Ozempic “Science Day” Presentations Will Provide Court An Overview of Medical Issues Linked To GLP1 Medications

The U.S. District Judge now presiding over all Ozempic lawsuits brought throughout the federal court system has announced that a “Science Day” will be held next month, after a previously scheduled hearing in June 2024 was cancelled when the judge originally appointed to preside over the multidistrict litigation (MDL) passed away.

The hearing will allow the parties to educate the court on the scientific underpinnings behind claims that Ozempic and similar diabetes and weight loss drugs caused plaintiffs to develop gastroparesis and other gastrointestinal problems.

The manufacturers of Ozempic and other glucagon-like peptide-1 receptor agonist drugs, like Wegovy, Mounjaro and Zepbound, face more than 100 product liability claims, each raising similar allegations that users have not been adequately warned about the serious side effects that may result from the injections.

The Ozempic lawsuits, Wegovy lawsuits and Mounjaro lawsuits allege that drug makers placed a desire for profits before the health and safety of consumers, by minimizing information about the severity of gastrointestinal problems and the long-term risks associated with the medications.

Given common questions of fact and law raised in the complaints, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established coordinated pretrial proceedings for all GLP-1 lawsuits earlier this year, transferring complaints filed throughout the federal court system to U.S. District Judge Gene E. K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania. However, Judge Pratter passed away on May 17, and the litigation was just recently reassigned to District Judge Karen S. Marston.

With some estimates indicating that nearly 2% of the U.S. population has been prescribed one of the GLP-1 medications, either for diabetes treatment or weight loss, it was widely expected that the litigation will become a major mass tort in the coming months.

Ozempic Science Day Rescheduled

Before Judge Pratter passed away, she had scheduled an Ozempic science day hearing for June. Now that Judge Marston has taken over the litigation, she issued a new order (PDF) last month, rescheduling the the hearing for September 4.

Such proceedings typically involve non-adversarial presentations by expert witnesses or parties, which are intended to educate the court about issues and concepts that will come up during the proceedings. The presentations are not part of the official record in the case, or subject to cross examination. However, information presented may guide the Court in any future rulings or motions about evidence to be presented in the Ozempic lawsuits, including decisions about which expert witness testimony may be presented to juries.

The hearing will be followed by a status conference scheduled for September 14, according to another court order (PDF) issued on July 26.

It is expected that Judge Marson will continue with Judge Pratter’s bellwether program, by working with plaintiffs and defendants to determine what Ozempic lawsuits are representative of the greater litigation, and then sending them through case-specific fact discovery before scheduling the first bellwether trials, which will be used to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.

Following coordinated discovery and any early bellwether trials, if the parties are unable to negotiate settlements or another resolution for the litigation, Judge Marston may later remand each claim back to the U.S. District Court where it was originally filed for trial.