A US District Judge in Philadelphia has issued a critical ruling in a multidistrict litigation (MDL) involving diabetes and weight-loss drugs, potentially setting a new course for the legal battle surrounding these medications. The case focuses on alleged side effects of popular drugs like Ozempic, Wegovy, and Mounjaro, developed by Novo Nordisk and Eli Lilly.
The judge’s decision centers around the defendants’ request to address several key legal questions at the outset of the case. This could significantly impact the trajectory of the litigation, potentially streamlining or even halting it before it gains momentum.
The plaintiffs in the MDL allege that these medications caused gastroparesis, a condition where the stomach’s ability to pass food to the small intestines slows down or stops. They argue that the drug labels didn’t adequately warn of this risk. However, Novo Nordisk and Eli Lilly counter that their labels clearly disclose gastrointestinal side effects, including nausea and vomiting. They further argue that if the plaintiffs cannot definitively prove they suffer from gastroparesis rather than other gastrointestinal issues, their claims should be pre-empted by the existing warnings.
The judge emphasized that these legal questions could be resolved without needing to hear from individual plaintiffs. This could significantly impact the trajectory of the case, especially if it leads to dismissing claims or narrowing the issues to be litigated.
Plaintiffs’ lawyers, however, argued that it’s premature to address these questions without a full factual record from bellwether trials. They expressed concern that Marston’s early rulings might set a precedent that limits plaintiffs’ ability to present individual circumstances.
An Eli Lilly spokesperson welcomed the ruling, stating that it would “accelerate resolution” of what the company views as meritless lawsuits.
As the case progresses, legal experts will be closely watching to see how this unusual approach influences the outcome, potentially setting a new standard for future MDLs.
