Many people who experienced serious side effects from using popular GLP-1 drugs like Ozempic, Wegovy, Mounjaro, and Trulicity, have sued the manufacturers in mass tort litigation. Recently, a federal panel ruled that the claims regarding vision loss should be independent from the gastrointestinal injury claims.
Healthcare providers have been prescribing semaglutides or GLP-1 drugs for diabetes treatment and as weight management. However, some patients are reporting adverse events with these medical treatments. The most severe of which is stomach paralysis (gastroparesis) and sudden vision loss.
Who Are the Plaintiffs Suing GLP-1 Companies?
The plaintiffs are people who took GLP-1 drugs to help with Type 2 diabetes and weight loss but have suffered severe side effects such as intestinal blockages, stomach paralysis (gastroparesis), pancreatitis, gallbladder disease, and other gastrointestinal problems. Some also have experienced vision loss called non-arteritic anterior ischemic optic neuropathy or NAION. This means the optic nerve does not get enough blood flow causing damage and permanent blind spots in the eye.
Who Are the GLP-1 Companies Being Sued?
The defendants are pharmaceutical companies that manufacture and sell GLP-1 medications. Novo Nordisk makes Ozempic, Wegovy, and Rybelsus. Eli Lilly makes Mounjaro, Zepbound, and Trulicity.
What Are the Plaintiffs Claiming?
The plaintiffs allege that they were not given proper warnings from the companies about the serious risks for gastrointestinal injuries and vision loss from taking these medications and that the company knew or should have known about these risks. They also claim that in marketing to patients and doctors, the companies did not fully disclose these risks or omitted patient safety information.
The plaintiffs are asking the court for:
- Compensation for past and future medical expenses relating to the GLP-1 injuries
- Lost wages due to illness and ability to earn money in the future due to injuries
- Compensation for pain and suffering, emotional distress, and loss of enjoyment
- Some cases are also pursuing punitive damages.
The plaintiffs are being represented by personal injury attorneys.
What Are the Defendants Claiming?
The drug makers counter that they have adequately and publicly disclosed the potential risks for gastroparesis, so there was not a failure to warn patients. They also argue that these warnings are thoroughly vetted by the FDA. The companies must follow strict regulations for FDA approval which includes warnings about increased health risks and side effects.
The Issue With Mass Litigation
There are almost 3,000 cases in federal multidistrict litigation (MDL) known as “GLP-1 Receptor Agonists Products Liability Litigation.” It is being heard in the Eastern District of Pennsylvania. The earlier claims involving gastrointestinal issues have advanced to the early to mid-pretrial discovery stage. Claims involving vision issues came later. The drug manufacturers requested that all vision loss lawsuits be merged into the original gastrointestinal lawsuits.
The U.S. Judicial Panel on MDL ruled that the cases involving vision loss could be tried separately from the February 2024 gastroparesis injury lawsuit. The vision loss cases will be an independent mass litigation in Philadelphia's federal court.
The reasons why the panel may have separated the claims is due to the different types of injuries. You would need experts to testify about the patients’ medical records and conditions. An ophthalmology expert could certainly talk about the eye conditions and permanent vision loss but may not be able to discuss intestinal obstructions or stomach paralysis.
Additionally, the court may look at the timing of the lawsuits. The original Ozempic lawsuit started in February 2024 and is now in the pre-trial discovery stage. Most claims for vision problems were filed after a published July 2024 study about the GLP-1 drugs being associated with a higher risk for adverse vision changes.
Judge Karen Spencer Marston in the Eastern District of Pennsylvania will supervise both MDLs. However, splitting lawsuits into two tracks, the vision loss lawsuit is now called the “Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Non-Arteritic Anterior Ischemic Optic Neuropathy Products Liability Litigation.” While it doesn’t exactly roll off the tongue, perhaps it will pave the way for a more efficient resolution.
Related Resources
- In Re: Glucagon-Like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation (2024) (FindLaw’s Cases and Codes)
- Wrongful Death Lawsuit Looks To Sink Royal Caribbean Cruise Lines for Homicide of Overserved Passenger (FindLaw’s Courtside)
- Novo Says 'No, No' to Copycat Companies Making Ozempic (FindLaw’s Law and Daily Life)
