Ozempic / GLP-1 Lawsuits in South Dakota

Over 3,100 lawsuits allege that Novo Nordisk (maker of Ozempic, Wegovy, Rybelsus) and Eli Lilly (maker of Mounjaro, Zepbound) failed to adequately warn patients and doctors about severe side effects including gastroparesis (stomach paralysis), bowel obstruction, pancreatitis, and vision loss (NAION). The cases are consolidated in MDL 3094 in the Eastern District of Pennsylvania.

A gastric emptying scintigraphy (GES) is a 4-hour nuclear medicine test that measures how quickly food leaves your stomach. You eat a small meal containing a radioactive tracer, and a camera tracks its movement. An August 2025 MDL ruling requires gastroparesis plaintiffs to have a confirmed GES showing delayed emptying. If you are experiencing gastroparesis symptoms, getting this test is critical for both diagnosis and any legal claim.

The primary injuries are: gastroparesis (stomach paralysis), intestinal obstruction/ileus, acute pancreatitis, gallbladder disease (cholecystitis/cholelithiasis), and NAION (non-arteritic anterior ischemic optic neuropathy — sudden vision loss). Gastroparesis claims make up the majority of the MDL.

It depends. Some patients improve after discontinuing the drug, though recovery may take weeks to months. However, a significant subset of patients develop persistent gastroparesis that does not resolve — requiring ongoing medical management, dietary modifications, or surgical intervention. The persistence of symptoms after drug discontinuation strengthens the legal claim.

Yes. In fact, weight-loss patients represent the majority of plaintiffs in the MDL. The landmark JAMA 2023 study specifically examined GLP-1 use in non-diabetic weight-loss patients and found dramatically elevated GI risks. Whether you used Ozempic, Wegovy, or Mounjaro — and whether for diabetes or weight loss — you may have a claim if you suffered a qualifying injury.

This is a common defense argument, but it can be overcome. Key factors: if your gastric function was normal before starting the GLP-1 drug (documented by prior testing or absence of GI complaints), if gastroparesis developed rapidly after drug initiation, and if you were using the drug for weight loss rather than diabetes. Pre-drug documentation of normal GI function is the strongest rebuttal.

Yes. Eli Lilly's Mounjaro (tirzepatide) and Zepbound are included in the MDL alongside Novo Nordisk's semaglutide products. The legal theories are the same: failure to warn about severe GI complications. Claims against both manufacturers are consolidated in the same MDL.

Yes. Cholecystectomy (gallbladder removal) is a direct compensable injury. Your claim would allege that the GLP-1 drug caused gallstone formation or cholecystitis that necessitated surgery. Evidence includes: surgical records, pathology reports confirming gallstones, timeline showing gallbladder disease developed after starting the drug, and no prior gallbladder problems.

Gastroparesis is a condition where the stomach cannot empty food normally. Symptoms include severe nausea, vomiting, abdominal pain, and malnutrition. When caused by GLP-1 drugs, gastroparesis may improve after stopping the medication, but in many cases it persists for months or years — and some patients develop permanent gastroparesis requiring ongoing medical management or surgery.

Very likely. Rapid weight loss is a well-established risk factor for gallstone formation. GLP-1 drugs produce rapid weight loss AND directly affect gallbladder motility — a double risk. A systematic review of 76 RCTs found 37% higher gallbladder disease risk with GLP-1 drugs. The combination of rapid weight loss and direct pharmacological effects strengthens the causation argument.

No trials have concluded yet — bellwether trials are expected in mid-to-late 2026. Projected settlement ranges based on comparable mass tort outcomes are: $100,000-$250,000 for mild gastroparesis, $250,000-$700,000 for severe GI injuries, and $700,000-$1,500,000+ for NAION or fatal complications. Actual values will be established by trial outcomes.

Not necessarily. Even when a label includes a general warning, the manufacturer can be liable if the warning understates the magnitude of risk, fails to communicate urgency, or is not prominently positioned. Plaintiffs argue the gallbladder warnings were buried in fine print and did not convey the true frequency and severity of gallbladder complications.

Key evidence includes: prescription records showing which GLP-1 drug you used, dosage, and duration; medical records documenting your diagnosis (gastroparesis, bowel obstruction, pancreatitis, NAION, etc.); a gastric emptying study if gastroparesis is claimed; and records showing the condition developed after starting the drug. An August 2025 MDL ruling requires gastroparesis plaintiffs to have a confirmed gastric emptying study.

Acute pancreatitis is typically diagnosed through: elevated serum lipase and/or amylase levels (3x above normal), characteristic abdominal pain, and imaging (CT scan or MRI) showing pancreatic inflammation. Hospital records documenting these findings during GLP-1 use provide strong evidence for your claim.

Yes. New cases continue to be filed and added to the MDL. The statute of limitations typically starts at diagnosis, so recently diagnosed patients should file promptly. If you were diagnosed more than 2 years ago, the discovery rule may still protect your claim — consult an attorney immediately to evaluate your deadline.

Yes. Both semaglutide (Ozempic/Wegovy) and tirzepatide (Mounjaro/Zepbound) carry pancreatitis risk through similar GLP-1 receptor mechanisms. Claims against Eli Lilly for Mounjaro-related pancreatitis follow the same legal theories as claims against Novo Nordisk for Ozempic. Both are consolidated in MDL 3094.

NAION (non-arteritic anterior ischemic optic neuropathy) is a form of sudden, painless vision loss caused by inadequate blood flow to the optic nerve. Studies show semaglutide users face 4-8x higher NAION risk. The EMA required European warnings in August 2024, but Novo Nordisk has not updated U.S. labels. A separate NAION MDL (3163) was established in December 2025.

Yes. Recurrent or severe pancreatitis can lead to chronic pancreatitis — a permanent condition causing ongoing pain, malabsorption, and diabetes. Severe pancreatitis can also cause pancreatic necrosis, pseudocysts, or organ failure. Long-term complications increase the value of your claim.

No. You do not need to stop taking your medication to file a lawsuit. The decision to continue or discontinue a GLP-1 drug should be made with your doctor based on your medical needs. Your lawsuit is about the manufacturer's failure to warn, not about your decision to use the drug.

Emergency bowel obstruction surgery is among the most serious GLP-1 injuries and produces the highest-value claims. Document: emergency room records, surgical records, length of hospitalization, any complications (ostomy, bowel resection), and recovery timeline. Contact an attorney immediately — your case is strong.

An MDL (multidistrict litigation) consolidates similar federal cases before a single judge for efficiency during pre-trial proceedings. Your case remains individual — your specific injuries and damages are unique. The MDL structure means shared discovery, coordinated expert testimony, and bellwether trials that inform settlement negotiations for all cases.

Not exactly. Ileus is a functional shutdown of intestinal motility — the intestine stops moving even without a physical blockage. Bowel obstruction involves a physical blockage of the intestinal passage. Both are serious and both are listed as adverse reactions on GLP-1 labels (ileus added September 2023; intestinal obstruction added January 2025). Both support legal claims.

The Ozempic litigation is an MDL, not a class action. Each plaintiff has an individual case with individual damages. There is no single class action settlement. However, after bellwether trials establish value ranges, Novo Nordisk and Eli Lilly may negotiate a global settlement program similar to the Roundup or opioid settlements.

Post-market reports to the FDA's FAERS system include fatalities associated with ileus and intestinal obstruction in GLP-1 users, though establishing direct causation in individual cases requires medical expert review. Wrongful death claims are among the highest-value claims in the MDL.

In most cases, yes. NAION causes permanent damage to the optic nerve from loss of blood flow. Some patients retain partial vision, while others experience near-total blindness in the affected eye. There is also risk of NAION developing in the second eye. There is no proven treatment to reverse NAION damage once it occurs.

The EMA (European Medicines Agency) has a different regulatory process than the FDA. The EMA reviewed the JAMA Ophthalmology data and required label updates in August 2024. The FDA has acknowledged the studies but has not yet required a U.S. label update. This regulatory gap is central to the NAION failure-to-warn litigation — Novo Nordisk knew of the risk but chose not to voluntarily update U.S. labels.

NAION is diagnosed by an ophthalmologist or neuro-ophthalmologist through: examination of the optic disc (showing swelling), visual field testing (showing characteristic deficits), and ruling out other causes of optic nerve damage. If you experienced sudden, painless vision loss while taking semaglutide, seek an ophthalmology evaluation immediately and preserve all medical records.

No. File as soon as possible. The statute of limitations is running regardless of the MDL schedule. Filing now ensures your case is in the pipeline when settlement programs are established. There is no advantage to waiting — and significant risk if you miss your filing deadline.

If a global settlement is reached, a settlement administrator typically creates a point system based on: injury type and severity, duration of drug use, strength of causation evidence, medical expenses, lost income, and other damages. Each plaintiff receives an individual value based on their points. Higher-severity injuries receive substantially higher payments.

Most Ozempic attorneys work on contingency — typically 33-40% of the recovery. You owe no fee upfront and the attorney only gets paid if you receive compensation. In MDL cases, there may also be a common benefit fund (typically 4-8%) that compensates attorneys who performed work benefiting all plaintiffs.

Novo Nordisk is a Danish pharmaceutical giant with a market capitalization that has exceeded $500 billion. Semaglutide products generated $29.3 billion in 2024 revenue — 70% of the company's total sales. Novo Nordisk briefly became the most valuable company in Europe on the strength of its GLP-1 franchise.

Yes. Novo Nordisk has faced litigation over other products, though the GLP-1 MDL is by far the largest legal challenge in the company's history. The combination of billions in revenue, millions of patients, and serious undisclosed side effects creates unprecedented litigation exposure for the company.

Claims against compounding pharmacies are separate from the MDL against Novo Nordisk. If you used FDA-approved Ozempic, Wegovy, or Rybelsus, your claim is against Novo Nordisk. If you used a compounded version, your claim may be against the compounding pharmacy. Consult an attorney to determine the right defendant for your situation.

Yes. Trulicity (dulaglutide, made by Eli Lilly) is a GLP-1 receptor agonist included in the MDL. The same failure-to-warn theories apply to all GLP-1 drugs. The key question is whether you suffered a qualifying injury (gastroparesis, bowel obstruction, pancreatitis, etc.) during or after Trulicity use.

Both contain semaglutide (made by Novo Nordisk). Ozempic is approved for type 2 diabetes at doses up to 2mg per week. Wegovy is approved for weight loss at 2.4mg per week — a higher dose. Many patients used Ozempic off-label for weight loss before Wegovy became available. Both are included in the litigation.

There is no evidence that Zepbound (tirzepatide) is safer than Ozempic (semaglutide) regarding GI complications. Both drug classes slow gastric emptying through GLP-1 receptor activation. Mounjaro/Zepbound are included as defendants in the same MDL. Do not switch drugs without consulting your doctor, and do not assume one GLP-1 drug is safer than another.