Lawsuits claiming Ozempic, other GLP-1s led to blindness become second mass litigation over the drugs

By Diana Novak Jones DEC 15 (Reuters) - A federal judicial panel said Monday it would centralize a growing number of lawsuits against Novo Nordisk and Eli Lilly alleging patients lost some or all of their eyesight while taking the companies’ blockbuster weight loss drugs before a judge in Pennsylvania. The U.S. Judicial Panel on Multidistrict Litigation, which manages complex federal litigation, agreed with the plaintiffs that the cases should be centralized in their own multi-district litigation (MDL) in Philadelphia federal court rather than added to the existing mass litigation in the same court over gastrointestinal side effects of the drugs. Although the injuries are different, there will be overlap between the two multidistrict litigation proceedings, so they will proceed separately but be before the same judge, U.S. District Judge Karen Marston, the panel said. The lawsuits in the new MDL allege the drugs, including Novo Nordisk’s Ozempic, Wegovy and Saxenda and Eli Lilly’s Trulicity, can trigger non-arteritic anterior ischemic optic neuropathy, a condition that occurs when blood flow to the optic nerve is blocked or reduced, which can lead to blindness. Representatives for the companies did not immediately respond to requests for comment. Nor did representatives for the plaintiffs. The drugs belong to a class of injectable drugs known as GLP-1 agonists, which mimic a hormone that also slows digestion and helps people feel full longer. They were originally developed to treat diabetes but versions of the drugs are now also used for weight loss. They are widely prescribed in the U.S., with an August U.S. Centers for Disease Control and Prevention study finding that more than one in four adults with diabetes used one. The plaintiffs had asked the panel to create a separate multi-district litigation for the cases, arguing that the optic neuropathy cases deal with different medical issues and evidence than other lawsuits claiming the drug can cause gastroparesis, a paralysis of the gastrointestinal tract. The gastroparesis lawsuits were centralized before Marston in February 2024. The companies had urged the panel to add the cases to the existing gastroparesis MDL. There are currently 30 optic neuropathy lawsuits pending in federal court, and more than 40 in state court, court records show. They began hitting dockets after a July 2024 study described the potential risk of the condition associated with the drugs. There are nearly 3,000 lawsuits over the gastroparesis claims in the MDL, according to court records. The companies have refuted the claims over gastroparesis and optic neuropathy, arguing in court filings that the risk of gastroparesis is well-publicized and that the companies are unable to change the drugs’ design without the approval of the U.S. Food and Drug Administration. The case is IN RE: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Non-Arteritic Anterior Ischemic Optic Neuropathy Products Liability Litigation, case number 3163. For the plaintiffs: Christopher Seeger, Parvin Aminolroaya and Max Kelly of Seeger Weiss For Eli Lilly: Diana Watral of Kirkland & Ellis For Novo Nordisk: Loren Brown and Lucas Przymusinski of DLA Piper