Two separate and distinct federal Court MDL’s in front of the same justice in Pennsylvania
(1) Federal Court MDL No. 3094 (Gastrointestinal adverse events)- These weight loss drug lawsuits related to gastrointestinal side effects are now part of a Federal Court consolidated MDL in the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. (MDL 3094 In Re: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation.)
(2) Federal Court MDL No. 3163 (Vision Loss)-Ozempic lawsuit update 03/15/2026- The U.S. Judicial Panel on Multidistrict Litigation, which is in charge of managing complicated mass tort federal court litigation, sided with the victims and their glp-1 lawyers and ordered that the Ozempic lawsuits related to eye damage will be centralized in a different and separate federal court multi-district litigation (MDL) than the Ozempic digestive complications MDL. The vision side effect lawsuits are consolidated in MDL No. 3163 in UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA under Judge Karen S. Marston. Both the federal Ozempic vision loss MDL and the Ozempic gastrointestinal side effects MDL will be pending in Philadelphia federal court before the same federal court justice, the honorable Judge Marston.+++
Two seperate Federal Court MDLs before Same Judge in Pennsylvania
Ultimately, the U.S. Judicial Panel on Multidistrict Litigation, determined that the vison loss claims would be heard before the same judge (Karen Marston) handling thousands of ozempic stomach side effects lawsuits. Judge Karen S. Marston has a lot on her plate overseeing the vision loss causes of action while also managing a distinct Ozempic-focused litigation pertaining to GLP-1 drugs allegedly causing a severe stomach condition, gastroparesis. The JPML reasoned that, while the side effects differ in the two MDLs, there might be overlapping issues in the numerous pretrial motions and in the litigation process. The decision by the JPML was made easier because both mdls generally pertain to the same defendants and representatives. The JPML stated in its order that “Judge Marston thus is uniquely well-positioned to advance this litigation efficiently,” Read: Elli Lillys’ BRIEF IN SUPPORT OF ELI LILLY AND COMPANY’S MOTION FOR TRANSFER OF ACTIONS PURSUANT TO 28 U.S.C. § 1407
+++Who is Justice Karen S. Marston? Karen Spencer Marston was born in 1968. She is is a United States District Judge of the United States District Court for the Eastern District of Pennsylvania. Her courthouse is located at 601 Market Street, Room 16613 Philadelphia, Pennsylvania 19106. Judge Marston has extensive posted policies and procedures. Judge Marston has made it clear that: “Counsel and pro se parties should direct communications concerning administrative or procedural matters to Courtroom Deputies or Chambers. Direct communications with law clerks is prohibited. Letters may be submitted to the Court via e-mail, but such communications should be limited to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at the Court’s request. “
What are the central issues that Judge Marston is focusing on in the Ozempic MDL lawsuits?
Judge Marston is particularly interested in three central load star issues in the glp-1 litigation. Justice Marston has demanded that the litigants and their ozempic attorneys prioritize discovery and pretrial motions concerning important issues such as:
- Whether Ozempic lawsuits are preempted by federal law?
- Whether victims are mandated to provide particular diagnostic test evidence?
- Whether there is enough general causation expert evidentiary proof and studies linking GLP-1 drugs to gastrointestinal side effects and complications?
In Re: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAS) Products Liability Litigation (MDL No. 3094)
Primary allegations in Ozempic lawsuit:
Failure to Warn***: Lawsuits allege that Novo Nordisk failed to properly warn victims and medical professionals about the potential risks of Ozempic, particularly regarding severe gastrointestinal issues and vision loss
Failure to Conduct Long-Term Studies: Numerous lawsuits assert that the manufacturers failed to conduct proper long-term studies on the gastrointestinal complications caused by Ozempic
Aggressive and Misleading Marketing: Victims allege that the manufacturers aggressively marketed Ozempic without sufficiently disclosing severe side effects and complications. Certain Ozempic lawsuits assert that marketing campaigns downplayed severe complications at the same time exaggerating the benefits of GLP-1 medication.
***Ozempic’s Prescribing Information sets forth certain warnings, precautions, and adverse reactions of Ozempic use. However, Novo Nordisk fails to disclose the risk of severe gastrointestinal problems. Novo Nordisk does not warn of digestive events such as gastroparesis. Novo Nordisk does inform of delayed gastric emptying in a section entitled “Drug Interaction.” Novo Nordisk warns that Ozempic “may impact absorption of concomitantly administered oral medications.” In the “Mechanism of Action” part, the prescribing Information declares that “[t]he mechanism of blood glucose lowering also involves a minor delay in gastric emptying in the early postprandial phase.” These declarations fail to disclose gastroparesis or inhibited (delayed) gastric emptying as a side effect of Ozempic. The declarations fails to make it known that gastroparesis is a chronic condition that can be caused by Ozempic.