Ozempic Lawsuit 2024 | Ethen Ostroff Law

Weight loss has always been a hot topic. And, with the popularity of drugs that induce weight loss, it’s more controversial than ever. Among these drugs is Novo Nordisk’s Ozempic, which the United States Food and Drug Administration (FDA) approved only for the treatment of type 2 diabetes. Ozempic works by mimicking a naturally occurring hormone, glucagon-like peptide 1, to suppress appetite. The drug’s side effect of rapid weight reduction soon grabbed the spotlight and turned it into a hot commodity. However, Ozempic has several adverse effects, mainly for weight loss. Ozempic lawsuit have been filed against Novo Nordisk over claims that the diabetes drug can cause gastroparesis and other gastrointestinal complications.

According to the lawsuits, Novo Nordisk made billions in sales by marketing Ozempic for weight loss but failed to warn consumers that the drug carries dangerous side effects. Here, Ethen Ostroff Law explores the legal avenues available to victims of Ozempic-related gastrointestinal issues and how we can assist you in seeking justice.

Ozempic as a Type 2 Diabetes Drug

Ozempic, the brand name for Semaglutide, is a medication prescribed to help adults with type 2 diabetes manage their blood sugar levels. The medication comes as a liquid in pre-filled disposable pens and is administered once a week by injection beneath the skin. Ozempic belongs to the glucagon-like peptide-1 (GLP-1) receptor agonist class of drugs that work by mimicking GLP-1, a hormone that helps regulate blood sugar, by stimulating insulin production and decreasing glucose release.

Novo Nordisk, a Danish pharmaceutical company, developed Ozempic in 2012. It is the only company in the United States with FDA-approved semaglutide products, marketed under the brand names Wegovy®, Ozempic®, and Rybelsus®. The FDA approved Ozempic for the treatment of type 2 diabetes in adults in 2017.

Ozempic and Wegovy are administered injections to patients. Their main difference is that Ozempic is intended for type 2 diabetes at weekly doses of 0.5 to 1 mg, whereas Wegovy has been FDA-approved as a weight loss drug at a weekly dosage of 2.4 mg. Rybelsus, like Ozempic, is intended to treat type 2 diabetes mellitus, but the patient takes it daily in the form of an oral tablet (3mg, 7mg, or 14mg doses).

Ozempic as a Weight Loss Drug

Ozempic has not yet been approved by the FDA for weight loss, but its sister drug, Wegovy, has. Ozempic slows the rate at which food travels through the digestive tract, making the person feel fuller for a longer period and thus reducing the amount of food they consume. Weight loss is a common side effect when Ozempic is used to treat diabetes. Semaglutide, the active ingredient in Ozempic, is effective for weight loss.

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Which weight-loss medications are FDA-approved?

The FDA has approved medications for short- and long-term use in overweight and obese patients. These weight loss drugs require a doctor’s prescription and medical supervision.

For short-term use (up to 12 weeks):

  • Benzphetamine 
  • Diethylpropion 
  • Phendimetrazine 
  • Phentermine 

 

For the long-term treatment of weight loss:

  • Liraglutide (Saxenda) 
  • Naltrexone/bupropion (Contrave) 
  • Orlistat (Xenical, Alli)  
  • Phentermine/topiramate (Qsymia) 
  • Semaglutide (Wegovy) 
  • Setmelanotide (Imcivree)

For whom are weight loss medications prescribed?

Weight loss drugs are for overweight adults who have not lost weight through diet or lifestyle changes and have at least one weight-related condition, like: 

  • High blood pressure 
  • High cholesterol 
  • Obesity caused by genetic disorders 
  • Type 2 diabetes 

What medications for type 2 diabetes can help lose weight?

GLP-1 agonists are a class of type 2 diabetes medications that improve blood sugar control and help lose weight. They are usually administered as shots. Examples include:

  • Dulaglutide (Trulicity)  
  • Exenatide (Byetta) 
  • Exenatide extended release (Bydureon BCise) 
  • Liraglutide (Victoza and Saxenda) 
  • Lixisenatide (Adlyxin) 
  • Semaglutide (Ozempic, Wegovy, and Rybelsus)  
  • Terzepatide (Mounjaro) 

How do weight loss medications work?

Drugs for weight reduction work by:

  • Increasing your fat burning to burn more calories. 
  • Reducing your appetite and making you feel fuller, so you eat fewer calories. 
  • Reducing your nutrient absorption, like fats, so you take in fewer calories.

What are the side effects of Ozempic?

Even though Ozempic has been effective for many, there are those who have experienced severe side effects, leading to legal action.

Common and mild side effects of Ozempic include: 

  • Abdominal pain 
  • Constipation 
  • Diarrhea 
  • Dizziness 
  • Indigestion 
  • Minor heart-rate increase 
  • Nausea 
  • Reaction at the injection site 
  • Vomiting
     

More serious side effects of Ozempic include: 

  • Allergic reactions 
  • Diabetic retinopathy 
  • Gallbladder disease 
  • Gastroenteritis 
  • Gastroparesis or stomach paralysis 
  • Hypoglycemia 
  • Increased heart rate 
  • Increased risk of developing thyroid cancer 
  • Kidney problems 
  • Pancreatitis 
Ozempic lawsuit

What is gastroparesis?

Gastroparesis, also known as stomach paralysis, is a medical condition in which the stomach does not empty properly. Normally, healthy stomach muscles contract to move food through the digestive tract. But, in patients with gastroparesis, motility slows or stops entirely. As a result, the stomach does not empty, and the food stays in the stomach longer than necessary rather than moving on to the small intestine for digestion. 

What causes gastroparesis or stomach paralysis?

Damage to the nerves that activate your stomach muscles and damaged stomach muscles are the main causes of gastroparesis. When either of them happens, the muscle contractions that churn food in your stomach and then squeeze it out through the bottom are impaired. This causes indigestion and delays gastric emptying—food stays longer in your stomach.

Other known causes of gastroparesis include: 

  • Abdominal or esophageal surgery 
  • Autoimmune diseases  
  • Certain medications  
  • Diabetes 
  • Eating disorders 
  • Hypothyroidism 
  • Infection  
  • Nervous system diseases 

What are the signs and symptoms of stomach paralysis?

Stomach paralysis negatively impacts a patient’s blood sugar levels and nutrition and impedes healthy digestion. Although many people with this condition are asymptomatic, any of these symptoms can show:

  • Abdominal bloating 
  • Abdominal pain 
  • Acid reflux 
  • Changes in blood sugar levels 
  • Feeling full after eating very little 
  • Loss of appetite 
  • Malnutrition 
  • Nausea 
  • Vomiting 
  • Weight loss 

What are the treatment options for gastroparesis?

Treatment options include:

  • Medications. Metoclopramide (Reglan), erythromycin, and domperidone 
  • Dietary changes. Eating foods low in fat and fiber, eating five or six small, nutritious meals a day, chewing food thoroughly, and eating soft, well-cooked foods 
  • Surgery 
  • Experimental therapies  
  • Lifestyle changes. Maintaining a healthy level of blood sugar, avoiding processed food and narcotic medications, and stopping smoking

What are the complications of gastroparesis?

These complications can arise from gastroparesis:

  • Bezoars, which can cause blockage, bleeding, and ulcers 
  • Decreased quality of life 
  • Dehydration from repeated vomiting 
  • Difficulty controlling blood sugar (blood glucose) levels 
  • Low-calorie intake 
  • Malnutrition stemming from poor nutrient absorption 

How common is stomach paralysis?

The epidemiology of stomach paralysis remains mostly unknown. Studies in the United States and the United Kingdom on the condition have only scratched the surface. A recent study showed that the prevalence of stomach paralysis in the United States is 267.7 per 100,000 adults, and up to 1.8% of the population is affected. Stomach paralysis affects women slightly more than men. 

ozempic mounjaro lawsuit

What is your chance of getting gastroparesis?

You have a higher chance of getting gastroparesis if:

  • You are diabetic. 
  • You had esophageal, small intestine, or stomach surgery that may have injured your vagus nerve. 
  • You had cancer treatments on your chest or stomach, such as radiation therapy. 

What is the Ozempic lawsuit about?

Ozempic lawsuits are a legal option for individuals who have suffered harm or injury as a result of taking the medication. However, not all adverse effects from Ozempic qualify for a lawsuit. On August 2, 2023, Jaclyn Bjorklund became one of the first people to file an Ozempic Mounjaro lawsuit over gastroparesis. In the lawsuit, Bjorklund alleged she used Ozempic for over a year until she started taking Mounjaro in July 2023. She sued Novo Nordisk and Eli Lilly and Co., the makers of both drugs, for failing to warn of the risk of gastroparesis and gastroenteritis. Bjorklund claimed that because of Ozempic and Mounjaro, she experienced severe gastrointestinal events, sustained severe and permanent personal injuries, suffered pain and emotional distress, and incurred medical expenses.

What are the alleged side effects of Ozempic that led to the lawsuit?

The main injury claimed in the most recent Ozempic lawsuits is gastroparesis, or stomach paralysis. The condition causes severe vomiting, lasting for weeks or more. Other injuries claimed in the lawsuits include nausea, constipation, stomach pain, and vomiting. The Ozempic Mounjaro lawsuits allege that the manufacturers of Ozempic and Manjouro—Novo Nordisk and Eli Lilly—failed to warn the public of the risk of severe gastrointestinal events that could be caused by taking the medication. Plaintiffs seek compensatory and punitive damages. 

Who is qualified to file an Ozempic lawsuit?

Individuals who are considering filing an Ozempic claim must meet eligibility criteria, which may include:

  • Have used Ozempic and suffered from severe side effects such as gastroparesis or gallbladder disease. 
  • Have been prescribed Ozempic by a doctor. 
  • Have suffered harm or injury as a result of taking Ozempic.

What are the claims in Ozempic lawsuits?

In Ozempic lawsuits, there are various types of claims that victims may pursue to seek compensation for the injuries and damages caused by the medication. Here are the specific claims that can be involved:

  • Breach of warranty claims. These claims assert that Ozempic did not meet the warranties or promises made by the manufacturer or seller.
  • Failure to warn claims. A subset of product liability claims, “failure to warn” claims, focus specifically on the company’s failure to provide adequate warnings about the known risks associated with the drug.
  • Negligence claims. Negligence claims allege that Novo Nordisk or other parties involved in the distribution and marketing of Ozempic acted negligently.
  • Personal injury claims. These claims seek compensation for the physical and emotional injuries suffered as a result of using the drug.
  • Wrongful death claims. These claims seek compensation when a loved one has died due to complications from Ozempic.
  • Speak with an Ozempic lawsuit attorney to know the appropriate legal claims to pursue based on the circumstances of your case.

What is the role of Novo Nordisk in manufacturing Ozempic?

Novo Nordisk, a leading global healthcare company, is the manufacturer behind the brand name Ozempic. This medication was FDA-approved specifically for treating type 2 diabetes and obesity. The responsibility that comes with producing drugs like Ozempic is substantial. Companies such as Novo Nordisk must ensure patient safety by providing accurate data about the advantages and potential dangers of their products. 

Is there a class action lawsuit against Ozempic?

As of September 2023, there have been no Ozempic class action lawsuits filed. However, there are several ongoing lawsuits related to it, including individual personal injury lawsuits and product liability lawsuits. The ongoing lawsuits are related to gastroparesis and gallbladder disease that some people who have used Ozempic have experienced. The lawsuits claim that Novo Nordisk and Eli Lilly, the manufacturers of Ozempic and Manjouro, failed to warn the public of the risk of severe gastrointestinal events that could be caused by taking the medication. They seek compensatory and punitive damages. As of August 2023, Ozempic lawsuits were still in the early stages, with no global settlements or jury trials.

Other GLP-1 agonists named in claims like the Ozempic lawsuits include:

  • Rybelsus (Novo Nordisk) 
  • Saxenda (Novo Nordisk) 
  • Wegovy (Novo Nordisk) 
ozempic lawsuits

What is the process for filing an Ozempic lawsuit?

The legal process can be complex and lengthy. But here are the general steps to follow to file an Ozempic claim:

  • Consult an attorney. Start by consulting a personal injury attorney who specializes in pharmaceutical litigation to evaluate your case, determine if you have grounds for a lawsuit, and guide you through the legal process.
  • Gather information. Collect all relevant information about your case, including medical records, prescriptions, evidence of your injuries or damages, and any communication with healthcare providers.
  • Medical evaluation. Your attorney may ask you to undergo an independent medical evaluation to assess the extent of your injuries and their connection to Ozempic usage.
  • Filing your lawsuit. If you decide to proceed, your attorney will file a complaint against the pharmaceutical company (or companies) responsible for Ozempic. The complaint outlines your allegations and the compensation you are seeking.
  • Discovery phase. Both parties exchange information and evidence. This phase can involve interrogatories (written questions), document requests, and depositions (sworn statements taken out of court).
  • Negotiations and settlement. Often, pharmaceutical companies offer a settlement before the case goes to trial. Your attorney will negotiate on your behalf to secure the best settlement.
  • Trial. If a settlement is impossible, your case goes to trial, where both sides present their evidence and arguments. A judge or jury will decide.
  • Judgment and appeals. If the court rules in your favor, a judgment will be issued. The defendant can appeal the decision.

What is the statute of limitations for Ozempic and Mounjaro lawsuits?

Ozempic Mounjaro lawsuits are subject to statutes of limitations. These limitations differ by state and can be influenced by when you discover your injury. You may forfeit your right to compensation if you fail to file by the deadline. To avoid this, consult with an attorney right after discovering your injury. Your attorney can advise you on the statute of limitations applicable to your case and help you initiate legal proceedings on time. 

What documents are needed to join the Ozempic lawsuit?

To join the Ozempic lawsuit 2023, you will provide certain documents and information to your Ozempic lawsuit lawyer, which may vary depending on the details of your case. But generally, you need to provide:

  • Proof of Ozempic use, like a prescription from your doctor or other medical records that indicate you used the drug 
  • Medical records that document the adverse effects you experienced after taking Ozempic 
  • Proof of damages you suffered from taking Ozempic, like lost wages, medical expenses, and pain and suffering 
  • Other relevant information, like your medical history and symptoms 

What are the damages available in an Ozempic lawsuit?

If you can bring an Ozempic gastroparesis claim or other injuries, you may request losses like:

  • Loss of enjoyment of life 
  • Lost income   
  • Medical bills   
  • Mental 
  • Pain and suffering 
  • Possible punitive damages 

How much will you get for an Ozempic lawsuit?

The amount of compensation you will get for an Ozempic lawsuit will be based on your losses and the court’s decision regarding Novo Nordisk’s liability for your injuries. Cases involving Ozempic have only recently begun to move through the legal system. As the outcomes of Ozempic lawsuits become known, attorneys will be able to provide more detailed information about potential compensation awards.

What are the elements of a successful Ozempic lawsuit?

If you have suffered from stomach paralysis or other complications due to the misuse of Ozempic or Mounjaro, you have the right to seek compensation. Filing a lawsuit against the pharmaceutical companies can hold them accountable for the damages caused. To establish a strong case, several elements need to be considered:

  • Mislabeling and off-label use. Demonstrate that Novo Nordisk did not properly label its products to warn against off-label use for weight loss.
  • Negligence. Prove that Novo Nordisk was negligent in its duty to inform consumers about the risks associated with its medications. Experienced attorneys can help gather evidence to support this claim.
  • Medical documentation. Secure comprehensive medical records detailing your diagnosis, treatments, and the impact of stomach paralysis or other complications on your life.
  • Legal expertise. Hiring an experienced personal injury attorney, like those at Ethen Ostroff Law, ensures you have expert guidance throughout the legal process, increasing your chances of a successful outcome.

If you suffer from stomach paralysis or other complications after using Ozempic or Mounjaro as weight loss drugs, you don’t have to face the consequences alone. Ethen Ostroff Law is ready to help you seek justice and the compensation you deserve. Contact us today at 610-510-8883 or Submit Form for a free consultation. We can explain your legal rights and the possible compensation you can pursue from these negligent drug makers. 

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