How Much Is My Ozempic Lawsuit Claim Worth? – Forbes Advisor

Ozempic is a brand name for injectable semaglutide, a drug that lowers blood sugar levels and regulates insulin. It is highly effective for managing type 2 diabetes and has been proven to reduce the risk of cardiovascular disease in these patients. In 2017, the U.S. Food and Drug Administration (FDA) approved it for use in adults with type 2 diabetes.

Ozempic also imitates a hormone called glucagon-like peptide-1 (GLP-1), which delays stomach emptying, reduces appetite and produces a feeling of fullness. Many patients prescribed Ozempic for diabetes also reported significant weight loss. As news of this desirable side effect spread, some physicians began to prescribe it to non-diabetic patients “off label” specifically for weight loss. Ozempic has not been approved for weight loss by the FDA, but the agency has approved a similar drug, Wegovy, for this purpose.

Ozempic is intended for long-term weekly use by patients with type 2 diabetes in conjunction with a healthy diet and exercise program. Patients are encouraged to work closely with their medical providers to monitor the drug’s effectiveness and manage any side effects. Careful observation helps doctors spot any potentially severe complications and mitigate the risks associated with Ozempic use.

Like all drugs, Ozempic can cause side effects and increase a patient’s risk of certain complications or conditions. Doctors should discuss these with their patients and help them determine whether the benefits outweigh the risks and side effects. They should also closely monitor patients for signs of harmful conditions associated with the drug.

Like all drugs, Ozempic may cause an allergic reaction or interact poorly with other medications or supplements. The most common side effects associated with Ozempic are nausea, vomiting, diarrhea, stomach pain and constipation. For most patients, these conditions are mild, temporary and not harmful. More severe side effects include:

• Diabetic retinopathy (inflammation of eye tissue that can cause blindness)
• Thyroid tumors or cancer
• Hypoglycemia
• Pancreatitis and pancreatic cancer
• Gallstones (cholelithiasis), gallbladder and biliary diseases
• Gastroparesis (stomach paralysis)
• Bowel obstruction (ileus)

Many of these side effects were disclosed by Novo Nordisk during the FDA approval process. For example, the drug disclosure insert carries the highest level of Boxed Warning about the increased risk of thyroid tumors or thyroid cancer. Other risks have been recognized more recently, including the FDA’s addition of a warning that the drug may cause intestinal blockage in September 2023.

Lawsuits claim Novo Nordisk failed to warn users of serious health conditions associated with Ozempic, including gastroparesis, ileus, intestinal blockage and gallbladder diseases. The first Ozempic stomach paralysis lawsuit was filed in August 2023 by Jaclyn Bjorklund. As with other types of pharmaceutical and medical device lawsuits, many other plaintiffs have emerged and filed suit since the initial claim was filed.

Individual cases are often consolidated into multidistrict litigation (MDL). This designation enables one judge to manage many cases more effectively by expediting discovery and pretrial processes. The judge can hear arguments and rule on issues common to all the cases, such as the admissibility of specific evidence or matters of law. The parties can share experts and evidence, which helps reduce the cost and duration of litigation.

In February 2024, dozens of Ozempic court cases were consolidated into MDL before Judge Gene E. K. Pratter in the Eastern District of Pennsylvania federal court. The plaintiffs all allege they were prescribed Ozempic or Mounjaro to treat their diabetes or to help with weight loss but weren’t warned about the risk of severe side effects.

How much each plaintiff’s Ozempic claim is worth depends on numerous factors. These include:

• The severity of the injuries or damages
• The cost of past medical treatment, ongoing care and future treatment
• The impact on the plaintiff’s quality of life
• Lost wages and decreased ability to work
• Emotional distress, pain and suffering

For example, a patient who underwent a complete cholecystectomy (gallbladder removal surgery) because of Ozempic use might receive a higher award or settlement offer than a plaintiff who experienced gallstones but made a full recovery. Although many legal issues will overlap in these cases, the value of each plaintiff’s damages will vary from case to case.

The range of compensation awarded by a jury or offered by defendants to resolve similar cases in the past can help determine the average value of claims. However, none of the Ozempic cases have reached that stage. Once some of these lawsuits settle or go to trial, it will be easier to determine the value of other similar claims.

Previous pharmaceutical lawsuits and settlements have resulted in multi-billion-dollar settlements. In 2012, GlaxoSmithKline paid $2 billion to resolve civil claims based on deceptive marketing, promoting off-label use and minimizing the risks related to numerous drugs. Johnson & Johnson paid $1.72 billion in 2013 to settle claims related to off-label pharmaceutical promotions and safety misrepresentations.

Novo Nordisk denies responsibility and will vigorously defend itself against these lawsuits. Its attorneys may file motions to dismiss the MDL cases as a matter of law, asking the court to find there is no legal basis to hold the company liable. If such a motion succeeds, the cases may be dismissed, and the plaintiffs could recover nothing. If the cases go to trial, individual juries will decide whether to hold the drugmaker liable and how much to award.