In a significant development, a Louisiana federal judge delivered a blow to Novo Nordisk, refusing to dismiss a pivotal lawsuit concerning the potential side effects of its widely-used drug, Ozempic. The ruling, handed down by U.S. District Judge James Cain Jr, acknowledges the merit in plaintiff Jaclyn Bjorklund’s claims that the pharmaceutical giant failed to adequately caution her healthcare providers about the risk of gastroparesis linked to the drug.
While dismissing Bjorklund’s breach of express warranty claim, asserting false marketing of the drug’s safety, Judge Cain allowed room for amendment, indicating that she could refile the complaint. Novo Nordisk maintains its position, asserting that the alleged side effects are well-documented and emphasized in the U.S. Food and Drug Administration-approved label.
Bjorklund, who switched to Eli Lilly’s Mounjaro in July 2023, citing severe vomiting and pain caused by Ozempic, faces a similar legal battle with Eli Lilly. The latter contests the lawsuit, deeming it baseless and has submitted a motion to dismiss, currently pending in court records.
Since Bjorklund initiated her legal action in August, nearly 20 additional lawsuits have emerged against both Novo Nordisk and Eli Lilly. These lawsuits, encompassing drugs like Ozempic, Mounjaro, and Wegovy, allege that the pharmaceutical companies downplayed or neglected to warn about severe side effects, including stomach and intestinal paralysis or obstruction.
Morgan & Morgan, representing Bjorklund, has urged the U.S. Judicial Panel on Multidistrict Litigation to consolidate the growing number of lawsuits before Judge Cain. With over 10,000 claims under investigation by the firm, the push for a multidistrict litigation framework gains momentum.
Josh Autry, one of Bjorklund’s legal representatives from Morgan & Morgan, lauded Judge Cain’s diligence and attention to the cases, strengthening the argument for his oversight in any multidistrict litigation arising from these claims.
The legal saga continues, with the case officially titled Jaclyn Bjorklund v. Novo Nordisk, unfolding in the U.S. District Court for the Western District of Louisiana under case number 2:23-cv-01020.
