Latest Updates — May 2026

• May 15, 2026: MDL 3094 case count reaches 3,636 pending actions. New GLP-1 lawsuits continue to be filed at a pace of 100+ per month.
• May 12, 2026: Status conference held for the NAION MDL (3163) before Judge Marston. Parties confirmed Science Day planning is on track for the June 2, 2026 hearing date.
• April 28, 2026: Daubert motions filed in MDL 3094 challenging general causation experts on gastroparesis, ileus, and gallbladder claims. Judge Marston’s rulings on admissibility are expected to be a defining moment for the litigation’s trajectory.

When Jaclyn Bjorklund started taking Ozempic for weight loss, she suffered severe, relentless vomiting caused by gastroparesis — stomach paralysis — so disabling that it eroded her teeth beyond repair. She made repeated emergency room visits, was hospitalized multiple times, and was never once warned by the drug’s label that this could happen. In August 2023, she became one of the first plaintiffs to sue Novo Nordisk and Eli Lilly in what has since grown into one of the largest pharmaceutical mass tort cases in U.S. history.

Today, more than 3,636 individual lawsuits are consolidated in federal multidistrict litigation, MDL 3094, in the Eastern District of Pennsylvania. Thousands more are expected as awareness spreads. If you or someone you love took Ozempic, Wegovy, Mounjaro, or a related GLP-1 drug and later developed a serious gastrointestinal condition or vision loss — you may have legal standing to file a claim. Here is everything you need to know, updated through May 2026.

Affected Medications: Is Your Drug on the List?

This litigation is not limited to Ozempic. The MDL covers the entire class of GLP-1 receptor agonist drugs, all of which slow gastric emptying as a core pharmacological mechanism. The medications currently named in active lawsuits include:

A note on Eli Lilly’s role: While MDL 3094 encompasses claims against both Novo Nordisk and Eli Lilly, the litigation’s core — in terms of case volume and legal history — centers on Novo Nordisk’s semaglutide products (Ozempic, Wegovy, Rybelsus). Eli Lilly faces parallel but legally distinct exposure for its tirzepatide-based drugs (Mounjaro, Zepbound). If your claim involves Mounjaro or Zepbound, discuss the specific legal posture of your case with an attorney, as some firms treat these tracks separately.

A note on compounded semaglutide: Compounded or “generic” semaglutide products — which were widely dispensed by telehealth providers during the 2022–2025 shortage period — present more complex legal issues than brand-name drugs. The FDA moved to restrict compounding of semaglutide beginning in 2025 as shortages resolved. If you used a compounded product, do not assume you are ineligible; discuss your specific situation with a licensed mass tort attorney.

Important note: The FDA has not recalled any of these medications. They remain on the market and are prescribed daily. The lawsuits allege that Novo Nordisk and Eli Lilly failed to adequately warn patients and physicians about the risk of severe, potentially permanent gastrointestinal injuries — not that the drugs have been pulled. If you are currently taking one of these medications, do not stop without first speaking with your prescribing physician.

Injuries Covered in the Ozempic MDL

Not every side effect qualifies for inclusion in MDL 3094. The litigation targets severe, often permanent injuries — the kinds that result in hospitalization, surgery, or irreversible organ damage. Based on court filings through May 2026, the qualifying injury categories include:

• Gastroparesis (stomach paralysis) — The dominant claim. Roughly 75% of MDL 3094 lawsuits list gastroparesis in their complaints, per a breakdown presented at a January 2026 court hearing. Gastroparesis occurs when the stomach cannot empty itself properly, causing chronic nausea, vomiting, severe weight loss, and nutritional deficiency. It is not the mild, transient nausea commonly associated with these drugs — it is a recognized, diagnosable disorder that may be permanent. Important context: Long-standing Type 2 diabetes itself is a known independent risk factor for gastroparesis. Defense attorneys will argue that pre-existing diabetic gastroparesis — not drug exposure — explains some plaintiffs’ conditions. Strong cases are distinguished by objective diagnostic testing and a documented timeline showing onset or material worsening of symptoms after starting GLP-1 therapy.
• Intestinal ileus and bowel obstruction — Approximately 18% of MDL plaintiffs list ileus, a condition in which intestinal muscle movement ceases, causing blockages that can rupture the bowel, cause infection, and lead to death. The FDA added an ileus warning to the Ozempic label in September 2023 after 33 post-market reports, including two deaths.
• Cyclic vomiting syndrome (CVS) — Recurring, severe episodes of nausea and vomiting with no apparent cause beyond drug use. CVS can become chronic and disabling.
• Gallbladder disease requiring surgery — Cholelithiasis (gallstones) and cholecystitis (gallbladder inflammation) requiring cholecystectomy account for approximately 8% of MDL complaints.
• Acute and necrotizing pancreatitis — Inflammation of the pancreas that, in severe cases, can cause organ failure and death. The FDA has warned about pancreatitis risk on the Ozempic label since the drug’s approval.
• NAION (non-arteritic anterior ischemic optic neuropathy) — Sudden, usually permanent vision loss in one eye. This injury category grew dramatically in 2024 after a study published in JAMA Ophthalmology found that semaglutide users with type 2 diabetes had over four times the risk of NAION compared to patients on other medications. NAION claims now have their own separate MDL — MDL 3163 — also before Judge Marston.
• Deep vein thrombosis (DVT) and pulmonary embolism — Blood clot injuries that can be life-threatening. These were added to the MDL’s injury framework following emerging post-market adverse event data.

Plaintiffs like Renee Filter of Nevada and Brandy Roth (who sued over Mounjaro) represent the range of these injuries. Filter developed severe gastroparesis after extended Ozempic use; Roth’s case against Eli Lilly mirrors the pattern seen across Novo Nordisk claims — a patient who was never warned, developed a life-altering condition, and is now pursuing legal accountability.

MDL 3094: Current Legal Status as of May 2026

Understanding where this litigation stands requires understanding what an MDL actually is — and what it is not. MDL 3094 is not a class action. You do not share a settlement check with thousands of strangers. Each plaintiff files an individual lawsuit, and those lawsuits are coordinated in one federal court for pretrial proceedings — things like discovery, expert testimony, and motions — to avoid repetitive work across thousands of courts. If the case settles, each plaintiff receives compensation based on their own specific injuries and documentation.

Where Things Stand Right Now

The litigation is in a critical transitional phase. The court has been managing discovery — the process by which both sides exchange documents, internal company communications, and scientific data. A key procedural milestone, known as a Science Day, was scheduled for June 2, 2026 for the newer NAION MDL. Science Days are early MDL proceedings where both sides’ expert witnesses present the underlying science to the judge before formal expert discovery begins — essentially, a structured tutorial that helps the court understand the medical and pharmacological issues at stake before ruling on what evidence is admissible.

For MDL 3094, Daubert motions — legal challenges to the admissibility of expert testimony on general causation — were filed around April 28, 2026. These motions are among the most consequential procedural events in mass tort litigation. If Judge Marston rules that plaintiffs’ causation experts are admissible, it validates the scientific foundation of the claims and typically accelerates settlement conversations. If the court excludes key plaintiff experts, it can significantly weaken the entire litigation — in some MDLs, successful Daubert challenges against plaintiffs have led to mass dismissals or dramatically reduced settlement values. The outcome here will be a defining signal for where MDL 3094 is headed. Bellwether trial candidates are expected to be selected later in 2026.

The Novo Nordisk Ozempic lawsuit — the core of MDL 3094 — represents the primary litigation track, with Eli Lilly’s Mounjaro and Zepbound facing parallel exposure in the same docket. Novo Nordisk has publicly maintained that Ozempic and its other GLP-1 products are safe, but the volume and consistency of plaintiff evidence is placing the company under intensifying legal and financial pressure.

Legal analysts who track pharmaceutical mass torts draw comparisons to the Vioxx litigation and the talcum powder cases, both of which started at similar case counts and eventually produced multi-billion dollar settlements. Projected total liability for Novo Nordisk has been estimated by some analysts at more than $2 billion across all claims — but that figure is speculative and refers to total exposure, not per-plaintiff compensation. Consult a licensed mass tort attorney in your state for an evaluation of your individual case.

Estimated Settlement Payout 2026: What Plaintiffs May Recover

No global settlement has been reached as of the date of this article. Settlement values in any mass tort MDL are shaped by bellwether trial outcomes, which have not yet occurred. The figures below are estimated ranges based on how attorneys and legal analysts evaluate comparable pharmaceutical mass tort cases — they are not guarantees, and individual outcomes will vary based on your specific medical evidence, documentation, and how liability is ultimately determined in this litigation.

One important development: Judge Marston ruled in August 2025 that objective diagnostic imaging — specifically gastric emptying scintigraphy (a nuclear medicine scan) — functions as the key evidentiary gate for gastroparesis claims. Cases supported by this imaging hold significantly stronger positions than those relying solely on reported symptoms. If you have been diagnosed with gastroparesis, confirm with your attorney whether your records include gastric emptying study results.

Ozempic Lawsuit Eligibility: Do You Qualify?

Not everyone who experienced nausea or discomfort while on Ozempic has a lawsuit. The claims that qualify for MDL 3094 involve serious, diagnosed medical conditions. Here is the baseline checklist attorneys use when evaluating potential claims:

• You used a qualifying GLP-1 drug — Ozempic, Wegovy, Rybelsus, Saxenda, Mounjaro, or Zepbound. Compounded or generic semaglutide products have separate and more complex legal issues; discuss these with an attorney.
• You used the drug for at least six months — Most law firms currently filing GLP-1 claims require a minimum duration of use to establish a meaningful exposure history, though some review shorter-duration cases with severe injuries.
• You received a formal medical diagnosis of one of the qualifying injuries — gastroparesis, ileus, cyclic vomiting syndrome, severe gallbladder disease requiring surgery, pancreatitis, NAION, or DVT.
• Your diagnosis came after you began taking the drug — The injury must be causally connected to your GLP-1 use, not a pre-existing condition. As noted in the injuries section above, defense attorneys will scrutinize pre-existing diabetic gastroparesis; the timeline and objective test results in your medical records are central to meeting this threshold.
• You have medical records available — This is non-negotiable. Hospital records, diagnostic imaging results, specialist notes, and prescription history are essential to building your case.
• Your statute of limitations has not expired — See the table below. Filing deadlines vary by state and are strictly enforced.

If you check most but not all of these boxes, do not assume you are ineligible. Consult a licensed mass tort attorney in your state. Many firms will evaluate your claim for free and advise you on whether you have a viable case before you commit to anything.

Statute of Limitations: Do Not Miss Your Deadline

The statute of limitations is the legal deadline by which you must file your lawsuit. Miss it, and you almost certainly lose your right to compensation — regardless of how strong your case would have been. These deadlines are state-specific, and courts enforce them strictly.

The Discovery Rule: Why Your Clock May Not Have Started Yet

In most states, the statute of limitations does not begin running on the date you started taking Ozempic — or even the date you first felt sick. Under the discovery rule, the clock typically starts when you knew or reasonably should have known that your injury was caused by the drug. For GLP-1 injuries, this often means the clock starts when a physician diagnosed you with a qualifying condition like gastroparesis and there was a reasonable basis to connect it to your medication. This is a nuanced legal analysis. Do not assume your time has run out without speaking to a licensed attorney first.

FDA Warning Timeline: What Novo Nordisk Knew and When

Central to every plaintiff’s case is the argument that Novo Nordisk and Eli Lilly knew — or should have known — about these risks long before they updated their labels. The timeline of FDA action is not just regulatory history; it is evidence of when the manufacturers were on notice.

• 2017: Ozempic receives FDA approval for type 2 diabetes management. The original label carried warnings about thyroid tumors and pancreatitis, but no gastroparesis or ileus warning.
• 2022–2023: Adverse event reports in the FDA’s FAERS system begin accumulating at a rapid pace. By mid-2023, more than 8,500 reports of gastrointestinal disorders are linked to semaglutide products. Internal awareness of GI risks within Novo Nordisk becomes a central discovery issue.
• August 2023: Jaclyn Bjorklund files the first major lawsuit against Novo Nordisk and Eli Lilly in Louisiana. Her case is consolidated as one of the first nine into MDL 3094.
• September 28, 2023: The FDA updates the Ozempic label to add ileus — a potentially fatal intestinal blockage — to post-marketing adverse reactions. The update follows 33 confirmed FAERS reports of blockages, including two deaths. The label still does not include a full gastroparesis warning at this stage.
• July 2024: A landmark study published in JAMA Ophthalmology by researchers at Massachusetts Eye and Ear reports that semaglutide users with type 2 diabetes have more than four times the risk of developing NAION compared to patients on other medications. Novo Nordisk and Eli Lilly dispute causation.
• November 2024: The FDA updates Ozempic’s label again, this time warning about pulmonary aspiration risk during surgery or procedures requiring anesthesia or deep sedation — a direct consequence of the drug’s gastric-emptying effects.
• January 28, 2025: The FDA mandates significant new warnings, formally stating that Ozempic is not recommended in patients with severe gastroparesis. The label update also addresses severe gastrointestinal reactions, acute kidney injury risk from dehydration, and pancreatitis.
• Late 2024 – Early 2026: NAION lawsuits consolidate into their own separate MDL (3163). A 2025 international study of more than 37 million patients with Type 2 diabetes identifies a statistically elevated NAION risk among semaglutide users, adding weight to the plaintiffs’ scientific record.

Plaintiffs argue that the gap between when internal data showed serious GI risks and when Novo Nordisk actually updated its labels — in some cases years — represents a failure to warn that forms the legal foundation of every claim in MDL 3094.

How to File an Ozempic Lawsuit: Step-by-Step

Filing a claim in MDL 3094 is not something you do on your own. It is an individual lawsuit coordinated within a federal multidistrict proceeding, and having qualified legal representation is essential. Here is how the process works:

1. Gather your medical records. Before you contact an attorney, pull together everything you have: prescription records showing which GLP-1 drug you took and for how long; diagnostic test results, especially any gastric emptying studies; hospital admission and discharge records; specialist notes from gastroenterologists, ophthalmologists, or surgeons; and any documentation of surgeries, procedures, or ongoing treatment related to your injury.
2. Contact a licensed mass tort attorney. Law firms currently filing GLP-1 cases include firms with dedicated pharmaceutical litigation departments and experience in federal multidistrict proceedings. Most offer free consultations and work on contingency — meaning you pay nothing unless you receive compensation, at which point attorney fees (typically 33–40% of gross recovery) are deducted. Do not sign with any attorney who asks for upfront fees in a mass tort case.
3. Complete your case evaluation. During your consultation, the attorney will review your medication history, injury diagnosis, and the timeline of your condition. They will assess whether your case meets the current evidentiary standards for MDL 3094 — including whether your gastroparesis diagnosis is supported by objective testing.
4. Your attorney files an individual complaint. If you proceed, your attorney drafts and files your complaint in federal court. Your case is then transferred to the MDL in the Eastern District of Pennsylvania, where it joins the coordinated proceeding.
5. Participate in discovery. You may be asked to provide depositions, additional medical records, or other documentation. Your attorney manages this process on your behalf. You are not alone in it.
6. Monitor bellwether outcomes. Bellwether trials — the representative test cases selected from the MDL pool — will begin shaping settlement values once they go to trial. Their outcomes will heavily influence how your case is valued in any eventual global settlement.
7. Review any settlement offer carefully. If a settlement framework is established, your attorney will advise you on whether the offer is fair based on your specific injuries, documentation, and the strength of causation evidence. You are never required to accept a settlement that your attorney does not believe is in your best interest. For perspective on how structured legal settlements work and what options plaintiffs typically face, see our article on Structured Settlements: Sell, Keep or Negotiate?

What NOT to Do If You Think You Have an Ozempic Claim

This section attracts less attention than the settlement payout tables, but it may matter more. People harm their own cases — sometimes fatally — by making avoidable mistakes before they ever speak to an attorney.

• Do not stop taking your medication without consulting your doctor. Abruptly discontinuing a GLP-1 drug without medical supervision can cause serious health consequences. Stopping on your own also creates gaps in your medical record that can complicate your legal case.
• Do not throw away your medication, packaging, or pharmacy receipts. Physical evidence — the actual drug box, the pen, the lot number, pharmacy records — can matter in a pharmaceutical liability case. Preserve everything.
• Do not sign anything from Novo Nordisk or Eli Lilly. Some plaintiffs have received outreach from pharmaceutical companies or their representatives following adverse event reports filed with the FDA. Do not speak with them without an attorney present, and do not sign any document that could release your legal claims.
• Do not assume you waited too long. The discovery rule means the statute of limitations clock may not have started when you think it did. Talk to an attorney before concluding your time has passed.
• Do not rely solely on social media or online legal advice. Mass tort litigation evolves quickly. Forum posts and YouTube videos become outdated within weeks. This article is updated regularly, but it cannot substitute for case-specific legal advice from a licensed attorney in your state.
• Do not try to file directly with the MDL court on your own. MDL 3094 requires an individual lawsuit. It is not a claims form you submit online. Attempting to navigate this without experienced counsel puts your case at serious risk.
• Do not accept a quick settlement without independent legal review. If someone contacts you with a fast settlement offer before you have hired an attorney, be extremely cautious. Lowball early settlements often precede much larger recoveries that occur once bellwether trials have established case values.

Frequently Asked Questions

What is the Ozempic lawsuit about?

The Ozempic lawsuit alleges that Novo Nordisk failed to adequately warn patients and physicians about the risk of severe gastrointestinal injuries — particularly gastroparesis (stomach paralysis), intestinal blockages, and other serious conditions — caused by Ozempic and related GLP-1 drugs. The central legal theory is failure to warn, a form of pharmaceutical product liability. Related lawsuits also allege that these drugs caused NAION, a form of permanent vision loss. As of May 2026, more than 3,636 individual lawsuits are consolidated in federal MDL 3094 in the Eastern District of Pennsylvania.

Is the Ozempic lawsuit a class action?

No. MDL 3094 is a multidistrict litigation, not a traditional class action. Each plaintiff files an individual lawsuit. The cases are coordinated for pretrial proceedings, but each plaintiff’s compensation — if any — is based on their own specific injuries and documentation, not divided equally among all claimants. This distinction matters: your payout is tied to your case, not a shared pool.

What is the current status of MDL 3094 in May 2026?

As of May 17, 2026, MDL 3094 has 3,636 pending cases in the Eastern District of Pennsylvania before Judge Karen S. Marston. No cases have gone to trial. No global settlement has been reached. Daubert motions testing the admissibility of general causation experts were filed around late April 2026. Bellwether trial candidates are expected to be selected later in 2026. A separate MDL — MDL 3163 — covers NAION vision loss claims, with 86 pending cases and a Science Day scheduled for June 2, 2026.

What are estimated Ozempic lawsuit settlement amounts?

Individual case values have not been established by trial or settlement. Based on comparable pharmaceutical mass tort outcomes, attorneys and analysts estimate a gross recovery range from approximately $50,000 for mild, well-documented gastroparesis to $1.5 million or more for wrongful death or catastrophic permanent injuries. Keep in mind that contingency attorney fees — typically 33–40% of gross recovery — are deducted from these amounts. Some analysts project total MDL liability for Novo Nordisk at over $2 billion across all claims. These figures are speculative and not guarantees. Consult a licensed mass tort attorney in your state for an assessment specific to your situation.

Who qualifies for the Ozempic lawsuit?

You may qualify if you used Ozempic, Wegovy, Rybelsus, Saxenda, Mounjaro, or Zepbound for at least six months; received a formal medical diagnosis of a qualifying injury (gastroparesis, ileus, cyclic vomiting syndrome, severe gallbladder disease, pancreatitis, NAION, or DVT) after starting the drug; and have medical records to support both your medication use and your diagnosis. The statute of limitations in your state also applies. Many attorneys offer free evaluations to determine whether your case qualifies.

What is gastroparesis, and why is it central to these lawsuits?

Gastroparesis — sometimes called stomach paralysis — is a condition in which the stomach cannot empty itself properly. Symptoms include chronic nausea, severe vomiting, bloating, and inability to eat normal amounts of food. It can be permanent and disabling. GLP-1 drugs like Ozempic slow gastric emptying as part of their mechanism — which is why they cause nausea in many users — but plaintiffs allege that in a subset of patients, this slowing becomes pathological and irreversible. Approximately 75% of MDL 3094 lawsuits list gastroparesis as an injury, making it the dominant claim in the litigation. Note that long-standing Type 2 diabetes is itself a risk factor for gastroparesis, so cases are strongest when supported by gastric emptying scintigraphy that documents onset or significant worsening after GLP-1 use began.

Has the FDA recalled Ozempic?

No. The FDA has not recalled Ozempic, Wegovy, Mounjaro, or any other GLP-1 drug named in the litigation. All of these medications remain on the market and are actively prescribed. The lawsuits do not claim the drugs should be pulled; they allege that the manufacturers failed to adequately disclose known risks so that patients and physicians could make informed decisions. If you are taking one of these medications, do not stop without consulting your prescribing doctor.

What is the semaglutide lawsuit — is it different from the Ozempic lawsuit?

Semaglutide is the active ingredient in Ozempic, Wegovy, and Rybelsus. When you see references to the “semaglutide lawsuit,” it is referring to the same litigation. The broader MDL also encompasses tirzepatide-based drugs (Mounjaro, Zepbound) made by Eli Lilly, as well as liraglutide-based Saxenda. The terms are often used interchangeably in media coverage, but they all refer to the coordinated GLP-1 receptor agonist litigation in MDL 3094.

What is NAION, and is it covered in the Ozempic lawsuit?

NAION — non-arteritic anterior ischemic optic neuropathy — is a form of sudden, usually permanent vision loss caused by disrupted blood flow to the optic nerve. A 2024 study published in JAMA Ophthalmology found that semaglutide users with type 2 diabetes had over four times the risk of developing NAION compared to patients on other diabetes drugs. NAION claims now have their own separate federal MDL — MDL 3163 — also before Judge Karen Marston in Pennsylvania. A Science Day for the NAION MDL was scheduled for June 2, 2026.

How do I file an Ozempic lawsuit?

You file through a licensed mass tort attorney who handles pharmaceutical product liability cases. The attorney files an individual complaint on your behalf, which is then transferred to MDL 3094 for coordinated pretrial proceedings. You do not file a form directly with the MDL court. Most mass tort attorneys offer free case evaluations and work on contingency, meaning you pay nothing unless you receive compensation. Act soon — statute of limitations deadlines are strictly enforced. See our detailed step-by-step guide in the section above.

Can I still file if I stopped taking Ozempic years ago?

Possibly. The statute of limitations in most states runs two to three years from when you knew or reasonably should have known that your injury was caused by the drug — not from when you stopped taking it. If you only recently received a gastroparesis or NAION diagnosis, or if you only recently learned about the connection between GLP-1 drugs and your condition, your clock may have started recently. Do not assume your time has expired without speaking to a licensed attorney in your state.

What happens if the Daubert motions go against plaintiffs?

Daubert motions ask the court to exclude the testimony of expert witnesses on the grounds that their methodology does not meet the legal standard for scientific reliability. If Judge Marston rules against plaintiffs’ causation experts — finding that the science linking GLP-1 drugs to gastroparesis or other injuries does not meet admissibility standards — it could result in the dismissal of large numbers of cases or materially reduce settlement pressure on the defendants. It is one of the most consequential upcoming rulings in this litigation. If the court upholds plaintiffs’ experts, bellwether trials will move forward and settlement discussions are likely to intensify.

What happens if the Ozempic MDL settles?

If Novo Nordisk and Eli Lilly agree to a global settlement — which typically happens after bellwether trials establish case values — each plaintiff would be offered compensation based on their individual injury tier, documentation quality, and other factors specific to their case. You are not required to accept a settlement offer; your attorney negotiates on your behalf and advises you on whether an offer is fair. Keep in mind that attorney contingency fees (typically 33–40%) are deducted from any gross recovery. For perspective on how structured legal settlements work and what options plaintiffs typically face, see our article on Structured Settlements: Sell, Keep or Negotiate?