Evidence for GLP-1 Lawsuits

Thousands of plaintiffs have filed lawsuits against the makers of several GLP-1 drugs. 

• Manufacturer Novo Nordisk is responsible for Ozempic, Rybelsus®, Saxenda®, Wegovy and Victoza®
• Manufacturer Eli Lilly is responsible for Mounjaro, Trulicity® and Zepbound®

Doctors prescribe GLP-1s to treat type 2 diabetes, manage weight, reduce cardiovascular risk and help sleep apnea.

Lawsuits alleging injuries caused by these drugs have been combined into two multidistrict litigation dockets: 

• For gastrointestinal injury claims: In re: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation (GI Injuries), MDL No. 3094 
• For eye injury claims: In re: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION), MDL No. 3163 

Plaintiffs allege that the GLP-1s caused them severe side effects that led to injuries. Plaintiffs have also filed failure-to-warn claims against the manufacturers, alleging they knew or should have known about drug risks and didn’t inform the public.

New claimants can still file a lawsuit, and Motley Rice attorneys are accepting cases. To establish GLP-1 lawsuit eligibility, you’ll need the following information. 

Proof of your prescription and drug usage

To file a GLP-1 lawsuit, you’ll have to show that you actually took a GLP-1 medication. You’ll also need to prove that it was prescribed to you by a physician, and you took it according to their instructions. 

Furthermore, you need to have taken the GLP-1 long enough for it to have likely caused your side effects and injury. This typically means you have been on the drug for several weeks, months or longer. Having taken more than one GLP-1 drug is acceptable, as long as it is clear when certain side effects began and if they stopped.

Diagnostic medical records

Your diagnostic medical records provide your detailed patient history. They are available from every medical facility where you have received treatment. These records can provide information for a GLP-1 lawsuit about the condition that led you to take the drug and information about your reaction to it. 

Generally, diagnostic medical records include:

• Diagnostic imaging reports
• Discharge summaries
• Examination notes from treating physicians
• Follow-up reports
• Lab test results
• Pathology reports
• Patient identification and biographical information
• Radiology reports
• Treatment notes

Objective medical test results provide further medical evidence needed for a GLP-1 claim. They are part of your overall diagnostic medical record. They include measurable tests and diagnostic images, such as blood tests, CT scans, MRIs and biopsies. 

In the case of a GLP-1 lawsuit, you’ll need results from tests used to diagnose and measure a specific GLP-1-related condition. 

How diagnostic tests strengthen your claim

Diagnostic test results can provide some of the clearest evidence that you have a specific medical condition and that the medical condition impacts your life in a legitimate way.

For instance, you can diagnose gastroparesis with a gastric emptying scan (GES), which measures stomach motility. X-rays, CTs and ultrasounds can all show a blockage.

Another condition tied to GLP-1 use is vision loss. You can prove vision problems with an eye test and blood clots using MRIs and ultrasounds.

These tests can not only prove that you have a GLP-1 side effect and injury, but they can also reveal the severity of your condition. This can shed light on how your injury affects your life, which can help support your lawsuit. 

Proof of economic damages

To qualify for litigation, you’ll also need proof that your GLP-1-related condition caused you economic damages. These damages usually include medical expenses and lost wages. Applicable forms of evidence may include pay stubs, PTO or medical leave requests, other income records, medical bills and proof of payments. You may also need to work with experts to get estimates regarding your ongoing medical needs and expected future injury-related expenses. 

Additionally, you may qualify for compensation for non-economic damages for your physical, mental and emotional pain and suffering. These damages are more subjective. You prove them using medical evidence that can show the severity of your condition, as well as testimony about how your injury affects your life. 

However, having proof of your damages and the other information discussed does not guarantee you’ll be able to file a GLP-1 lawsuit. 

The best way to determine if you can file a lawsuit is to consult with a lawyer. An attorney with medical drug litigation experience can provide you with more information on how to gather evidence to prove a GLP-1 injury case. 

Several serious GLP-1 side effects and related conditions may qualify you for a lawsuit. GLP-1 manufacturers did not list, or did not adequately list, these on drug warning labels. They include:

• Blood clots
• Deep vein thrombosis (DVT)
• Gallbladder diseases, including gallstones and jaundice
• Gastroenteritis
• Gastroparesis
• Ileus and intestinal obstruction
• Intraoperative pulmonary aspiration (choking under anesthesia)
• Pancreatitis
• Pulmonary embolism
• Sudden Vision loss (specifically, nonarteritic anterior ischemic optic neuropathy (NAION))

If you have taken a GLP-1 and have been diagnosed with one of the above, you may have sufficient evidence for a GLP-1 lawsuit. A Motley Rice attorney could review your potential claim. 

Other factors can affect your GLP-1 lawsuit eligibility. 

Having evidence and a qualifying condition aren’t the only eligibility requirements for a lawsuit. There could be barriers to your claim, such as the statute of limitations. These statutes are the time limits each state sets for filing a case in civil court. If time has run out, you may no longer be able to take legal action. If your window closes before you file, the court will typically not allow your case. 

In addition to being inside your legal time limits and having medical evidence for a GLP-1 lawsuit, you usually also must:

• Have taken a brand-name GLP-1: You must have taken a brand-name GLP-1 made by Novo Nordisk or Eli Lilly, not a generic version or a version made by a compounding pharmacy. 
• Have taken the GLP-1 as directed: You must have used the GLP-1 drug as directed by your doctor and according to the prescribing information on the Food and Drug Administration (FDA) medication label. This means you didn’t take more or less of the drug than your doctor prescribed and you didn’t start or stop taking the drug without instructions to do so from your doctor. 
• Have taken the GLP-1 for at least 30 days: Usually, you must have taken a GLP-1 for at least 30 days before the onset of your side effect or injury. 

Motley Rice has a long history of advocating for people harmed by medical drugs, including diabetes medications like GLP-1s. If you suspect this type of medication harmed you or someone you love, our attorneys can help you review your evidence for a GLP-1 lawsuit and discuss your potential claim. 

Our law firm is currently handling cases involving the following:

• Ozempic
• Mounjaro
• Rybelsus
• Trulicity
• Wegovy

Read more on our medical drug litigation experience.

Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor’s advice can result in injury or death. Ozempic, Wegovy, Rybelsus, Mounjaro, Victoza, Saxenda, Zepbound and Trulicity remain approved by the U.S. Food and Drug Administration.