Case research · Sources checked October 12, 2026
GLP-1 receptor agonist (Ozempic, Wegovy, Mounjaro and related drugs) products liability MDL
' The complaints claim the manufacturers failed to adequately warn of these risks. Separate lawsuits alleging vision loss (non-arteritic anterior ischemic optic neuropathy, NAION) are NOT part of this MDL; the JPML centralized them in a separate proceeding, MDL No.
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- Status
- Active
- Court
- U.S. District Court for the Eastern District of Pennsylvania
- Docket
- MDL No. 3094 (E.D. Pa. No. 2:24-md-03094-KSM; related streamlined docket 01md3094)
- Judge
- Hon. Karen Spencer Marston (originally assigned to Hon. Gene E. K. Pratter in the February 2, 2024 transfer order)
- Started
- February 2, 2024
- Defendants
- Novo Nordisk A/S, Novo Nordisk Inc., Eli Lilly and Company
Where it stands
As of October 12, 2026
As of the JPML's August 3, 2026 statistics report, 3,928 actions were pending in MDL 3094 before Judge Marston. The court has been deciding 'cross cutting issues' ahead of individual case work-ups: Issue 1 (gastroparesis diagnostic testing), Issue 2 (preemption and adequacy of warning labels) and Issue 3 (general causation). Under the Fifth Amended Scheduling Order (CMO 32, April 30, 2026), Rule 702 and summary judgment motions on Issues 2 and 3 were briefed May–August 2026 with a hearing September 10–18, 2026; an October 8, 2026 scheduling order set closing arguments on the pending Rule 702 motions for the October 13, 2026 status conference. No bellwether trial date has been set in the orders posted on the court's MDL page.[11]
The complaint
What is alleged, and what is not decided
Plaintiffs allege that GLP-1 receptor agonist drugs made by Novo Nordisk and Eli Lilly caused gastrointestinal injuries, which the JPML transfer order describes as 'gastroparesis, ileus, intestinal obstruction or pseudo-obstruction, or other gastrointestinal injury.' The complaints claim the manufacturers failed to adequately warn of these risks. Separate lawsuits alleging vision loss (non-arteritic anterior ischemic optic neuropathy, NAION) are NOT part of this MDL; the JPML centralized them in a separate proceeding, MDL No. 3163, before the same judge on December 15, 2025. Nothing in the court record establishes liability or causation; those questions are being litigated.
On the record
What the regulators and the court have said
- 01
The current US Ozempic (semaglutide) injection label lists, under Postmarketing Experience, 'Gastrointestinal: acute pancreatitis and necrotizing pancreatitis, sometimes resulting in death; ileus, intestinal obstruction, severe constipation including fecal impaction' and shows a 'Severe Gastrointestinal Adverse Reactions' Warnings and Precautions section revised 10/2025 (openFDA label set 42bdd912-2393-44c4-b7e0-47672ca28991, effective 2026-07-30, repackager A-S Medication Solutions copy of the Novo Nordisk label).[13]
- 02
The Novo Nordisk Rybelsus/Ozempic tablets label (openFDA set 27f15fac-7d98-4114-a2ec-92494a91da98, version 14, effective 2026-01-30) states in section 5.6: 'Severe gastrointestinal adverse reactions have also been reported postmarketing with GLP-1 receptor agonists. RYBELSUS and OZEMPIC tablets are not recommended in patients with severe gastroparesis,' and lists ileus and intestinal obstruction under postmarketing adverse reactions.[14]
- 03
The Eli Lilly Mounjaro label (openFDA set d2d7da5d-ad07-4228-955f-cf7e355c8cc0, version 40, effective 2026-08-27) and Zepbound label (set 487cd7e7-434c-4925-99fa-aa80b1cc776b, version 40, effective 2026-08-28) both contain 'ileus' and 'gastroparesis' text and a 'Severe Gastrointestinal Adverse Reactions' Warnings and Precautions section (revised 12/2025 and 02/2026 respectively).[15]
- 04
None of the US labels retrieved from openFDA on 2026-10-12 (Ozempic, Rybelsus/Ozempic tablets, Wegovy, Mounjaro, Zepbound) contain the phrase 'ischemic optic' or 'NAION'. NAION is an allegation in separate litigation (MDL 3163), not current US label language in these records.
Timeline
How the case has moved
JPML centralizes 18 actions from 11 districts in the Eastern District of Pennsylvania (Judge Gene E. K. Pratter), noting 37 potential tag-along actions; products: Ozempic, Wegovy, Rybelsus, Trulicity, Mounjaro.[1]
CMO 13: claims against nine 'Other Novo Entities' dismissed without prejudice by stipulation; case continues against Novo Nordisk Inc. and Novo Nordisk A/S.[7]
CMO 18 identifies three Cross Cutting Issues for early handling: (1) gastroparesis diagnostic testing, (2) preemption and adequacy of warning labels, (3) general causation.[6]
JPML expands the MDL to include Saxenda (liraglutide) gastrointestinal claims; in a companion order the same day it declines to add DVT/pulmonary-embolism claims.[2]
Ruling on Cross Cutting Issue 1 (gastroparesis diagnosis): the court excludes, as unreliable, plaintiffs' expert diagnostic opinions to the extent they do not rest on objective evidence of delayed gastric emptying, describing that approach as at odds with medical consensus (Doc. 467).[16]
JPML creates a separate MDL No. 3163 for NAION (vision loss) claims against Novo Nordisk and Eli Lilly, also before Judge Marston, declining to fold them into MDL 3094.[4]
CMO 29 (Third Amended Scheduling Order) sets expert-report, Rule 702 and summary-judgment deadlines on Cross Cutting Issues 2 and 3 for 2026.[8]
CMO 32 (Fifth Amended Scheduling Order): Rule 702 and summary judgment motions on Issues 2 and 3 due May 19, 2026; Rule 702 hearing September 10–18, 2026.[10]
Scheduling order sets closing arguments on the pending Rule 702 motions for Cross Cutting Issues 2 and 3 at the October 13, 2026 status conference.[11]
If this involves you
The records that matter, and who has them.
Whatever you decide to do next, you will be asked for these. They are yours by law, and most providers have up to 30 days to send them once they have your signed request.
Pharmacy fill history / prescription records
shows which GLP-1 product (brand and manufacturer), dose, start and stop dates — the MDL is organized by product and defendant
Held by: pharmacy, pharmacy benefit manager (PBM), prescriber
Gastric emptying study (scintigraphy) and other GI diagnostic testing
the court's August 15, 2025 ruling on Cross Cutting Issue 1 rejected expert diagnoses of gastroparesis that lacked objective evidence of delayed gastric emptying, so the original test report and its date matter
Held by: hospital radiology / nuclear medicine department, gastroenterologist
Gastroenterology consult notes, endoscopy and imaging reports
document the diagnosis (gastroparesis, ileus, obstruction) and its timing relative to drug use
Held by: gastroenterologist, hospital HIM department
Emergency department and inpatient records
document acute episodes such as obstruction, severe vomiting, or hospitalization
Held by: hospital health information management (HIM) department
Prescriber chart notes
show why the drug was prescribed (diabetes vs. weight management), warnings discussed, and symptom reports
Held by: prescribing physician or clinic
Health insurance claims / explanation of benefits
independent confirmation of fills and treatment dates when pharmacy records are incomplete
Held by: health plan
We send the request, follow up with the provider, and deliver the records to you. We don't take case details here and we never share your records with a law firm unless you tell us to.
Questions people ask
Straight answers, with sources
Is the Ozempic / GLP-1 lawsuit real?
Yes. The Judicial Panel on Multidistrict Litigation created MDL No. 3094 on February 2, 2024, centralizing federal lawsuits alleging gastrointestinal injuries from GLP-1 receptor agonists in the Eastern District of Pennsylvania. As of the JPML's August 3, 2026 report, 3,928 actions were pending.[12]
Which drugs are included?
The JPML orders name Ozempic, Wegovy and Rybelsus (semaglutide) and Saxenda (liraglutide) from Novo Nordisk, and Trulicity (dulaglutide) and Mounjaro (tirzepatide) from Eli Lilly. Saxenda was added by order dated December 12, 2024.[2]
Are vision-loss (NAION) claims part of this case?
No. On December 15, 2025 the JPML created a separate proceeding, MDL No. 3163, for NAION claims, assigning it to the same judge but stating it 'decline[d] Eli Lilly's suggestion that the NAION litigation be incorporated into MDL No. 3094.'[4]
Has there been a trial or settlement?
Not according to the orders posted on the court's MDL 3094 page as of October 12, 2026. The court is deciding threshold expert (Rule 702) and summary-judgment issues on preemption, label adequacy and general causation; closing arguments on the pending Rule 702 motions were scheduled for October 13, 2026.[11]
Does the FDA label mention these stomach problems?
The current US labels for Ozempic, Rybelsus, Mounjaro and Zepbound list 'ileus' and related gastrointestinal events among postmarketing adverse reactions and carry a 'Severe Gastrointestinal Adverse Reactions' warning section, per openFDA label data retrieved October 12, 2026. Label language describes reported events; it does not resolve the causation questions being litigated.[13]
Sources
Where every fact on this page comes from
Primary sources only: court orders, the Judicial Panel on Multidistrict Litigation, federal regulators and state attorneys general. Each entry shows the day we opened it. This is reference material, not legal or medical advice.
- [1]MDL No. 3094 Transfer Order (February 2, 2024)
JPML (via govinfo.gov) · govinfo.gov · opened October 12, 2026
Centralizes 18 GLP-1 RA gastrointestinal-injury actions in E.D. Pa. before Judge Pratter.
- [2]MDL 3094 Transfer Order 12-24 (Saxenda)
JPML · jpml.uscourts.gov · opened October 12, 2026
Adds Saxenda claims to MDL 3094; names Judge Karen S. Marston as transferee judge.
- [3]MDL 3094 Order Denying Transfer 12-24
JPML · jpml.uscourts.gov · opened October 12, 2026
Declines to add DVT/PE injury claims to the MDL.
- [4]MDL 3163 Transfer Order 12-25 (NAION)
JPML · jpml.uscourts.gov · opened October 12, 2026
Creates a separate NAION MDL before Judge Marston rather than expanding MDL 3094.
- [5]MDL 3094 Orders
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Index of case management and scheduling orders, February 2024 through October 8, 2026.
- [6]Case Management Order No. 18
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Defines Cross Cutting Issues 1–3 (gastroparesis diagnostic testing; preemption/label adequacy; general causation).
- [7]Case Management Order No. 13 - Dismissal of Certain Novo Nordisk Defendants
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Dismisses nine Novo affiliate entities without prejudice; Novo Nordisk Inc. and A/S remain.
- [8]Case Management Order No. 29 - Third Amended Scheduling Order for Cross Cutting Issues 2 and 3
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Sets 2026 expert and motion deadlines for Issues 2 and 3.
- [9]Case Management Order No. 30 - Streamlined Docket
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Creates related docket 01md3094 for master pleadings, CMOs and dispositive/Rule 702 rulings.
- [10]Case Management Order No. 32 - Fifth Amended Scheduling Order for Cross Cutting Issues 2 and 3
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
Rule 702/summary judgment briefing May–August 2026; Rule 702 hearing September 10–18, 2026.
- [11]Scheduling Order – Closing Arguments for Rule 702 Motions on Cross Cutting Issues 2 and 3
U.S. District Court, E.D. Pa. · paed.uscourts.gov · opened October 12, 2026
October 8, 2026 order setting closing arguments at the October 13, 2026 conference.
- [12]Pending MDL Dockets By District – August 3, 2026
JPML · jpml.uscourts.gov · opened October 12, 2026
MDL 3094: Judge Karen S. Marston, 3,928 actions pending, 3,962 total.
- [13]openFDA drug label — Ozempic (semaglutide) injection, set 42bdd912-2393-44c4-b7e0-47672ca28991
FDA (openFDA) · api.fda.gov · opened October 12, 2026
Postmarketing adverse reactions include ileus, intestinal obstruction, severe constipation; Severe GI Adverse Reactions warning revised 10/2025.
- [14]openFDA drug label — Rybelsus / Ozempic tablets (Novo Nordisk), set 27f15fac-7d98-4114-a2ec-92494a91da98
FDA (openFDA) · api.fda.gov · opened October 12, 2026
Section 5.6 notes severe GI reactions reported postmarketing with GLP-1 RAs; not recommended in severe gastroparesis.
- [15]openFDA drug label — Mounjaro (Eli Lilly), set d2d7da5d-ad07-4228-955f-cf7e355c8cc0
FDA (openFDA) · api.fda.gov · opened October 12, 2026
Contains ileus/gastroparesis text and a Severe GI Adverse Reactions warning (revised 12/2025).
- [16]Memorandum on Cross Cutting Issue 1 Rule 702 motions, MDL No. 3094, Doc. No. 467 (August 15, 2025)
U.S. District Court, E.D. Pa. (court filing; copy hosted by ALM) · assets.alm.com · opened October 12, 2026
Judge Marston's ruling on how gastroparesis must be diagnosed; excludes a plaintiffs' expert's proposed differential diagnosis as unreliable to the extent it rests on retained gastric food as evidence of delayed emptying, finding the approach at odds with medical consensus on the inputs needed to reliably diagnose a patient.