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Judge's Early Ruling May Shape Outcome In Ozempic, Wegovy Lawsuits

Vandana Singh
August 30, 2024

U.S. District Judge Karen Marston of Philadelphia recently issued a pivotal ruling in a closely watched multidistrict litigation (MDL) involving diabetes and weight-loss drugs.

The litigation focuses on alleged side effects of medications such as Ozempic, Wegovy, and Mounjaro, developed by Novo Nordisk A/S (NYSE:NVO) and Eli Lilly And Co (NYSE:LLY).

Also Read: Novo Nordisk Does Not Operate As Drug Cartel, CEO Defends US Pricing Of Ozempic Against Criticism Over High Drug Prices.

The ruling centers on the defendants’ request to address several key legal questions at the outset of the case, which could potentially streamline or even halt the litigation before it gains momentum.

Reuters highlights that the plaintiffs in the MDL allege that these medications caused gastroparesis, a condition where the stomach’s ability to pass food to the small intestines slows or stops.

Plaintiffs claim that the drug labels did not adequately warn of this risk. However, Novo Nordisk and Eli Lilly contend that their labels disclose gastrointestinal side effects, including nausea and vomiting.

They argue that if plaintiffs cannot definitively prove they suffer from gastroparesis rather than other gastrointestinal issues, their claims should be pre-empted by the existing warnings.

The judge emphasized that these legal questions could be resolved without hearing from individual plaintiffs. This ruling could significantly impact the trajectory of the case, especially if it leads to dismissing claims or narrowing the issues to be litigated.

Plaintiffs’ lawyers argued that it is premature to address these questions without a full factual record from bellwether trials.

They expressed concern that Marston’s early rulings might set a precedent that limits plaintiffs’ ability to present individual circumstances.

An Eli Lilly spokesperson welcomed the ruling, stating that it would “accelerate resolution” of what the company views as meritless lawsuits.

As the case progresses, legal experts will be closely watching to see how this unusual approach influences the outcome, potentially setting a new standard for future MDLs.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

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