsuit
With knowledge spreading about the risks of GLP-1 weight loss drugs, more claimants filed claims against Novo Nordisk and Eli Lilly. As the number of cases grew internationally, discussions began about consolidating cases into an MDL. Most Ozempic lawsuits cited serious gastrointestinal problems like gastroparesis and intestinal blockages with inadequate warnings that could have influenced patients’ decisions to use these drugs. Manufacturers continue to stand by the drugs’ current FDA-approved warnings and “revolutionary” capabilities. They suggest claims against them have limited evidence.
Legal Issues at Stake
Key legal issues of the Ozempic lawsuit include the inadequacy of drug warnings under FDA regulations (particularly around the severity of gastrointestinal issues such as gastroparesis and ileus), the manufacturers’ alleged negligence in safety disclosures, and their potential liability for harm caused to consumers.
In other words, this is a failure to warn issue. Drug manufacturers did not properly warn consumers about drug risks and their severity, impacting consumers’ ability to make an informed decision about whether or not to take the medication. Now, many of these patients are developing conditions that have negatively impacted their health and quality of life.
Summary of Allegations
Plaintiffs claim that Novo Nordisk engaged in misleading marketing practices by downplaying serious risks associated with Ozempic, which they argue violates federal safety regulations.
The Federal Lawsuit Process Explained
- Lawsuits with a common complaint are filed in at least two different federal district courts.
- A movement is made to consolidate cases into a multidistrict litigation (MDL) proceeding.
- The U.S. Judicial Panel on Multidistrict Litigation (JPML) approves or disapproves MDL creation.
- The JPML selects the judge and location for the MDL proceedings.
- Existing cases are transferred and new cases are added to the MDL.
- Pre-trial steps take place, including the discovery phase, motions, and hearings.
- From there, there are usually three options for next steps:
- The cases are dismissed.
- The plaintiffs and defendants reach a settlement.
- One or more cases are named bellwether cases and go to trial, potentially at their original court.
- The JPML closes the MDL once all cases are handled.
Glossary of Legal and Medical Terms
Find definitions for technical terms and jargon related to the lawsuit and Ozempic’s medical context
- Bellwether trials: A small group of MDL cases that act as test trials for attorneys to get a better sense of how they’ll likely be handled
- Class action lawsuit: Legal process where one or more plaintiffs file a lawsuit on behalf of a larger group of people who have a similar complaint
- Economic damages: Financial damages caused by the defendant
- Eli Lilly: Drug manufacturer of Mounjaro
- Failure to warn: The manufacturer didn’t adequately warn the public of all potential product (drug) risks
- Food and Drug Administration (FDA): Federal organization responsible for protecting the public’s health and ensuring the safety of drugs, medical devices, and other consumer goods.
- Gastrointestinal problems: Medical issues related to the stomach and intestines.
- Gastroparesis: Stomach paralysis, also referred to as delayed gastric emptying, where your stomach can’t move food from the stomach to the small intestine normally
- Glucagon-like peptide-1 receptor agonists (GLP-1 agonists): A class of drugs designed to reduce blood sugar and energy intake to treat type 2 diabetes and obesity
- Ileus: Medical condition where your intestine can’t contract normally to move food and waste out of the body
- MDL 3094: Official MDL for Ozempic cases, referred to as “Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation”
- Mounjaro (tirzepatide): An injectable GLP-1 agonist medication originally approved for type 2 diabetes and later for weight loss (as Zepbound)
- Multidistrict litigation (MDL): Multiple civil lawsuits from around the country are consolidated and transferred to one federal district court to speed up and simplify the legal process.
- Non-economic damages: Subjective, non-monetary losses caused by the defendant, such as pain and suffering, distress, reputational damage, decreased quality of life, etc.
- Novo Nordisk: Global healthcare company and drug manufacturer of Ozempic
- Ozempic: An injectable GLP-1 agonist medication used to treat type 2 diabetes and now used as a weight loss drug
- Punitive damages: Additional “exemplary” damages awarded outside of compensatory damages to punish the defendant for negative behavior or negligence
- Recoverable damages: Damages plaintiffs can gain from defendants, including economic, non-economic, and punitive damages
- Rybelsus (semaglutide): A tablet-form GLP-1 agonist medication used to treat type 2 diabetes and shown to aid with weight loss
- Settlement: An agreement where the plaintiff agrees to take a certain amount of compensation in exchange for not taking the defendant to court.
- Statutes of limitations: State-specific deadlines individuals have to file a claim that differ based on claim type
- Trial verdict: If a settlement isn’t reached, the case will go to court where the judge or jury issues a final verdict
- Wegovy (semaglutide): An injectable GLP-1 agonist medication used for weight management
Frequently Asked Questions (FAQs)
Read our answers to frequently asked questions for more information.