Ozempic, Wegovy Vision Loss Lawsuits Sent to Stomach Injury Judge, as Separate MDL

JPML predicts significant overlap between the GLP-1 vision loss claims and science involved in stomach injury lawsuits already being pursued.

A federal judicial panel has agreed to consolidate all lawsuits over vision side effects from Ozempic, Wegovy, and similar diabetes and weight-loss drugs in an Eastern District of Pennsylvania court, centralizing the claims before the same U.S. District Judge already presiding over pretrial proceedings in thousands of claims against the same drug makers over the failure to warn about gastrointestinal risks.

At least 21 Ozempic and Wegovy vision loss lawsuits have been filed in three different federal district courts nationwide by former users who say the drugs’ side effects include a rare vision condition known as nonarteritic anterior ischemic optic neuropathy (NAION), which can lead to blurred vision or blindness.

The medications belong to a class of drugs called glucagon-like peptide-1 (GLP-1) receptor agonists, which also include Mounjaro, Zepbound, Saxenda, Trulicity, Rybelsus and others. While the popular medications began as diabetes treatments, in recent years they have been linked to significant weight loss benefits, prompting a surge in new formulations.

As their use became more widespread, GLP-1s have been linked to several side effects, including a severe form of stomach paralysis known as gastroparesis, intestinal obstructions, hair loss and NAION. However, most of the NAION litigation has focused on Ozempic, Wegovy, Saxenda and Trulicity.

While Eli Lilly, the makers of Mounjaro and Zepbound, has been the subject of very few NAION claims, the manufacturer filed a motion in August calling for all GLP-1 vision loss lawsuits to be consolidated under U.S. District Judge Karen Marston as a multidistrict litigation (MDL) in the Eastern District of Pennsylvania. 

Federal claims involving more than 2,900 GLP-1 stomach paralysis lawsuits are already centralized under Judge Marston.

GLP-1 Vision Loss Lawsuits Centralized

The U.S. Judicial Panel on Multidistrict Litigation (JPML) heard oral arguments about GLP-1 vision loss concerns on December 4, and issued a transfer order (PDF) earlier this week, agreeing with Eli Lilly and placing the NAION injury claims under Judge Marston’s purview as well, but as a separate MDL.

The panel noted that it anticipates there will be significant overlap between the GLP-1 stomach paralysis and vision loss lawsuits, so having Judge Marston overseeing both litigations increases efficiency. The cases also involve mostly the same defendants and the same counsel, the JPML indicated.

“Creation of a separate NAION MDL will allow Judge Marston to determine the appropriate level of coordination between the litigations, make tracking of cases easier, and facilitate orderly docketing in each MDL. Creating a new MDL also is consistent with our past handling of actions alleging a second injury arising from the same drug involved in a previous MDL.”

– U.S. Judicial Panel on Multidistrict Litigation

GLP-1 Stomach Paralysis Lawsuits

As part of the coordinated management of the Ozempic stomach injury MDL, Judge Marston is overseeing consolidated discovery and pretrial proceedings in the litigation. She has indicated that the court plans to select a small group of representative bellwether trials, which will serve as early test cases and allow the parties to evaluate how juries may respond to evidence and testimony expected to recur across thousands of similar claims.

Before such trials can begin, Judge Marston has ordered both sides to resolve several issues that could have broad implications for the litigation, including preemption and general causation. Once those matters are addressed, the MDL is expected to proceed with preparing the first set of cases for jury consideration. While the verdicts will not directly determine the outcome of other GLP-1 claims, they are likely to shape settlement negotiations.

If the parties do not reach a GLP-1 settlement agreement after the bellwether trials, Judge Marston is likely to begin remanding the cases back to their original courts for individual trial dates.

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