Ozempic side effects lawsuit can move forward

U.S. District Judge James Cain Jr said plaintiff Jaclyn Bjorklund had provided enough support at this point in the case for her claim that Novo failed to warn her doctors about the risk of gastroparesis, a slowdown in the emptying of the stomach into the small intestine, associated with the drug.

The judge dismissed Bjorklund’s breach of express warranty claim, which accused the company of falsely marketing its drug as safe, finding she did not identify any specific promises made by Novo Nordisk. Cain dismissed the warranty claim without prejudice, meaning Bjorklund can amend her complaint and refile it.

A spokesperson for Novo Nordisk, which has argued that the side effects Bjorklund sued over are well known and documented in the drug’s U.S. Food and Drug Administration-approved label, said the company "believes that the allegations in the lawsuit are without merit, and we intend to vigorously defend against these claims."

The company has also said its drugs have been extensively studied and their safety is under continuous monitoring.

Bjorklund's lawsuit said she took Ozempic for more than a year and then switched to Mounjaro in July 2023, made by Eli Lilly, to treat her Type 2 diabetes. She said both drugs left her with severe vomiting and pain that sent her to the hospital and also caused her to lose teeth.

A spokesperson for Eli Lilly said Bjorklund’s lawsuit was without merit and that the company monitors, evaluates and reports safety information for all of its medicines. The company has filed a separate motion to dismiss. That motion is still pending, court records show.

Since Bjorklund filed her lawsuit in August, nearly 20 more have been brought against both Novo and Eli Lilly over the category of drugs, known as GLP-1 receptor agonists.

The lawsuits, which are filed on behalf of people who were prescribed drugs like Ozempic, Mounjaro and Wegovy to treat their diabetes or to help with weight loss, claim the companies downplayed or failed to warn about the risk of side effects like stomach paralysis and intestinal paralysis or obstruction.

Attorneys from Morgan & Morgan, who are representing Bjorklund, have asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate the lawsuits in front of Cain, saying the firm is investigating more than 10,000 claims over the drugs.

One of Bjorklund's lawyers, Josh Autry of Morgan & Morgan, said in a statement that Cain's ruling shows his "diligence and attention" to the cases, bolstering the argument that he should be in charge of any multidistrict litigation created for these cases.

The case is Jaclyn Bjorklund v. Novo Nordisk, U.S. District Court for the Western District of Louisiana, No. 2:23-cv-01020.

For Bjorklund: Rene Rocha, Mike Morgan, Jonathan Sedgh, Josh Autry and Paul Pennock of Morgan & Morgan

For Novo Nordisk: Paige Sensenbrenner and Diana Cole Surprenant of Adams and Reese; and Loren Brown of DLA Piper.