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 S. Marston
Plaintiffs
roughly 3,469 pending (3,363 per JPML March 2, 2026 report, plus ~106 new filings tracked since)
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
MDL No. 3094 in the Eastern District of Pennsylvania has surpassed 1,600 cases alleging that GLP-1 receptor agonists — semaglutide (Ozempic, Wegovy) and tirzepatide (Mounjaro, Zepbound) — cause gastroparesis and related GI injuries. Judge Karen Marston is presiding over the docket, where defendants Novo Nordisk and Eli Lilly filed motions to dismiss in January 2025 that remain pending; no discovery, Daubert rulings, or bellwether trials have been scheduled. A 244-page Master Complaint filed November 13, 2024 alleges manufacturers knew of gastroparesis risks but failed to adequately warn, with recent filings including wrongful death cases tied to aspiration events during uncontrolled vomiting.
Causation Theory
GLP-1 receptor agonists slow gastric emptying as a designed therapeutic mechanism; plaintiffs allege this effect becomes pathologically excessive in susceptible patients, causing gastroparesis diagnosed by gastric emptying scintigraphy showing >10% meal retention at 4 hours. A September 2023 FDA label update added ileus as a reported adverse reaction for Ozempic. A 2026 PLOS One systematic review of 13 GLP-1RA-associated gastroparesis cases found delayed gastric emptying on scintigraphy (4-hour retention 24%-88%) with symptom resolution after drug discontinuation, though plaintiffs allege persistent or permanent injury in some patients despite cessation.
Case Management Orders
Litigation status
MDL 3094 is in expert-evidentiary phase before Judge Karen S. Marston in the Eastern District of Pennsylvania. A Rule 702 hearing on general causation, warnings, and preemption ran September 10–18, 2026. No bellwether trials have commenced; the court has not set trial dates pending resolution of Daubert and summary-judgment motions.
MDL Track
MDL 3094
E.D. Pa.
GLP-1 receptor agonist (Ozempic) gastroparesis track
3,363 pending
State Court Activity
3,000+ cases estimated across state courts; Pennsylvania state filings in Philadelphia Complex Litigation Center
MDL 3094 Leadership
Plaintiff Leadership
Co-Lead Counsel
Liaison Counsel
Geographic exposure
GLP-1 gastroparesis litigation consolidated in MDL 3094 (E.D. Pa.) covers Ozempic, Wegovy, Mounjaro, Rybelsus, Saxenda, Trulicity. Qualifying criteria: gastroparesis diagnosis post-initiation; emergency care, hospitalization, or feeding tube placement; physician-documented permanent impairment. SOL windows vary 2-3 years by state with discovery rule application in Pennsylvania, Arkansas, Colorado, and other jurisdictions.
MDL No. 3094 centralized before Judge Karen Marston for GLP-1 gastroparesis/stomach paralysis claims. Early rulings focus on diagnostic proof and claim viability. Pennsylvania's 13 million residents face 2-year SOL with discovery rule. Philadelphia Complex Litigation Center historically significant mass tort venue.
Strict statutory SOL rules govern personal injury claims in drug litigation; two- to three-year discovery-based deadlines apply. Intake teams note urgency for residents with documented gastroparesis diagnoses, emergency care, hospitalizations, or feeding tube placement post-Ozempic/Wegovy/Mounjaro use.
Three-year SOL for product liability and personal injury claims with recognized discovery rule. Eastern and Western Districts of Arkansas funneling cases into federal MDL. No statutory caps on punitive damages in pharmaceutical cases; modified comparative fault with 49% bar.
Novo Nordisk semaglutide API manufacturing facility. FDA May 2022 inspection found quality control lapses including failure to list B. cepacia as objectionable organism. Repeat bacterial contamination events in semaglutide batches February-June 2023, per FDA report obtained via FOIA. Facility produces active ingredient for Rybelsus oral semaglutide.
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
FDA approves Ozempic for diabetes
FDA approves semaglutide (Ozempic) for type 2 diabetes management.
ASA issues pre-surgery GLP-1 guidance
American Society of Anesthesiologists recommends patients hold GLP-1 medications before elective surgery due to aspiration risk from gastroparesis.
First gastroparesis lawsuit filed
Bjorklund v. Novo Nordisk A/S, No. 2:23-cv-01020 (W.D. La.), filed by Jaclyn Bjorklund alleging severe stomach paralysis, hospitalization, and tooth loss from violent vomiting after Ozempic and Mounjaro use.
Court denies Lilly dismissal motion
Judge James D. Cain Jr. in Bjorklund, No. 2:23-cv-01020, rejects Eli Lilly's preemption and learned intermediary arguments, allowing failure-to-warn claims to proceed.
MDL 3094 established in E.D. Pa.
JPML consolidates federal GLP-1 gastroparesis cases as In re: Glucagon-Like Peptide-1 Receptor Agonists Products Liability Litigation, MDL No. 3094, before Judge Karen Marston.
Master Complaint filed
Plaintiffs file 244-page Master Complaint in MDL 3094 alleging Novo Nordisk and Eli Lilly knew of gastroparesis risks but failed to adequately warn.
Defendants file motions to dismiss
Novo Nordisk and Eli Lilly move to dismiss claims in MDL 3094.
Rule 702 hearing on causation
Judge Marston convenes Daubert hearing on admissibility of expert testimony linking GLP-1 drugs to gastroparesis.
MDL reaches 2,190 cases
MDL 3094 grows to 2,190 gastrointestinal-injury cases, per JPML report. Court requires objective diagnostic testing to support gastroparesis claims.
Rule 702 evidentiary hearing scheduled
Judge Marston schedules September 10-18, 2026 hearing on admissibility of plaintiffs' expert testimony regarding warnings, preemption, and general causation in MDL 3094. No bellwether trial date set; roughly 3,928 GI-injury cases pending as of August 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 111 current signals in the accepted feed.
Overview
MDL 3094 is in expert-evidentiary phase before Judge Karen S. Marston in the Eastern District of Pennsylvania. A Rule 702 hearing on general causation, warnings, and preemption ran September 10–18, 2026. No bellwether trials have commenced; the court has not set trial dates pending resolution of Daubert and summary-judgment motions.
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 Sep 30, 2026, 10:00 AM UTC
111 events detected
Google News (10)
Ozempic Lawsuit Settlement Amounts (September 2026) - LawFold.com
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
Rybelsus Lawsuit 2026: Claims, Payouts & Who Qualifies - 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
Journal of clinical gastroenterology • Leiman DA • PMID 42133868 • Journal Article.
Diabetes, obesity & metabolism • Su PH • PMID 42642357 • Journal Article.
American journal of physiology. Endocrinology and metabolism • Banks AS • PMID 42623313 • Journal Article.
PloS one • Ogundele OO • PMID 42594084 • Journal Article.
Digestive diseases and sciences • Dahiya DS • PMID 42570075 • 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 All Defendants ( Filing fee $ 405 receipt number APAEDC-19693130.), filed by Michael Ray. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(BURSOR, SCOTT) (Entered: 09/29/2026)
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, NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19690865.), filed by VICKY ROLON. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(AMINOLROAYA, PARVIN) (Entered: 09/29/2026)
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, NOVO NORDISK A/S, NOVO NORDISK INC., ( Filing fee $ 405 receipt number APAEDC-19690778.), filed by GILBERTO RAMOS. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(AMINOLROAYA, PARVIN) (Entered: 09/29/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-19690083.), filed by JON EDWARD CARTER. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Attachment A)(Benton, Danae) (Entered: 09/29/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT AND DEMAND FOR JURY TRIAL against ELI LILLY AND COMPANY, LILLY USA, LLC ( Filing fee $ 405 receipt number APAEDC-19689800.), filed by AMRI MARISSA MOSLEY. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Drago, Jon) (Entered: 09/29/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT AND DEMAND FOR JURY TRIAL against ELI LILLY AND COMPANY, LILLY USA, LLC ( Filing fee $ 405 receipt number APAEDC-19689283.), filed by KATHY JO SOLE. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Drago, Jon) (Entered: 09/29/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT AND DEMAND FOR JURY TRIAL against NOVO NORDISK A/S, NOVO NORDISK INC ( Filing fee $ 405 receipt number APAEDC-19689162.), filed by HELEN DAVIS. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Drago, Jon) (Entered: 09/29/2026)
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-19688227.), filed by Susan Bitsky. (Attachments: # 1 Supplement Unfair Trade Practices / Consumer Protection Supplement, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Designation Form Designation Form)(Mayfield, Nicholas) (Ent
Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability (Gastroparesis) Litigation
PACER docket entry from PAED: COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-19688214.), filed by Katherine Finley. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(BURSOR, SCOTT) (Entered: 09/28/2026)
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LexGenius Ranking
92Score
Court, news, and regulatory activity are elevated
Monitoring
Live
monitoring
Last: Sep 30, 2026, 10:00 AM UTC
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PACER
PACER
Google News
FAERS
PubMed
Event feed
111
events detected
AI Brief
Ozempic Gastroparesis remains mid-stage / active mdl with 111 current signals in the accepted feed.
Overview
MDL 3094 is in expert-evidentiary phase before Judge Karen S. Marston in the Eastern District of Pennsylvania. A Rule 702 hearing on general causation, warnings, and preemption ran September 10–18, 2026. No bellwether trials have commenced; the court has not set trial dates pending resolution of Daubert and summary-judgment motions.
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 Sep 2: Ozempic Lawsuit Settlement Amounts (September 2026) - LawFold.com. ‖ openFDA recall on Jul 29: FDA Recall: SEMAGLUTIDE 7.5mg (5mg/mL), Glycine 7.5 mg (5mg/mL), 1.5 mL . ‖ PubMed research on Oct 1: Esophageal Motility Patterns Are Not Impacted By Glucagon-Like Peptide-1 Receptor Agonist Use..
Generated Sep 30, 2026, 10:00 AM UTC
Tracked MDLs
MDL 3094
E.D. Pa.
GLP-1 receptor agonist (Ozempic) gastroparesis track