Weight Loss Drug Lawsuit | Ethen Ostroff Law

Many people have turned to weight loss drugs in their pursuit of a healthier lifestyle to shed their extra pounds fast. Even though they promise results, these drugs frequently have unexpected side effects that cause serious health complications, including stomach paralysis. If you suffered harm from weight loss drugs, know that you have a right to seek compensation. Here, Ethen Ostroff Law delves into the world of weight loss drug lawsuit, giving you relevant information on how to protect your rights and seek justice. From understanding the dangers of these drugs to the legal process involved in pursuing a weight loss lawsuit, we’ve got you covered.

Weight Loss Drugs: What Are They?

It can be challenging to alter one’s diet and way of life. This is why many turn to weight loss supplements. Weight loss drugs are prescription drugs that suppress our appetite and food cravings. Because weight loss drugs make us feel less hungry, the number of calories our body consumes daily is reduced. Eating fewer calories over time will result in weight loss.

Americans spend roughly $2.1 billion each year on dietary supplements, mainly for reasons like weight loss, says the National Institutes of Health. Additionally, 15% of American adults have tried weight loss drugs. The Food and Drug Administration has given approval to several of these medications.

Weight Loss Drugs: How Do They Work?

Weight loss drugs work by:

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

FDA-Approved Weight Loss Medications

The Food and Drug Administration 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 (Didrex) 
  • 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) 

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Weight Loss Drugs: Who Are They For?

Weight loss drugs are for those who have not lost weight through diet or lifestyle changes. These medications are mostly for obese or overweight adults who have at least one weight-related condition, like:

  • High blood pressure 
  • High cholesterol 
  • Obesity caused by genetic disorders 
  • Type 2 diabetes
Weight Loss Drug Lawsuit

Type 2 Diabetes Drugs That May Aid in Weight Reduction

Glucagon-like peptide 1 (GLP-1) agonists are a class of type 2 diabetes medications that improve blood sugar control and help lose weight. GLP-1 agonist drugs are usually administered as shots. Examples include:

The following are GLP-1 agonists currently available on the U.S. market:

  • Dulaglutide (Eli Lilly’s Trulicity)  
  • Exenatide (Amylin Pharmaceuticals’ Byetta) 
  • Exenatide extended release (Amylin Pharmaceuticals’ Bydureon BCise) 
  • Liraglutide (Novo Nordisk’s Saxenda and Victoza) 
  • Lixisenatide (Sanofi-Aventis’ Adlyxin) 
  • Semaglutide (Novo Nordisk’s Ozempic, Rybelsus, and Wegovy)  
  • Terzepatide (Eli Lilly’s Mounjaro)

Differences Between GLP-1 Agonist Drugs

GLP-1 agonists are medications commonly used for managing diabetes and weight loss. Let’s take a closer look at the distinct features of various options:

  • Adlyxin (lixisenatide): is a once-daily incretin mimetic injection for Type 2 diabetes. It is an add-on medication to diet and exercise to improve blood sugar control in people with type 2 diabetes. As of 2023, the drug is no longer available in the United States.
  • Byetta (exenatide): was the first FDA-approved GLP-1 agonist used to treat Type 2 diabetes in adults. Patients need to inject it more often compared to other options—daily within an hour before morning and evening meals. Healthcare providers may recommend Byetta to patients experiencing blood sugar spikes after meals and wanting to lose weight as a side effect. However, Byetta doesn’t offer the same heart-related benefits as other options.
  • Bydureon BCise (exenatide): is a longer-acting version of Byetta that is injected once a week. It’s been approved to lower blood sugar levels in Type 2 diabetics aged 10 and above. Bydureon BCise does not have the same heart-related and weight loss benefits seen with other GLP-1 agonists.
  • Mounjaro (tirzepatide): is part of a brand-new class called GLP-1 and glucose-dependent insulinotropic polypeptide (GIP) agonists. It works by mimicking two gut hormones: GLP-1 and GIP. For now, Mounjaro is only approved to treat Type 2 diabetes. However, it is currently being studied for weight loss benefits. The Food and Drug Administration (FDA) has granted Mounjaro a Fast Track designation.
  • Ozempic (semaglutide): is a once-a-week injection for adults with Type 2 diabetes. It can be administered at any time of day, on the same day each week, with or without food. Ozempic comes in a multi-dose pre-filled pen. Healthcare providers may recommend Ozempic to patients with Type 2 diabetes and heart disease because it lowers the risk of heart attack and stroke. There is also some evidence suggesting potential kidney benefits. Ozempic is not approved for weight loss. However, patients taking Ozempic may notice weight loss as a side effect.
  • Rybelsus: is an oral version of semaglutide taken once daily to treat Type 2 diabetes. It is  currently the only non-injected medication in the GLP-1 agonist class. Rybelsus is not approved for the same heart-related benefits.
  • Saxenda: is a weight loss-approved version of liraglutide. It works best when combined with a healthy diet and exercise.
  • Trulicity (dulaglutide): is a once-a-day Type 2 diabetes injection for adults and children aged 10 and above. It comes as a single-use, pre-filled pen. It can be injected on the same day each week at any time of day, with or without food. Like Ozempic, Trulicity can lower the risk of heart attack and stroke in adults who have heart disease. It may also have some kidney-related benefits. Though Trulicity is not approved for weight loss, some people who use it lose weight as a side effect.
  • Victoza (liraglutide): is a once-daily injection for Type 2 diabetes approved for use in people ages 10 and older. It is injected more frequently at any time of day, without regard to food. Victoza can lower the risk of heart attack and stroke in patients with heart disease and help prevent kidney problems from worsening. Victoza is not approved for weight loss, but some people who take it lose weight.
  • Wegovy: is a once-a-week semaglutide injection approved only for weight loss in certain adults and adolescents ages 12 and older. It is not used to treat diabetes. Wegovy can be injected at any time of the day. For the best results, Wegovy should be combined with a healthy diet and exercise. 

Weight Loss Drugs: How Effective Are They?

Weight loss medications are effective for weight management. They result in a 5% to 10% weight loss. Several factors influence weight loss results, including the drug you use. It is ideal to use weight loss drugs with dietary and lifestyle changes, like regular exercise, to help increase their effectiveness and reduce weight regain, which happens after stopping them.

Pros and Cons of Weight Loss Drugs

Anyone considering using weight loss medications as part of their weight management journey must be aware of their advantages and disadvantages.

Pros

  • Approved by the FDA for weight management. 
  • Effective for weight loss when combined with dietary changes and consistent exercise. 
  • Improve blood pressure, cholesterol, or blood sugar levels, among other health advantages. 
  • Many are accessible via telehealth platforms.

Cons

  • Have adverse effects, some of which could be severe. 
  • More studies on long-term health effects are needed. 
  • Not suitable for everyone. 
  • Some are pricey, depending on insurance coverage. 
  • Weight regain is possible once discontinued.

Most Effective Medications for Weight Loss

The most effective medications for weight loss are GLP-1 agonists, and they are also safe for long-term use. Only liraglutide (Saxenda), naltrexone/bupropion (Contrave), orlistat (Xenical, Alli), phentermine/topiramate (Qsymia), semaglutide (Wegovy), and setmelanotide (Imcivree) are FDA-approved for weight loss. Some other GLP-1 drugs are prescribed off-label.

Side Effects of Weight Loss Drugs

GLP-1 agonist drugs not only improve blood sugar control but can also lead to weight loss. Ozempic, Wegovy, Mounjaro, Rybelsus, and Saxenda are the most popular GLP-1s used to lose weight. However, only Wegovy and Saxenda are approved by the FDA for weight loss. These GLP-1 agonists have well-known side effects, whether used as medication for diabetes or weight loss. Understanding the risks and side effects of weight loss medications is essential. Here, we list the mild and serious side effects of these popular weight loss and diabetes drugs. 

The following are some of the common side effects and risks of weight loss drugs:

  • Addiction and dependency 
  • Birth defects 
  • Cardiovascular issues  
  • Digestive issues 
  • Psychological effects

For the popular GLP-1 agonist drugs: 

Wegovy

Some of the mild side effects that Wegovy may have are:

  • Bloating and belly pain 
  • Burping 
  • Constipation 
  • Diarrhea 
  • Dizziness 
  • Fatigue 
  • Gas 
  • Headaches 
  • Heartburn 
  • Indigestion 
  • Nausea 
  • Stomach flu 
  • Vomiting 

Although they are uncommon, Wegovy can have serious adverse effects, including:

  • Allergic reaction 
  • Increased heart rate 
  • Gallbladder problems 
  • Low blood sugar 
  • Pancreatitis 
  • Risk of thyroid cancer

Ozempic

Some common mild side effects of Ozempic are:

  • Burping 
  • Diarrhea 
  • Dizziness 
  • Headache 
  • Heartburn 
  • Loss of appetite 
  • Low blood sugar if you have type 2 diabetes 
  • Nausea 
  • Stomach flu-like symptoms 
  • Tiredness 
  • Upset stomach 
  • Vomiting

Some serious side effects that Ozempic might cause are:

  • Fluttering in your chest 
  • Light-headed feeling 
  • Pounding heartbeat 
  • Shortness of breath 
  • Swelling in your neck, lump in your neck, or trouble swallowing 
  • Unusual mood changes 
  • Vision changes

Saxenda

Common side effects of Saxenda are:

  • Abdominal pain or upset stomach 
  • Anxiety 
  • Belching 
  • Bloating 
  • Constipation 
  • Decreased appetite 
  • Diarrhea 
  • Dizziness 
  • Dry mouth 
  • Fatigue 
  • Gas 
  • Headache 
  • Indigestion 
  • Insomnia 
  • Lack of energy 
  • Low blood sugar 
  • Nausea 
  • Redness at the injection site 
  • Vomiting 
  • Weakness

Serious side effects of Saxenda include: 

  • Blurred vision 
  • Confusion 
  • Eye pain 
  • Fast or uneven heartbeats 
  • Fluttering in your chest 
  • High fever 
  • Pounding heartbeat 
  • Seeing halos 
  • Severe nervous system reaction with stiff muscles 
  • Shortness of breath 
  • Slurred speech 
  • Sudden dizziness 
  • Sweating 
  • Tremors 
  • Tunnel vision

Mounjaro

Common mild side effects of Mounjaro include: 

  • Abdominal pain 
  • Abdominal swelling 
  • Acid reflux 
  • Belching 
  • Constipation 
  • Diarrhea 
  • Flatulence 
  • Indigestion 
  • Loss of appetite  
  • Mild allergic reaction (skin rash, itchiness, flashing) 
  • Mild injection site reaction (pain) 
  • Nausea 
  • Vomiting 

 

Serious side effects include:

  • Gallbladder problems 
  • Pancreatitis 
  • Risk of thyroid cancer 
  • Severe allergic reaction 
  • Severe digestive problems, which may lead to acute kidney injury

Rybelsus

Common side effects include:

  • Abdominal pain 
  • Bloating and gas 
  • Burping 
  • Constipation 
  • Decreased appetite 
  • Diarrhea 
  • Gastroesophageal reflux disease (GERD) 
  • Heartburn 
  • Nausea 
  • Upset stomach 
  • Vomiting 
  • Weight loss

Serious side effects from Rybelsus are not common, but they can happen. Serious side effects that have been reported with Rybelsus include:

  • Allergic reaction 
  • Hypoglycemia (low blood sugar) 
  • Kidney problems, such as kidney failure 
  • Pancreas problems 
  • Risk of thyroid cancer 
weight loss lawsuit

Weight Loss Drugs Involved in Lawsuits

Weight loss drugs have flooded the pharmaceutical market over the years, each claiming to be the next miracle solution for shedding excess weight. However, many of these drugs have faced legal action due to their adverse effects. Some of the most common weight loss drugs involved in lawsuits include:

  • Belviq (Lorcaserin): Belviq was recalled due to its potential link to cancer, specifically pancreatic, colorectal, and lung cancer.
  • Fen-Phen: Fen-Phen was a fenfluramine and phentermine combination. The drug was pulled from the market due to its link to severe heart and lung complications.
  • Orlistat (Alli and Xenical): While effective in blocking fat absorption, Orlistat can cause gastrointestinal issues such as oily stools and fecal incontinence.
  • Ozempic and Mounjaro: Ozempic and Mounjaro have been associated with certain gastrointestinal complications, including stomach paralysis, also known as gastroparesis.
  • Phentermine: The appetite suppressant has been linked to cardiovascular issues, including high blood pressure and heart valve problems.
  • Qsymia: This combination of phentermine and topiramate has been associated with birth defects and cardiovascular problems.
  • Saxenda: While effective for weight loss, Saxenda has been linked to pancreatitis and thyroid cancer. 

Stomach Paralysis: An Unfortunate Side Effect

Despite their potential benefits, Ozempic and Mounjaro have been associated with certain gastrointestinal complications, including stomach paralysis, also known as gastroparesis. A Louisiana woman filed a lawsuit against Novo Nordisk and Eli Lilly, respective manufacturers of Ozempic and Mounjaro, for failing to warn patients about the risk of stomach paralysis.

Jaclyn Bjorklund claims she has suffered severe illness and injuries—including vomiting, abdominal pain, gastrointestinal burning, and numerous hospital visits—from using Ozempic and Mounjaro for a year and a half. Bjorklund alleges both drugmakers were aware of the link between the use of GLP-1 receptor agonists and the risk of developing severe gastrointestinal issues, and that the warnings provided to patients were inaccurate.

Bjorklund claims the medications have caused her to develop gastroparesis, although she has not yet been officially diagnosed with the illness. Gastroparesis is a disorder that slows or stops the movement of food from the stomach to the small intestine. Bjorklund is seeking financial compensation from both companies.

Stomach Paralysis Symptoms

The symptoms of stomach paralysis caused by Ozempic and Mounjaro, as reported, include:

  • Acid reflux 
  • Constipation 
  • Decreased appetite 
  • Diarrhea 
  • Excessive bloating and belching 
  • Feeling full soon after starting a meal and long after 
  • Gastrointestinal burning 
  • Heartburn 
  • Indigestion 
  • Malnutrition 
  • Nausea 
  • Pain in the upper abdomen 
  • Poor appetite 
  • Severe dehydration 
  • Severe vomiting, including throwing up food hours after eating 
  • Stomach pain 
  • Teeth falling out due to excessive vomiting 
  • Undigested food remaining in the stomach and hardening 
  • Vomiting 
  • Weight loss 

Weight Loss Drug Lawsuit

If you have suffered harm like stomach paralysis from a weight loss drug, it is essential to understand your legal rights and options for seeking compensation. Here are the key steps to consider:

  • Consult with an attorney: The first and most crucial step is to consult with an experienced personal injury attorney, like those at Ethen Ostroff Law, for legal advice.
  • Gather evidence: Your attorney will gather crucial evidence, including medical records, prescriptions, and any documentation of your injuries or side effects.
  • Determine liability: Establishing liability is a crucial aspect of your case. Your attorney will investigate whether the drug manufacturer, prescribing physician, or other parties can be held responsible for your injuries.
  • Class action vs. individual weight loss drug lawsuit: Your attorney may recommend pursuing an individual lawsuit or joining a class-action lawsuit if one is available.
  • Negotiation and settlement: Your attorney will negotiate with the responsible parties and their insurance companies to secure a fair weight loss drug settlement on your behalf.
  • Trial, if necessary: If a fair settlement cannot be reached, your case goes to trial. 

Statute of Limitations for Weight Loss Drug Lawsuit

Weight loss drug lawsuit have legal time limits, known as statutes of limitations, varying by state. These limits may depend on when you realize your injury. Failing to file within the deadline could forfeit your compensation rights. To avoid this, consult an attorney promptly upon discovering your injury. They can guide you through the relevant statute of limitations and assist in initiating legal proceedings promptly.

Joining a Class-Action Lawsuit

Victims of weight loss drug injuries can join a class action lawsuit rather than pursue an individual case. Class action lawsuits involve a group of individuals who have suffered similar injuries due to the same product, such as a weight loss drug. Consider whether joining a class action is the right choice for you with the help of your attorney.

Benefits of joining a class action lawsuit include:

  • Class action lawsuits have a more streamlined legal process than individual lawsuits. 
  • Joining forces with other victims can strengthen your case. 
  • Legal expenses are shared among the class members.

Claims in Weight Loss Medication Lawsuits

In weight loss drug lawsuit, there are various types of claims that victims may pursue to seek compensation for the injuries and damages caused by these medications. Here are the specific weight loss drug claims that can be involved:

  • Breach of warranty claims: These claims assert that the weight loss drug 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 weight loss drug.
  • Negligence claims: Negligence claims allege that the pharmaceutical company or other parties involved in the distribution and marketing of the weight loss drug acted negligently.
  • Personal injury claims: These claims seek compensation for the physical and emotional injuries suffered because of using the weight loss drug.
  • Product liability claims: These claims argue that the weight loss drug was defectively designed, manufactured, or marketed.
  • Wrongful death claims: These claims seek compensation when a loved one has died due to complications from a weight loss drug.

Speak with a weight loss claim attorney to determine the appropriate weight loss drug claims to pursue based on the circumstances of your case.

Compensation in Weight Loss/Diabetes Drug Lawsuit

If you develop stomach paralysis or other severe side effects after taking Ozempic, Mounjaro, or other weight loss drugs, you may be eligible to file a weight loss drug lawsuit. You could recover these types of compensation if your weight loss claim is successful:

  • Lost wages: Compensation for lost wages and reduced earning capacity if you have been unable to work due to stomach paralysis.
  • Medical expenses: Reimbursement for past and future medical bills related to the condition caused by Ozempic, Mounjaro, or other GLP-1 agonist drugs, such as hospitalization, medications, doctor visits, and therapies.
  • Pain and suffering: Compensation for physical and emotional distress caused by the illness and its impact on your daily life.
  • Punitive damages: Damages awarded to punish the pharmaceutical company for its negligence or misconduct.
  • Wrongful death: Surviving family members may seek compensation through a wrongful death claim in the tragic event of a loved one’s death due to complications from Ozempic, Mounjaro, or other GLP-1 agonist drugs.

Consult with an attorney to determine the appropriate damages to pursue.

Winning Your Weight Loss Drug Case

Winning a weight loss drug lawsuit involves establishing liability, showing that the manufacturer or healthcare provider failed to warn about risks or acted negligently. To succeed, key elements typically include:

  • Documentation of harm: Essential documentation of symptoms, side effects, or complications from the weight loss drug, supported by medical records and expert testimony.
  • Physical injury: Providing evidence of actual bodily harm caused by the medication.
  • Negligence: Demonstrating the at-fault party’s clear negligence, such as failure to adequately warn consumers about potential risks.
  • Statute of limitations: Being aware of time limits for filing, emphasizing the need for prompt legal advice to ensure compliance.
  • Compensation: Successful lawsuits may result in various compensations, including medical costs, lost income, pain and suffering, loss of enjoyment of life, loss of earning capacity, and potential punitive damages

For personalized guidance on the specific requirements and legal options in your weight loss drug lawsuit, consulting with a personal injury attorney is crucial.

How Ethen Ostroff Law Can Help in Your Weight Loss Case

Proving liability often requires thorough investigation and legal expertise. But navigating the complexities of pharmaceutical litigation can be overwhelming, particularly when dealing with medical-related problems. The weight loss/diabetes drug attorneys at Ethen Ostroff Law have a proven track record of handling cases involving dangerous drugs and medical devices. We can guide you through the legal process.

At Ethen Ostroff Law, we are committed to getting the best possible outcome for our clients. We do this by:

  • Conducting in-depth case evaluations to assess the strength of your claim. 
  • Negotiating with pharmaceutical companies and their legal teams. 
  • Providing solid evidence to support your case. 
  • Taking your case to court if a fair weight loss drug settlement cannot be reached. 
  • Working with medical experts to understand the link between your symptoms and the medication.

Do not worry about the expense of bringing a weight loss drug lawsuit. Ethen Ostroff Law and its partner firms work on a contingency fee basis. In other words, you do not pay us unless we get you compensation. Do not fret about the upfront legal fees. Just focus on your recovery and case. 

What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.

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