On November 13, 2024, plaintiffs filed a master complaint as part of the large multidistrict litigation (MDL)* filed in Philadelphia federal court against pharma companies, Novo Nordisk and Eli Lilly.

The MDL, comprised of over five dozen lawsuits, alleges both companies failed to warn consumers about the risks of their diabetes and weight loss drugs, including Ozempic, Wegovy, Rybelsus, Trulicity, and Mounjaro—all of which contain semaglutide as the active ingredient.

According to the 244-page master complaint, both drug manufacturers did not disclose the gastrointestinal and other health risks associated with taking glucagon-like peptide-1 receptor agonists (GLP-1 RAs), the drug class to which these medications belong.

The lawsuit alleges various claims, including negligence, failure to warn, breach of express and implied warranties, fraudulent misrepresentation and concealment, unfair trade practices, strict product liability, negligent design, and wrongful death. Plaintiffs are seeking compensatory and punitive damages, economic losses, medical monitoring, attorney fees, litigation costs, and other forms of relief.

What are GLP-1 RAs?

GLP-1 RAs are a class of medications primarily used to treat type 2 diabetes and, more recently, obesity. These drugs mimic the action of a natural hormone called glucagon-like peptide-1 (GLP-1), which plays a key role in regulating blood sugar levels and appetite. 

These medications work by stimulating insulin secretion in the body by activating GLP-1 receptors, suppressing the release of glucagon, a hormone that raises blood sugar, and slowing gastric emptying. Their popularity has surged due to their dual benefits of glycemic control and weight management, making them highly sought after in both the diabetes and weight-loss markets.

And while these medications have proven effective in managing diabetes and aiding weight loss, they are not without severe risks. The complaint claims that while the defendants acknowledge that there are side effects, they’ve downplayed their severity. 

The companies failed to inform patients about extreme gastrointestinal side effects, including intestinal obstruction, stomach paralysis, severe vomiting, gastroparesis, esophageal tearing, ischemia, among others. 

As detailed in the complaint:

"These injuries can be debilitating and go so far as to result in death. The FDA adverse events database lists nearly 500 deaths related to semaglutide...Defendants have downplayed the chronic nature, duration and severity of gastrointestinal injuries caused by their GLP-1 RAs. Many Plaintiffs in this case have experienced debilitating, long-lasting effects."

Further allegations emphasize the concealment of critical information:

“Defendants never disclosed that many people who take these drugs stop taking them because of the drastic side effects…the drugs do not result in meaningful weight loss for up to 15% of people. Defendants kept this information hidden while actively degrading trust in the prevailing view that lifestyle changes like proper nutrition and exercise were the keys to health and can accomplish long-lasting weight-loss and management for most people.”

The billion dollar impact of Ozempic and similar drugs

In January 2024, Novo Nordisk's market value passed $500 billion, making the company the largest pharmaceutical manufacturer in Europe. This staggering valuation—$100 billion more than Denmark’s entire GDP—signifies just how much of an impact drugs like Ozempic and Wegovy have had. 

By September, the two drugs combined hit $50 billion in sales, driven by Ozempic's sweeping marketing strategy, which touted remarkable claims of effective weight loss and diabetes management paired with its ease of use through simple, weekly injections.

But behind the hype of these semaglutide-based drugs lies a darker reality, and they’ve wreaked havoc on thousands of patients. According to an article by Rolling Stone, Kimberly Carew, a mental health professional and single mom, experienced uncontrollable muscle spasms and frequent vomiting after taking Ozempic to treat her type-2 diabetes. 

“She went to the emergency room for dehydration, developed pneumonia, and was showing extensive signs of malnutrition.” After the doctors ran tests on her, they discovered her stomach was paralyzed, and she had developed gastroparesis.

While Carew obtained her prescription legally and for its intended use, social media trends on platforms like TikTok have fueled the off-label and unauthorized use of Ozempic for weight loss. Viral content, in addition to Novo Nordisk’s marketing campaigns, have both been a major contributing factor to the surge in demand, with many users unaware of the drug’s potential dangers.

The complaint states:

“Defendants set on a course to create and expand the market for weight-loss medication by advocating for obesity to be classified as a disease and thereby expanding the market for their drugs...[they implemented] multifaceted marketing campaigns that were so effective they engrained these drugs in the pop culture zeitgeist, and spending untold millions in an effort to get weight-loss medications covered under public and private insurance. Defendants engaged in this conduct even before GLP-1 RAs were approved for weight-loss, encouraging extensive off-label demand and use.”

Plaintiffs' co-lead counsel told Law360: "We are committed to achieving justice for the thousands of patients who suffered devastating injuries because these pharmaceutical giants recklessly put profits above patient safety."

Exposing risks, protecting patients

The rise of drugs like Ozempic highlight both the promise of medical innovation and the dangers of pharmaceutical companies prioritizing profits over patient health. This ongoing suit is a stark reminder of why it’s critical to remain vigilant in identifying cases of medical liability. When pharmaceutical companies fail in their duty to prioritize patient safety, it's crucial that attorneys detect these violations and hold them accountable.

This is our mission at Darrow.

To uncover hidden medical liability cases, we use proprietary anomaly detection algorithms to cross-reference thousands of medical databases, medical studies, and other publicly-available datasets. We then clean and normalize the data to detect medical risks and violations, and transform it into reliable, actionable insights for our partners.

Along with the oversight of experienced legal professionals, our team helps attorneys create strong class action and mass tort lawsuits so they can focus on what truly matters: protecting those harmed by unsafe medical products. 

*The Ozempic MDL is In Re: Glucagon-Like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation, case number 2:24-md-3094, in the U.S. District Court for the Eastern District of Pennsylvania.

Work with us to build your next medical product liability case.

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