In one of the latest complaints (PDF) filed, Megan Rocha claims she was prescribed Ozempic for treatment of type 2 diabetes, and received routine injections from approximately March 2022 until December 2022.
However, as a result, Rocha indicates she suffered gastroparesis, which resulted in severe abdominal pain, nausea, vomiting, dehydration and permanent gastrointestinal injuries. She required medical treatment as a result and has suffered severe and permanent personal injuries.
Rocha states that Novo Nordisk should have known this was a risk for patients, but failed to provide adequate label warnings. She notes there have been numerous studies in recent years that have particularly highlighted Ozempic gastroparesis risks.
“The Novo Nordisk Defendants have repeatedly failed to warn about the known dangerous side effects of Ozempic. This includes malnutrition, cyclical vomiting, and gastroparesis, gastroenteritis, intestinal obstruction/blockage, ileus, esophageal and bowel injury, DVT and associated pulmonary embolism, gallbladder problems necessitating surgery, and intraoperative aspiration—all of which can lead to hospitalization and even death in patients across America.”
She presents claims of failure to warn, design defect, fraudulent concealment, misrepresentation, unfair trade practices and consumer protection, and breach of warranty.
January 2025 Ozempic Lawsuit Update
Given the common questions of fact and law raised in the complaints brought throughout the federal court system, all Ozempic and other GLP-1 lawsuits have been centralized as part of a multidistrict litigation (MDL) in the Eastern District of Pennsylvania, where they are currently being overseen by U.S. District Judge Karen Marston for coordinated and centralized proceedings.
To streamline the litigation, Judge Marston has directed the parties to focus on key “cross-cutting” issues that will affect a large number of claims, including the lawsuit brought by Rocha over the alleged side effects of Ozempic.
A pivotal evidentiary hearing has been scheduled for May 14, 2025, to assess the reliability of the plaintiffs’ expert testimony on general causation, regarding the link between Ozempic and gastrointestinal injuries. This hearing is critical, as the litigation depends on whether the plaintiffs’ experts can present sound scientific evidence linking GLP-1 drugs to the alleged injuries. If the evidence fails to meet the required legal standard, the lawsuits could be dismissed.
However, that is only one of several such “cross-cutting” issues Judge Marston has identified, which also include determining whether plaintiffs will be required to provide specific gastroparesis diagnostic testing to establish that they have suffered that specific stomach injury, and whether the lawsuits are preempted by federal law.
Following the resolution of those issues, Judge Marston is expected to direct the parties to select a series of representative GLP-1 lawsuits for early bellwether test trials, to help gauge how juries will respond to evidence and expert testimony likely to be repeated throughout the litigation.
While the outcomes of such early test trials are not binding on other claims, they could help potentially facilitate an Ozempic settlement agreement that would avoid the need for each individual case to be set for trial in the future.