Mass Tort Case Involving Ozempic Kicks Off in Pennsylvania
On February 2, 2024, plaintiffs in nine lawsuits involving Ozempic and other glucagon-like peptide-1 receptor agonists (GLP-1 RAs) petitioned to consolidate the cases. At that time, the litigation involved 18 cases in eleven different courts. The number of lawsuits has continued to increase (Currently, 37 are pending consolidation.).
An order was issued consolidating the cases into Multi-District Litigation (MDL) in the Eastern District of Pennsylvania. MDL 3094 involves personal injury lawsuits alleging product liability claims. The lawsuits are filed against the manufacturers of GLP-1 RAs. Novo Nordisk manufactures Ozempic, Wegovy, and Rybelsus. Eli Lilly and Company manufactures Trulicity and Mounjaro.
What Is Multi-District Litigation?
An MDL is not a class action lawsuit. It consolidates lawsuits against the same defendants regarding a central allegation. An MDL consolidates the lawsuits for discovery since all plaintiffs will likely ask for the same documents and information from the defendants. It makes the process less time-consuming and costly for all parties.
Additionally, plaintiffs and defendants will likely file similar pre-trial motions arguing the same issues. It is more judicious to settle the issues once and apply them to all lawsuits.
However, when it is time for trial, each case is tried separately. Another benefit of MDLs is that the parties can see how each case is decided. Depending on the outcome of the first few cases, the parties may engage in additional settlement negotiations to avoid taking other cases to trial.
Thousands of lawsuits have been filed in the Ozempic MDL, and the total number of lawsuits is estimated to be over 10,000.
Why Are People Suing the Manufacturer of Ozempic and Other CLP-1 RAs Medications?
Ozempic and other GLP-1 RA medications are prescribed to treat type 2 diabetes. However, it was discovered that the medications are also effective for weight loss, so their popularity grew rapidly.
However, some patients began to suffer serious side effects and conditions after using the medications. Gastroparesis is a serious condition that slows or stops the movement of food through the stomach to the small intestine. If not treated, it could result in deadly complications.
Other medical conditions that have been linked to Ozempic and other GLP-1 RAs medications include:
- Gastrointestinal issues, including bowel obstructions and pancreatitis
- Vision loss
- Deep vein thrombosis
- Gallbladder issues
- Ileus
- Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION)
- Esophageal damage
- Pulmonary Aspiration
The lawsuits allege that the manufacturers knew or should have known that their medications could cause gastroparesis and other severe medical conditions. However, they failed to adequately warn physicians and consumers of the potential risks of using the medication.
The lawsuits also question whether the manufacturers made incomplete, misleading, or false representations about their products.
Damages Available in the Ozempic Lawsuits
Plaintiffs in the Ozempic lawsuits can seek compensation for injuries, financial losses, and emotional suffering. A product liability claim can result in economic damages and non-economic damages, including:
- Past and future medical expenses
- Disabilities and permanent impairments
- Rehabilitative therapy and care
- Loss of enjoyment of life
- Pain and suffering
- Past and future loss of income
- Scarring and disfigurement
- Diminished quality of life
- Reduction in earning capacity
- Emotional distress and mental anguish
- Long-term care
The damages will vary by case because each case has unique facts. Juries will determine how much a plaintiff is entitled to receive if they prove their claim. If a patient dies as a result of their injuries, family members can file a lawsuit seeking wrongful death damages.
How Do I Know if I Can File an Ozempic Lawsuit?
If you are taking Ozempic or another GLP-1 RA medication, talk with your doctor about any concerns you have. Report side effects and problems immediately to your doctor.
If you have experienced adverse effects, you might have a claim. The best way to know if you should file an Ozempic lawsuit is to schedule a free consultation with an Ozempic lawyer to discuss your situation.