Centralization of Ozempic, Wegovy NAION Lawsuits Sought in New Jersey State Court

At least 21 Ozempic and Wegovy lawsuits involving vision loss from NAION have been brought in the state court system, according to a request to establish a multi-county litigation (MCL).

Already facing thousands of Ozempic lawsuits and Wegovy lawsuits over gastrointestinal problems that have been brought in the federal court system, Novo Nordisk now also faces a growing number of claims involving vision loss, which some plaintiffs are requesting be consolidated into a mass tort in New Jersey state court.

The drug manufacturer introduced Ozempic (semaglutide) to the market in 2017, as a type 2 diabetes treatment. However, after it was determined that the drug also carried significant weight loss benefits, Novo Nordisk released Wegovy, which it now aggressively markets as a safe and effective diet drug .

The medications are part of a popular new class of medications, known as glucagon-like peptide-1 (GLP-1) receptor agonists, which also include Eli Lilly medications like Mounjaro and Zepbound. The drugs have been wildly popular, but also have been linked to various health concerns, such as stomach paralysis and intestinal obstruction, leading to nearly 2,000 GLP-1 lawsuits being filed by former users throughout the U.S.

Ozempic, Wegovy NAION Vision Loss

New concerns about potential vision loss side effects from Ozempic and Wegovy began to emerge last July, following the publication of a study by Harvard researchers that found users may face a seven-fold increased risk of non-arteritic anterior ischemic optic neuropathy (NAION), which can result in sudden vision changes, blurred sight, blindness or other symptoms.

Earlier this month, the European Medicines Agency (EMA) Pharmacovigilance Risk Assessment Committee (PRAC) announced that its investigators have found a link between Ozempic and Wegovy and NAION as well, recommending that new warnings be added to the drugs’ labels.

As a result, several Wegovy and Ozempic NAION lawsuits have since been filed by former users, who say they suffered vision loss due to the drug makers’ failure to warn about the potential side effects. Plaintiffs say Novo Nordisk knew, or should have known, about the potential vision loss problems before the drugs were placed on the market.

On June 12, a group of 21 plaintiffs with Ozempic or Wegovy NAION vision loss lawsuits pending in the New Jersey state court system filed a request (PDF) with the Administrative Office of the Courts, requesting the creation of a multicounty litigation (MCL), which would place all of the state NAION lawsuits under one judge for coordinated pretrial proceedings, which they say would serve the convenience of the parties, courts and witnesses as the litigation progresses.

“It is our impression based on conversations with counsel for Defendant, Novo Nordisk, that they agree a coordination is warranted… Extensions for responses to the complaints have been afforded in the earlier filed cases in light of an anticipated coordination to avoid multiple serial motions before different judges on the pleadings. However, many weeks have already elapsed, and Plaintiffs are eager to see their cases advance in accordance with Best Practices.”

–Request for Multicounty Designation of NAION Ozempic/Wegovy Litigation

According to the letter, the 21 Ozempic or Wegovy NAION lawsuits filed in New Jersey state court are currently spread across eight different judges in Middlesex County. Novo Nordisk is headquartered in Plainsboro, New Jersey, so plaintiffs anticipate cases will continue to be filed in that county by plaintiffs nationwide.

Plaintiffs have requested the claims be consolidated in Middlesex County under Judge Bruce Kaplan. However, they also indicated Atlantic or Bergen County would be acceptable venues.

Ozempic, Wegovy Gastrointestinal Lawsuits

In the letter, plaintiffs point out that there are also at least 25 cases involving gastrointestinal injuries filed in New Jersey state courts as well, but emphasized that this MCL should only involve vision loss injuries. 

Most of the stomach paralysis and other gastrointestinal lawsuits over Ozempic, Wegovy and other GLP-1 medications have been filed in the federal court system, where they are already centralized in the Eastern District of Pennsylvania under U.S. District Judge Karen Marston.

To help test how juries may respond to certain evidence and testimony that will be central throughout thousands of individual claims, Judge Marston is presiding over coordinated discovery and pretrial proceedings to prepare a small group of cases for early trial dates.

While the outcomes of these early test cases will not be binding on other claims, they will be closely watched and may help the parties negotiate GLP-1 settlements to resolve large numbers of lawsuits in the future.

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