MDL Track
MDL 3094
E.D. Pa.
GLP-1 receptor agonist (Ozempic) gastroparesis track
3,363 pending
Pharmaceutical · litigation and safety scrutiny around semaglutide products and severe gastrointestinal injuries including gastroparesis
Defendant
Novo Nordisk A/S
MDL / Track
MDL 3094
E.D. Pa.
Judge
Judge Karen Spencer Marston
Plaintiffs
~3,444 pending (3,363 per JPML's March 2, 2026 report, plus ~81 new filings tracked since)
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
MDL No. 3094 (In re: Glucagon-Like Peptide-1 Receptor Agonist Products Liability Litigation) holds approximately 3,546–3,636 active cases in the Eastern District of Pennsylvania before Judge Karen S. Marston as of May 2026, with bellwether selection underway in expert discovery and trials expected late 2026. Plaintiffs allege Novo Nordisk and Eli Lilly failed to warn that GLP-1 drugs Ozempic, Wegovy, Mounjaro, and Zepbound cause severe gastroparesis, including fatal aspiration events during surgical anesthesia. The Master Complaint filed November 2024 spans 244 pages and targets labeling that allegedly understated severity and duration of gastric motility injuries.
Causation Theory
GLP-1 receptor agonists slow gastric emptying as an intended therapeutic mechanism; plaintiffs allege this effect becomes pathologically excessive in some patients, causing gastroparesis diagnosed by gastric emptying studies showing >10% meal retention at 4 hours. Published cohort studies report a 3.33-fold to 6.14-fold relative risk increase versus comparators, with incidence of 0.53%–0.7% and hazard ratios of 3.33 (95% CI 2.27–4.98) versus bupropion-naltrexone and 6.14 (3.94–9.57) versus sleeve gastrectomy. Semaglutide's half-life of approximately 7 days produces substantial drug elimination over 4–5 weeks, with symptom resolution typically occurring within 4–8 weeks of discontinuation, though a subset experiences persistent symptoms for months.
Case Management Orders
Litigation status
MDL 3094 (In re: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation) proceeds in the Eastern District of Pennsylvania under Judge Karen Spencer Marston. The court's August 15, 2025 Daubert ruling narrowed claims by requiring gastric emptying study documentation for gastroparesis allegations but preserved core failure-to-warn and misrepresentation theories. Daubert motions were due October 27, 2025; summary judgment briefing is scheduled for April 2026.
MDL Track
MDL 3094
E.D. Pa.
GLP-1 receptor agonist (Ozempic) gastroparesis track
3,363 pending
State Court Activity
New Jersey Supreme Court approved multicounty litigation creating state-coordinated venue parallel to federal MDL; excluded from MDL 3094 per January 2025 JPML decision
MDL 3094 Leadership
Plaintiff Leadership
Co-Lead Counsel
Liaison Counsel
Geographic exposure
GLP-1 gastroparesis litigation: ~3,600 active federal cases as of May 2026. Published epidemiology shows 3.33×–6.14× relative risk versus comparators, with incidence 0.53%–0.65% (6.5 cases per 1,000 person-years on semaglutide). Absolute risk under 1%; most cases resolve 4–8 weeks post-discontinuation. Persistent symptoms reported in subset with 6–12 month recovery timelines.
MDL 3094 (In re: Glucagon-Like Peptide-1 Receptor Agonists Products Liability Litigation) centralized before Judge Karen S. Marston. As of May 2026, approximately 3,546–3,636 active personal injury suits, with ~75% alleging gastroparesis/stomach paralysis. Bellwether trial selection expected late 2026.
Novo Nordisk's primary U.S. manufacturing facility for semaglutide API. FDA inspection reports (obtained via FOIA, September 2023) documented bacterial contamination in Rybelsus batches on at least three occasions between February–June 2023, and prior quality control lapses identified May 2022. Facility produces active pharmaceutical ingredient for Ozempic, Wegovy, Rybelsus.
6-year statute of limitations for product liability and personal injury claims — longest window nationwide. Single federal district (D.N.D.) handles all pharmaceutical cases. Population 780,000 with rural diagnostic delays creating discovery-rule opportunities. Modified comparative fault with 50% bar; no compensatory damages caps.
Philadelphia Complex Litigation Center remains major state-court mass tort venue. Strict liability under Restatement (Second) Torts § 402A with consumer expectations test (no risk-utility). Two-year SOL. Eastern District of Pennsylvania (Philadelphia) serves as MDL 3094 transferee court.
Key defendants
Novo Nordisk A/S
Role: Manufacturer
Aggressive dismissal posture in MDL 3094; filed Feb. 2025 motion before Judge Marston seeking to eliminate breach of warranty, design defect, negligence and medical monitoring claims. Lost individual dismissal bid in W.D. La. (Judge Cain, Dec. 2024) on failure-to-warn but preserved express warranty win. Core exposure remains gastroparesis/ileus warnings.
Eli Lilly and Company
Role: Manufacturer
Co-defendant with Novo Nordisk in MDL 3094; joined dismissal motion targeting 'extraneous' claims beyond failure-to-warn. Individual dismissal bid in Bjorklund (W.D. La.) rejected. Exposure tied to Trulicity and Mounjaro GI injury claims; indemnity posture unclear.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Novo Nordisk A/S | Manufacturer | Aggressive dismissal posture in MDL 3094; filed Feb. 2025 motion before Judge Marston seeking to eliminate breach of warranty, design defect, negligence and medical monitoring claims. Lost individual dismissal bid in W.D. La. (Judge Cain, Dec. 2024) on failure-to-warn but preserved express warranty win. Core exposure remains gastroparesis/ileus warnings. |
| Eli Lilly and Company | Manufacturer | Co-defendant with Novo Nordisk in MDL 3094; joined dismissal motion targeting 'extraneous' claims beyond failure-to-warn. Individual dismissal bid in Bjorklund (W.D. La.) rejected. Exposure tied to Trulicity and Mounjaro GI injury claims; indemnity posture unclear. |
Timeline
First Gastroparesis Lawsuit Filed
Jaclyn Bjorklund files first Ozempic gastroparesis lawsuit in Louisiana against Novo Nordisk and Eli Lilly, alleging stomach paralysis after taking Ozempic and Mounjaro.
FDA Adds Ileus Warning to Ozempic Label
FDA requires addition of ileus to Ozempic prescribing information, marking first regulatory acknowledgment of serious GI injury risk.
MDL 3094 Formed in E.D. Pa.
JPML consolidates 55 cases into MDL 3094, In re: Glucagon-Like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation, assigned to Eastern District of Pennsylvania.
Judge Marston Takes MDL 3094
U.S. District Judge Karen Spencer Marston appointed to preside over MDL 3094 following death of Judge Gene E.K. Pratter on May 17, 2024.
Master Complaint Filed
Plaintiffs file 244-page consolidated master complaint alleging failure to warn. Complaint cites FDA FAERS data showing nearly 500 U.S. deaths linked to semaglutide medications.
JPML Expands MDL to Include Saxenda
JPML expands MDL 3094 scope to include Novo Nordisk's Saxenda. Declines to add blood clot injury cases, maintaining focus on GI injuries.
Judge Marston Narrows But Preserves Litigation
Judge Marston rules plaintiffs must provide gastric emptying study documentation to proceed; 12 of 17 counts survive against manufacturers. Daubert motions due October 27, 2025.
New Jersey MCL Approved for Gastroparesis
New Jersey Supreme Court approves multicounty litigation for Ozempic gastroparesis lawsuits, creating state-coordinated venue parallel to federal MDL.
Daubert Motions Filed; Expert Depositions Complete
Daubert motions challenging expert testimony filed; expert depositions completed. Bellwether trials anticipated late 2026. Approximately 3,636 cases pending as of May 2026.
Statute of limitations
MDL 3094 (gastroparesis/GI injury) split from NAION track (MDL 3163) December 2025 per JPML order. Both assigned to Judge Karen Spencer Marston, E.D. Pa. No federal preemption ruling yet; preemption defenses expected in April 2026 summary judgment briefing. Tolling agreements not publicly disclosed. Screen for: (1) brand-name use only; (2) gastroparesis diagnosis with hospitalization/ER visit; (3) temporal proximity to GLP-1 use. Source: Shouse Law (Jan. 2026), Seeger Weiss (Apr. 2025).
⚠Kentucky
1 year from injury
Rule: Ky. Rev. Stat. § 413.140(1)(a); strict 1-year personal injury SOL
Discovery: Discovery rule may apply but courts construe narrowly; defendant will argue earliest possible accrual
Shortest SOL in major plaintiff states. Immediate intake screening required. Source: Noakes Law Group analysis (2025).
⚠Louisiana
1 year from injury
Rule: La. Civ. Code art. 3492; early filings in W.D. La. (2:23-cv-01020-JDC-KK)
Discovery: Discovery rule recognized but applied restrictively; contra non valentem doctrine available for fraudulent concealment
Pioneer filings state. 1-year window creates intake pressure. Individual filings only, not class action. Source: Lawsuit Legal (2024).
Indiana
2 years from injury
Rule: Ind. Code § 34-11-2-4; product liability claims accrue when injury occurs
Discovery: Discovery rule recognized but limited; statutory text focuses on 'occurrence' of injury
No pending revival legislation. Source: Noakes Law Group analysis (2025).
California
2 years from discovery
Rule: Cal. Code Civ. Proc. § 335.1; discovery rule standard for product liability
Discovery: Injury must be discovered or discoverable by reasonable diligence; delayed diagnosis claims viable
Largest plaintiff pool. Source: TruLaw analysis (2024).
Pennsylvania
2 years from discovery
Rule: 42 Pa. Cons. Stat. § 5524(2); MDL 3094 situs
Discovery: Discovery rule applies; accrual when plaintiff knows or should know of injury and its cause
MDL 3094 (In re: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation) centralized before Judge Karen Spencer Marston, E.D. Pa. Summary judgment motions scheduled April 2026. Bellwether trials expected late 2026-2027. Source: Shouse Law (Jan. 2026).
Maine
6 years from discovery
Rule: 14 Me. Rev. Stat. § 859; longest SOL for product liability
Discovery: Discovery rule applies; 6-year window from when injury discovered or should have been discovered
Favorable for delayed diagnosis cases. Source: TruLaw analysis (2024).
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| ⚠Kentucky | 1 year from injury | Ky. Rev. Stat. § 413.140(1)(a); strict 1-year personal injury SOL | Discovery rule may apply but courts construe narrowly; defendant will argue earliest possible accrual | Shortest SOL in major plaintiff states. Immediate intake screening required. Source: Noakes Law Group analysis (2025). |
| ⚠Louisiana | 1 year from injury | La. Civ. Code art. 3492; early filings in W.D. La. (2:23-cv-01020-JDC-KK) | Discovery rule recognized but applied restrictively; contra non valentem doctrine available for fraudulent concealment | Pioneer filings state. 1-year window creates intake pressure. Individual filings only, not class action. Source: Lawsuit Legal (2024). |
| Indiana | 2 years from injury | Ind. Code § 34-11-2-4; product liability claims accrue when injury occurs | Discovery rule recognized but limited; statutory text focuses on 'occurrence' of injury | No pending revival legislation. Source: Noakes Law Group analysis (2025). |
| California | 2 years from discovery | Cal. Code Civ. Proc. § 335.1; discovery rule standard for product liability | Injury must be discovered or discoverable by reasonable diligence; delayed diagnosis claims viable | Largest plaintiff pool. Source: TruLaw analysis (2024). |
| Pennsylvania | 2 years from discovery | 42 Pa. Cons. Stat. § 5524(2); MDL 3094 situs | Discovery rule applies; accrual when plaintiff knows or should know of injury and its cause | MDL 3094 (In re: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation) centralized before Judge Karen Spencer Marston, E.D. Pa. Summary judgment motions scheduled April 2026. Bellwether trials expected late 2026-2027. Source: Shouse Law (Jan. 2026). |
| Maine | 6 years from discovery | 14 Me. Rev. Stat. § 859; longest SOL for product liability | Discovery rule applies; 6-year window from when injury discovered or should have been discovered | Favorable for delayed diagnosis cases. Source: TruLaw analysis (2024). |
Live intelligence
AI litigation brief
Ozempic Gastroparesis remains mid-stage / active mdl with 101 current signals in the accepted feed.
Overview
MDL 3094 (In re: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation) proceeds in the Eastern District of Pennsylvania under Judge Karen Spencer Marston. The court's August 15, 2025 Daubert ruling narrowed claims by requiring gastric emptying study documentation for gastroparesis allegations but preserved core failure-to-warn and misrepresentation theories. Daubert motions were due October 27, 2025; summary judgment briefing is scheduled for April 2026.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 3094, pointing to sustained litigation pressure rather than a one-off headline cycle. 6 live sources are contributing current context.
Editorial intelligence
MDL 3094 should stay on the lead docket watch because it is the primary consolidation vehicle for Ozempic Gastroparesis.
Generated Aug 12, 2026, 2:00 AM UTC
101 events detected
Google News (10)
Ozempic Lawsuit Eligibility (Updated July 2026) - LawFold.com
semaglutide constipation class action in dallas semaglutide stomach paralysis attorney in dallas Does Ozempic Cause Gastroparesis? [2026 Update] - news36live
Stomach paralysis is the rare Ozempic side effect GLP-1 researchers are just starting to take seriously - Charlotte Observer
Ozempic Lawsuit 2026: Who Qualifies and What to Expect - LawFold.com
Ozempic Lawsuit Criteria: Who Qualifies in 2026 - LawFold.com
Ozempic Wrongful Death Lawsuit Filed as GLP-1 Litigation Grows - The Legal Examiner
Ozempic Wrongful Death Lawsuit Filed - The Legal Examiner
Ozempic Lawsuit 2 Billion: Full 2026 Update & Payouts - LawFold.com
GLP-1 Lawsuits: An Update and What You Should Know as a Prescriber - Endocrinology Advisor
Ozempic Lawsuit Morgan and Morgan Update 2026 - LawFold.com
Digestive diseases and sciences • Dahiya DS • PMID 42570075 • Journal Article.
Journal of cardiothoracic surgery • Lam GT • PMID 42286576 • Journal Article.
PloS one • Jiang N • PMID 42284324 • Journal Article.
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket filed in JPML: The plaintiffs are suing Novo Nordisk, alleging that the diabetes medications Ozempic and Rybelsus, which are GLP-1 receptor agonists, caused severe gastrointestinal issues, including gastroparesis. The lawsuit claims that Novo Nordisk downplayed these side effects and inadequately warned users abou
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC. ( Filing fee $ 405 receipt number CPAEDC-19533309.), filed by TIM DEVARGAS. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(AMINOLROAYA, PARVIN) (Entered: 08/10/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against ELI LILLY AND COMPANY, NOVO NORDISK A/S, NOVO NORDISK, INC. ( Filing fee $ 405 receipt number APAEDC-19533331.), filed by Robert Woods. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(SEDGH, JONATHAN) (Entered: 08/10/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC. ( Filing fee $ 405 receipt number APAEDC-19533256.), filed by MESHA BROOKS. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Exhibit)(Schramm, Sara) (Entered: 08/10/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19532539.), filed by ALISHA OVERSTREET. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Nigh, Daniel) (Entered: 08/10/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT BERTINA LITTLE against All Defendants ( Filing fee $ 405 receipt number APAEDC-19532273.), filed by BERTINA LITTLE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Designation Form Designation Form)(BINSTOCK EPHRON, MELISSA) (Entered: 08/10/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19529259.), filed by ANNIE VAZQUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Nigh, Daniel) (Entered: 08/09/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19529257.), filed by TERRENCE DAVISON. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Nigh, Daniel) (Entered: 08/09/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against ELI LILLY AND COMPANY, LILLY USA, LLC ( Filing fee $ 405 receipt number APAEDC-19529255.), filed by VALERIE LANE. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Nigh, Daniel) (Entered: 08/09/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19529253.), filed by LISA ELLISON-MCCARVER. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Nigh, Daniel) (Entered: 08/09/2026)
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LexGenius Ranking
92Score
Court, news, and regulatory activity are elevated
Monitoring
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Last: Aug 12, 2026, 2:00 AM UTC
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PACER
PACER
Google News
FAERS
PubMed
Event feed
101
events detected
AI Brief
Ozempic Gastroparesis remains mid-stage / active mdl with 101 current signals in the accepted feed.
Overview
MDL 3094 (In re: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation) proceeds in the Eastern District of Pennsylvania under Judge Karen Spencer Marston. The court's August 15, 2025 Daubert ruling narrowed claims by requiring gastric emptying study documentation for gastroparesis allegations but preserved core failure-to-warn and misrepresentation theories. Daubert motions were due October 27, 2025; summary judgment briefing is scheduled for April 2026.
Key developments
PACER court filing on Dec 31: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation. ‖ LawFold.com news on Jul 28: Ozempic Lawsuit Eligibility (Updated July 2026) - LawFold.com. ‖ FAERS FDA alert on Jun 30: FAERS Filing 26944957: Gastrointestinal disorder. ‖ PubMed research on Aug 8: Impact of GLP-1 Analogue Therapy on Gastrointestinal Outcomes in Patients with Irritable Bowel Syndrome: A Real-World TriNetX Analysis..
Generated Aug 12, 2026, 2:00 AM UTC
Tracked MDLs
MDL 3094
E.D. Pa.
GLP-1 receptor agonist (Ozempic) gastroparesis track