55 Lawsuits Alleging Side Effects From Weight Loss Drugs Centralized in Single Litigation

Plaintiffs claim they suffered from gastroparesis, a condition in which an individual’s stomach fails to properly empty, after taking drugs like Ozempic.
In this photo illustration, boxes of the diabetes drug Ozempic rest on a pharmacy counter in Los Angeles on April 17, 2023. Mario Tama/Getty Images
Updated:

A judicial panel centralized several lawsuits filed against weight loss drugs like Ozempic and Wegovy, alleging that the medications failed to warn about potential gastrointestinal side effects.

On Friday, a U.S. judicial panel ruled that the various cases against pharma companies Novo Nordisk and Eli Lilly be centralized into a single multidistrict litigation (MDL). The cases were filed against three Novo Nordisk products—Ozempic, Wegovy, and Rybelsus—and two from Eli Lilly—Trulicity and Mounjaro. These products are GLP-1 receptor agonist (RA) drugs prescribed for treating type 2 diabetes and help certain obese or overweight individuals lose weight. Plaintiffs allege they suffered gastrointestinal injuries due to using the drugs, including gastroparesis, a condition in which a person’s stomach does not empty properly.

The lawsuits claim that the companies failed to adequately warn users and doctors about the dangerous potential gastrointestinal side effects of the drug.

“While the efficacy of these drugs is great, the off-label marketing and promotion for unindicated use is rampant like I’ve never seen,” said Cameron Stephenson, an attorney from law firm Levin Papantonio Rafferty (LPR) who is representing several claimants in the lawsuits, according to a Feb. 2 press release by LPR.

GLP-1 RA drugs mimic a natural human glucagon-like peptide (GLP-1) in order to slow down the passing of food through the stomach.

Individuals who suffer from gastroparesis can experience dehydration from repeated vomiting, difficulty in controlling blood sugar levels, and malnutrition due to poor nutrient absorption—consequences that can be life-threatening.

“I predict that we are just beginning to understand the permanency that could be associated with these injuries,” Mr. Stephenson said.

The lawsuits also allege other gastrointestinal issues like ileus and intestinal obstructions suffered by the plaintiffs. Ileus is a condition in which the intestine is unable to push food and waste out of the body.

Novo Nordisk said in a statement to The Epoch Times that they are “pleased with the … decision to coordinate federal lawsuits related to GLP-1RA medicines in a multidistrict litigation proceeding.”

However, “Novo Nordisk believes that the allegations in these lawsuits are without merit, and we intend to vigorously defend against these claims.”

The known risks and benefits of semaglutide “are described in their FDA-approved product labeling,” it said. Semaglutide is the active ingredient in Ozempic, Wegovy, and Rybelsus.

“Novo Nordisk stands behind the safety and efficacy of all of our GLP-1 medicines when they are used as indicated and when they are taken under the care of a licensed healthcare professional.”

Eli Lilly objected to the MDL. Fifty-five cases have been filed against the companies so far. Novo Nordisk is facing the majority of lawsuits, with 42 out of the 55 cases against the company and the remaining 13 against Eli Lilly.

Ozempic’s Gastrointestinal Issues

In an interview with lifestyle publication The Cut, endocrinologist Dr. Caroline Messer said that gastroparesis is more than a side effect and is actually part of the reason why people who take GLP-1 drugs like Ozempic lose weight. “It’s one of the mechanisms of action.”

“They reduce the transitive food through the gut, which is literally the definition of gastroparesis. No one’s trying to keep it a secret. That’s why you feel more full.”

Gastroenterologist Dr. Will Blackett said that the first step in treating gastroparesis would be to stop taking any medications contributing to the condition, like GLP-1 drugs.

Ozempic doesn’t list gastroparesis explicitly as a side effect of taking the drug. However, it does list symptoms like nausea, stomach pain, constipation, and vomiting.

In September last year, the U.S. Food and Drug Administration (FDA) added ileus as a gastrointestinal side effect of Ozempic.

Speaking to Tucker Carlson, Calley Means, a former pharmaceutical consultant, said that Ozempic “medically is an absolute disaster.”

“They (Novo Nordisk) don’t allow this drug for obesity in Europe. Almost all of Novo Nordisk’s revenue is coming from taking advantage of Americans. This is not the first line of defense for obesity in any European country. It’s not approved by the government regulators,” he said. “They are saying on their stock calls that all of their growth is coming from the United States. They’re taking advantage of a broken U.S. system.”

Novo Nordisk is headquartered in Denmark.

MDL Litigation

According to the ruling, 13 out of the 55 lawsuits have been filed in the Eastern District of Pennsylvania, the most in any district. As such, the panel decided Pennsylvania would be an “appropriate transferee district” where the single MDL would be litigated.

“Novo Nordisk Inc.’s headquarters is in nearby Plainfield, New Jersey, and it is alleged that many of the witnesses and documents relating to the sales and marketing, regulatory affairs, and safety and pharmacovigilance of Novo Nordisk’s products will be located there. The Eastern District of Pennsylvania also provides a convenient and accessible location for this nationwide litigation.”

Those who opposed creating an MDL argued that the drugs manufactured by Novo Nordisk and Eli Lilly contain different molecules and have different regulatory histories, labeling, marketing conduct, and side effects.

However, the panel concluded that the medications “share a mechanism of action and physiologic effect.” Claims against both firms “are likely to involve some common discovery, particularly with respect to the alleged biological mechanism of injury and may entail overlapping expert witnesses.”

As such, centralizing the lawsuit into an MDL would be an “efficient pretrial approach to this litigation.”

The panel said that the number of related cases could be in the thousands. Any future lawsuits will now become part of the multidistrict litigation. Decisions taken in the MDL case will apply to all lawsuits clubbed with it.
Law firm LPR already has hundreds of cases ready for filing in the newly created MDL and said that it was investigating over 1,000 more similar cases.