Users of Ozempic & other semaglutides suing pharma
The miracle drug is here, and the masses are clamoring for it – and against it in some cases.
No, we’re not talking about a breakthrough cure for cancer or Alzheimer’s. The latest stampede to doctors’ offices is for prescriptions for semaglutides, which the feds approved for weight loss in June 2021.
Now, nearly three years later, users of semaglutides – popularly known under the brand names Ozempic, Wegovy, Rybelsus, Trulicity, and Mounjaro – are also rushing to law firms as plaintiffs allege the drug’s makers failed to adequately warn them of possible severe side effects.
Semaglutide suits against Novo Nordisk & Elli Lilli
As of this writing in February 2024, complainants have filed at least 55 lawsuits against drugmakers Novo Nordisk and Eli Lilli, an adequate quantity for the U.S. Judicial Panel on Multidistrict Litigation to centralize them in a Pennsylvania federal court.
The litigation includes 18 actions pending in 11 federal districts, with an additional 37 related actions pending in 15 districts. The judicial panel said the drugs are similar enough that centralization by multidistrict litigation would streamline discovery and other proceedings.
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Pharma claims semaglutides’ side effects are well known
At issue is an alleged pattern of gastric illnesses caused by the drug, including intestinal obstruction and gastroparesis, or stomach paralysis. In court filings the makers have disputed the claims, moving to dismiss based on the argument that the side effects are well known and disclosed on the drug’s labels.
Approved by the Federal Food and Drug Administration (FDA) for release in 2017, semaglutide originally was developed not as a weight-loss treatment but for diabetes therapy. However, researchers at the University of Leeds soon discovered its efficacy for weight loss, and demand for the drug has exploded. One report noted a quadrupling of prescriptions from 2020 to 2022, with reports of weight loss at about 10% and manufacturer claims up to 20%.
Further fueling its popularity are discoveries of unexpected benefits. For example, a clinical trial involving more than 17,000 study subjects found that Wegovy cut the risk of cardiovascular problems by 20%. And healthy people without diabetes can lose at least 5% of body weight through a weekly injection and lifestyle changes.
Blockbuster drugs attract personal injury lawyer attention
As might be expected, any blockbuster drug with potentially serious side effects is bound to draw the attention of the personal injury sector of the legal profession. The certainty of mammoth pharma profits has historically invited investigation into product liability with an eye toward uncovering the next mesothelioma gold mine.
To be sure, there is no cure for gastroparesis, only treatment for managing it medically and surgically for the remainder of a sufferer’s lifetime. The malady can interfere with normal digestion, cause nausea, vomiting, and abdominal pain. Plus, it can play havoc with blood sugar levels and nutrition – all fertile ground for plaintiffs to claim damages for decades of suffering.
Additionally, physician critics say that much if not most of weight loss can be from muscle decline, contributing to a reported 70% of users ending treatment within 12 months.
Bottom line: If a new miracle drug sounds too good to be true, perhaps it is for everyone but plaintiffs’ counsel.
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