Philadelphia, PAIn February, the rapidly growing number of Ozempic side effect lawsuits was consolidated for pre-trial proceedings in the Eastern District of Pennsylvania. Multidistrict Litigation (MDL) 3094 was stalled at first, but the early steps are finally underway.
Ozempic is a semaglutide – one of several medications classified as GLP-1 drugs. It is approved by the U.S. Food and Drug Administration (FDA) to treat patients with type 2 diabetes by helping the pancreas produce more insulin to lower blood sugar. It is also used to reduce the risk of cardiovascular problems and has been shown to help people lose weight. The FDA has received hundreds of adverse event reports linked to GLP-1 drugs, but these popular medications remain on the market.
Aggressive marketing, dangerous side effects
Advertisements to the contrary, there is no credible evidence that links GLP-1 drugs to an irresistible urge to sing, dance at work or march purposefully through a small town movie set. Ozempic and similar drugs have, however, been linked to dangerous side effects, including:
stomach paralysis;
severe vomiting;
blindness;
Lou Gehrig’s Disease (ALS);
bile duct cancer;
intestinal blockages; and
deep-vein thrombosis.
Among the most alarming of these is a rare form of blindness, known as nonarteritic anterior ischemic optic neuropathy, or NAION. NAION is irreversible and may occur suddenly and without warning.
GLP-1 drugs
Ozempic is not the only GLP-1 drug. Wegovy, also manufactured by Novo Nordisk, is chemically identical but prescribed at a higher dosage, specifically for weight loss. Others, which many may recognize from aggressive nontraditional marketing campaigns, include:
Trulicity;
Monjaro;
Victoza;
Rybelsus;
Saxenda; and
Zepbound.
The active ingredient in these drugs varies. Wegovy, Ozempic and Rybelsus contain semaglutide. Others contain similar chemicals, such as liraglutide or dulaglutide. These drugs work by delaying stomach emptying or slowing the intestines so that patients’ appetite is reduced. Patients feel “full” for longer.
NAION Ozempic blindness
NAION is the result of insufficient blood flow to the optic nerve and causes sudden painless vision loss in one eye at a time. It is like a stroke affecting the eye. Ordinarily it is quite rare, affecting 2-10 people in the United States per year. Older White patients appear to be at greater risk.
Recent studies, including one published in JAMA Ophthalmology, found that the use of semaglutide-containing drugs was associated with a much higher risk of NAION than the population in general. The risk of NAION was more than four times higher for diabetes patients. For those taking it for obesity, the risk was more than seven times higher. The numbers in the study are alarming.
Early Symptoms of NAION
Early symptoms of NAION-related vision loss can include:
loss of vision upon waking;
dark area or shadow in vision;
blurred vision;
color vision loss;
loss of contrast;
light sensitivity;
periocular eye pain; and
headache.
Some patients may experience temporarily blurred vision on first waking in the morning. For others, these symptoms, including total vision loss are permanent. If you experience any of these symptoms while taking a semaglutide-containing druglike Ozempic, you should consult a medical professional promptly.
Slow start, then explosive growth in MDL 3094
The first lawsuit, Roderick Shirley v. Novo Nordisk, which alleged that Novo Nordisk had failed to warn patients about the true risks of weight loss drugs, was filed on December 15, 2023. In February 2024, a federal panel consolidated at least 55 Ozempic and related personal injury lawsuits into MDL 3094. U.S. District Judge Gene E. K. Pratter, the judge then presiding, passed away unexpectedly on May 17. The MDL had 101 active lawsuits as of June 3.
On June 6, a panel of federal judges appointed U.S. District Judge Karen Marston of Philadelphia to oversee the proceedings and, as of August 2024, the MDL included 346 cases. Lawyers for the plaintiffs say they expect the number of lawsuits to grow to include up to 10,000 cases.
Judge Marston issued a discovery order on July 31, 2024. The order details what documents must be produced and requires that parties determine relevant issues and information. Many believe that there will be a heavy emphasis placed on the marketing department because of the aggressive direct-to-consumer marketing tactics employed by Novo Nordisk.
The MDL is finally moving through discovery. The selection and scheduling of bellwether cases will follow thereafter. Settlement negotiations will probably not begin until the first jury verdicts are in. It’s a long process, but is finally underway in earnest.
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