Novo Nordisk and Eli Lilly sought to dismiss claims that the companies deceived the medical community and consumers about the safety of weight loss medications, such as Ozempic. More than 1,300 cases are pending against the companies in multidistrict litigation (MDL) over the drug’s glucagon-like peptide-1 receptor agonists (GLP-1 Ras). That number is expected to rise to at least 10,000 lawsuits.
The plaintiffs allege that drug makers failed to warn the medical community and consumers that GLP-1 RA drugs, found in Novo Nordisk’s Ozempic and Eli Lilly’s Mounjaro, can cause gastrointestinal injuries, including stomach paralysis and intestinal obstruction. Many also allege that the companies used intentionally misleading marketing materials about the safety and efficacy of the drugs. In total, plaintiffs assert 17 causes of action in their master complaint.
In their January 24 motion to dismiss, Novo Nordisk and Eli Lilly claim that most allegations in the plaintiffs’ master long-form complaint were “extraneous to the core issues in the litigation, inadequately pleaded or plainly foreclosed.”
Both companies insist the motion to dismiss does not target the failure-to-warn claims, the main focus of the case. The motion was an attempt to dismiss a dozen other claims “tacked onto” the master complaint, including fraud, misrepresentation, breach of warranty, defective design, and negligence.
Novo Nordisk and Eli Lilly asked the court to dismiss all 12 additional claims, arguing the allegations were too vague and failed to translate broad allegations into viable claims for fraud or breach of warranty. Plaintiff’s attorneys assert the motion should be denied, stating the drug makers knowingly misrepresented the severe health risks after learning of life-altering gastrointestinal conditions from both clinical research and patient reports.
If you or a loved one has suffered from Ozempic, call McCann Dillon Jaffe & Lamb, LLC at 215-569-8488 or contact us online to schedule a free consultation. Located in Philadelphia, Abington, Pennsylvania, and Wilmington, Delaware, we proudly serve clients in the surrounding areas.