Ozempic MDL Formed
Ozempic News Flash – by Attorney Jeff Keiser.
New Ozempic MDL Formed
Last Friday, the JPML announced the creation of a new MDL to handle new Ozempic claims alleging the drug causes gastroparesis, which is sometimes referred to as stomach paralysis.
It’s important to note that this is not the first MDL based on Ozempic and is unrelated to ongoing litigation around gallbladder disease and gallstones.
The new one is MDL #3094 (IN RE: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation) and is limited to gastroparesis.
Note – Our Ozempic campaigns are up and running and producing solid results. We expect competition to increase as the tort gains in popularity. Early adopters will want to get started before it goes mainstream.
Judge Selected
This time, the JPML chose U.S. District Judge Gene E.K. Pratter in the Eastern District of Pennsylvania to manage things, which makes sense considering the fact that he is already presiding over more than 25% of the cases filed in federal court.
To date, there have been 55 cases filed, but expectations are that this case may explode in 2024. In fact, some leading prognosticators think there may be more than 10,000 plaintiffs out there waiting to find an attorney.
Technically, this MDL is not limited to Ozempic, but will also include all GLP-1 receptor agonist drugs like Mounjaro, Wegovy, Trulicity, and Rybelsus.
Eli Lilly’s involvement in the MDL was one of the biggest questions answered in the JPML’s order, and the answer is good for plaintiffs. They aren’t going anywhere.
No Objection
Defendant Novo Nordisk did not object to centralization, but they did argue for venues more convenient to the defense such as South Carolina or California.
The JPML rejected their arguments, simply because they already have a judge working a large portion of the cases and is already knowledgeable about the case.
From a plaintiff attorney perspective, these are some of the best defendants out there. In fact, Novo Nordisk just topped a market cap of $500 billion, based largely on the massive commercial success story of Ozempic.
Stay Tuned
Considering just how new this MDL is, there are great opportunities out there. Things are just starting in the MDL, so we’ll have to see how Judge Pratter operates.
Hopefully, he’ll push forward hard on this one so we can see some movement. It seems optimistic to think there will be a bellwether trial this year, but we can hope that one will be scheduled and the parties will start talking.
This case feels ripe for a global settlement, but until we see how all the science and facts work out, everything is uncertain.
Stay tuned.
Craig H. Alinder, Vice President