On February 2, 2024, the Judicial Panel on Multidistrict Litigation (JPML) ruled that all federal lawsuits involving Ozempic, Wegovy, Rybelsus, and similar medications be consolidated in the Eastern District of Pennsylvania for pre-trial proceedings.
Since then, both sides have been working toward selecting a small number of cases that would be worked up for early trial dates in the future. But on May 17, 2024, Judge Gene E. K. Pratter—who was appointed to oversee the proceedings—passed away. District Judge Karen S. Marston was recently appointed to take Judge Pratter’s place.
MDL Appoints New Judge for Ozempic Pre-Trial Proceedings
On July 14, 2024, Judge Marston issued a new case management order authorizing plaintiffs to directly file any new lawsuits in her court.
Specifically, the order reads:
“To eliminate potential delays associated with transfer to this Court of actions filed in or removed to other federal district courts, and to promote judicial efficiency, any plaintiff whose action would be subject to transfer to this MDL may file their case directly in this MDL in the United States District Court for the Eastern District of Pennsylvania in accordance with this Order.”
This will, according to the order, help improve the efficiency and coordination of the proceedings. Judge Marston also noted that defendants will have 30 days to object to the inclusion of any directly filed case.
Ozempic MDL Plaintiffs Must Submit Fact Sheets
On the same day that she issued the case management order above, Judge Marston issued a second case management order requiring all plaintiffs—even those who previously filed complaints that were transferred to the current MDL—to complete plaintiff fact sheets.
These sheets will contain pertinent information such as the plaintiff’s residence, when he or she purchased the product, and confirmation that the plaintiff accepts the Eastern District of Pennsylvania as their designated venue for the case. Plaintiffs must complete the sheets and submit them to the court along with any requested supporting documentation.
Any plaintiff who fails to comply may be subject to having his or her claims dismissed.
Ozempic MDL Science Day Rescheduled for September
Just Marston also issued a court order—again, on July 14, 2024—rescheduling the “Science Day” to September 4, 2024. This is a day in which expert witnesses or parties will present information meant to help educate all involved and support the court on complex issues likely to arise during the litigation.
Judge Pratter had originally scheduled this “Science Day” in May.
Judge Marston will likely continue with Judge Pratter’s bellwether program, in which both parties will select a small number of cases to be developed for early trials. These bellwether trials are used to gauge the juries’ reactions to the evidence and often open the door to settlement negotiations.
Ozempic, Wegovy, and Rybelsus are all part of a class of medications called glucagon-like peptide-1 (GLP-1) receptor agonists. They help to lower blood sugar levels in those diagnosed with type II diabetes and also promote weight loss. Plaintiffs involved in this MDL claim that the drugs have serious digestive side effects, including a severe slow-down of digestive processes that can result in stomach paralysis.
Exclusively focused on representing plaintiffs, especially in mass tort litigation, Eric Chaffin prides himself on providing unsurpassed professional legal services in pursuit of the specific goals of his clients and their families. Both his work and his cases have been featured in the national press, including on ABC’s Good Morning America.
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