New litigation is the first involving this class of popular drugs used for weight loss
By Shant Karnikian
Whether you’re coping with obesity-related severe health issues or just frustrated with fighting an ongoing “battle of the bulge,” it’s hard not to be enticed by the idea of a miracle drug for weight loss—especially if everyone from your best friend to social media influencers to glamorous celebrities seem to be having success with it.
Ozempic—and similar drugs such as Wegovy and Mounjaro—have become “one of the hottest topics in Hollywood,” according to an August article in People Magazine. It’s also been called “the worst-kept secret in Hollywood”—Jimmy Kimmel even joked about it while hosting the Oscars.
Stunningly slimmed-down people, famous and not, are posting before-and-after selfies, pictures of newly svelte physiques, on social media. Some have dropped pounds so quickly and dramatically that they’ve developed what’s now (non-medically) nicknamed “Ozempic face,” a gaunt appearance associated with rapid weight loss and a specific class of drugs.
What is Ozempic?
Ozempic—FDA-approved in 2017 for treating Type 2 diabetes—is a brand name for semaglutide.
As Kunal Shah, MD, an assistant professor in the division of endocrinology at the Rutgers Robert Wood Johnson Medical Center, explained to Women’s Health, semaglutide is a weekly injectable drug that “mimics a protein in your body called glucagon-like peptide 1 (GLP-1).”
By activating GLP-1 receptors, the drug enhances insulin release and helps manage blood sugar levels. It also signals the brain to reduce feelings of hunger and slows down how fast food empties from your stomach, helping you feel fuller longer.
Ozempic, made by Denmark-based Novo Nordisk, is not approved for weight reduction specifically. However, it is frequently prescribed off-label for that purpose, as patients taking it for diabetes typically experience significant weight loss. Wegovy, a similar semaglutide by Novo Nordisk, is approved for weight loss.
In November 2023, Eli Lilly, maker of another GLP-1 agonist, Mounjaro, introduced a new version of the drug (tirzepitide) called Zepbound, specifically for treating obesity. Research shows that Zepbound has helped patients lose up to 25% of their body weight.
For patients with heart disease, GLP-1 agonist drugs can also be used to help prevent heart attacks and strokes.
The use of semaglutide drugs has exploded. By the end of 2022, one study found 9 million U.S. citizens had received a prescription for an Ozempic-type medication. According to a recent Kaiser Family Foundation (KFF) poll, the numbers may be much higher:
- 12% of adults (about 31 million) report having ever used a GLP-1 drug
- 43% say they took it for diabetes
- 39% say they used it to treat a chronic condition
- 38% report using it strictly for weight loss
Last year, semaglutide use skyrocketed to the point where the FDA announced a shortage— people who needed the medication as treatment for serious medical conditions were at risk of being unable to get it.
Side Effects and Hidden Risks
Although meant to be used long-term (patients often regain weight when they go off the drug), the Journal of the American Medical Association (JAMA) has found that around 30% of semaglutide users discontinue the drug after six months due to adverse side effects.
According to Novo Nordisk, common side effects of semaglutide include nausea, diarrhea, vomiting, stomach pain, and constipation. The company also warns that patients can experience more serious side effects such as gall bladder issues, pancreatitis, and kidney failure. In addition, their website mentions “possible thyroid tumors, including cancer” and the risk of mental health impacts, including depression and suicidal thoughts.
However, attorneys for plaintiffs in a new Pennsylvania-based, multi-district mass tort claim that Novo Nordisk and Eli Lilly failed to adequately warn of the true risks associated with GLP-1 agonist drugs.
According to the Philadelphia Post-Gazette, “Of the 929 complaints that are part of the litigation against the pharmaceutical giants, 85% list gastroparesis as an alleged injury,” which is a key factor in the case. “They have stated that thousands have suffered debilitating gastrointestinal symptoms from these drugs, some leading to disability, hospitalization and even death.”
Gastroparesis is a chronic, incurable condition in which the nerves and muscles of the stomach wall weaken. This causes food and liquid to remain in the stomach for a prolonged period and not move properly through the digestive tract. This can result in improper nutrient absorption, nausea, vomiting, intestinal blockage, diarrhea, and belly pain.
Further, as the Philadelphia Post-Gazette reported, although reports themselves do not establish a causal link, it’s worth noting that “The Food and Drug Administration’s Adverse Event Reporting System has logged more than 18,000 reports of adverse events in the U.S. related to Ozempic alone, including 123 deaths and reports of intestinal obstruction, pancreatitis, blindness, loss of consciousness and disability.”
In U.S. federal courts, mass tort claims are frequently consolidated as multi-district litigation. While the plaintiffs may live in different geographical locations, they share a common injury or damage.
Mass disaster torts, mass toxic torts, and consumer product liability torts are the main categories associated with this cause of action.
KBK has many years of experience handling mass tort cases and multi-district litigation.
If you or a loved one has experienced injuries due to a disaster, a dangerous drug, or a defective product, contact one of our experienced attorneys at Kabateck LLP to learn more about recovering damages and to explore your options.