MDL Judge Schedules Initial Conference for Lawsuits Over Ozempic, Wegovy and Other GLP-1 RA Drugs

The U.S. District Judge recently appointed to preside over all consolidated federal glucagon-like peptide-1 receptor agonists (GLP-1 RA) drug stomach paralysis lawsuits has scheduled an initial status conference for next month, at which time the parties will meet to discuss how the coordinated pretrial proceedings will be conducted.

Originally approved for the treatment of type 2 diabetes, Ozempic, Wegovy, Mounjaro and other GLP-1 drugs have more recently been identified as breakthrough weight loss treatments. This has led them to quickly become blockbuster medications used by individuals throughout the United States.

However, evidence has emerged over the past year that certain users experience a painful and debilitating stomach paralysis, known as gastroparesis, which lawsuits allege was not fully disclosed by the drug makers on the warning labels.

As a result, a growing number of Ozempic lawsuits, Wegovy lawsuits and Mounjaro lawsuits have been filed in recent months, each raising nearly identical allegations that drug makers withheld critical information from consumers and the medical community to increase profits.

On February 2, after hearing oral arguments last month, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order calling for all stomach paralysis lawsuits involving any GLP-1 medications to be consolidated for coordinated pretrial proceedings under U.S. District Judge Gene E.K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania.

Stomach paralysis lawyers anticipate hundreds or even thousands of claims are likely to be filed in the coming months and years, in line with the growing popularity of Ozempic, Wegovy and Mounjaro prescriptions. The JPML noted some estimates indicate nearly 2% of the U.S. population have been prescribed these drugs for either diabetes treatment or weight loss.

Ozempic Lawsuit MDL Initial Status Conference

Now that Ozempic, Wegovy and Mounjaro gastroparesis lawsuits have been consolidated, Judge Pratter is expected to put a schedule in place to prepare some representative cases for early bellwether trials, to help the parties gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.

On February 15, Judge Pratter issued the first case management order (PDF), calling for an initial organizational conference to be held on March 14.

Judge Pratter indicates the conference will focus on how the multidistrict litigation (MDL) will be conducted, including the process for selecting lead counsel, how frequently status conferences will be held and their format, the management of new filings and a schedule for expected filings, and the procedures for motion filings.

“The foregoing is not an exhaustive list of matters to be addressed at the March 14, 2024 Conference,” Judge Pratter noted. “Counsel are encouraged to meet and confer with each other promptly in anticipation of the conference.”

The judge indicated the court will send out a full, final agenda before the close of business on March 12.

Following the coordinated pretrial proceedings in the MDL, if the parties are unable to negotiate Ozempic settlements or another resolution for the litigation, Judge Pratter may later remand each case back to the U.S. District Court where it was originally filed for trial.