Overview: What Is an Ozempic Lawsuit Worth?
Ozempic, a drug touted as revolutionary for the treatment of Type 2 diabetes in adults, has come under scrutiny for its potential to cause severe side effects including gastroparesis. The drug, manufactured by Novo Nordisk, has been prescribed widely throughout the United States. It is not only used for treating diabetes but also off-label for weight management.
Individuals who have suffered significant side effects after taking Ozempic may be entitled to compensation by taking legal action. While individual settlements and payouts are expected to vary greatly, it is expected that claimants may receive between $400,000 and $700,000, depending on the circumstances of their case.
If you have been diagnosed with gastroparesis or another adverse health condition after taking Ozempic, contact King Law to schedule a free, no-obligation consultation. Our lawyers have extensive experience helping individuals receive compensation in Ozempic lawsuits nationwide.
On this page:
What Is a Settlement in the Ozempic Lawsuit?
How Do Ozempic Settlements Work?
The Process and Timeline of Reaching an Ozempic Settlement
Factors Influencing Ozempic Settlement Amounts
Estimated Ozempic Settlement and Payout Amounts
How to Calculate Your Ozempic Settlement Amount
How Long Will It Take to Get Paid?
Settlement Distribution Among Plaintiffs in the Ozempic Lawsuit
What Is a Settlement in the Ozempic Lawsuit?
Lawsuits can be resolved in several ways. Many times, however, a fair and favorable settlement can be reached that saves a substantial amount of time compared to waiting for a verdict from a trial. A settlement is an agreement that ends a legal dispute. A settlement can be reached at any point during litigation prior to a verdict being reached.
Settlements result in the voluntary dismissal of any related litigation. Therefore, if you accept a settlement in an Ozempic lawsuit, any further litigation related to the case will be dismissed. Usually, a settlement results in the responsible party providing an agreed-upon compensation to the claimant, who in this case would have suffered harm due to taking Ozempic.
Factors that may influence the settlement amount in an Ozempic lawsuit:
- The facts of the case.
- The type and severity of the injury.
- If a person suffered emotional harm as a result of taking Ozempic.
- The potential costs of going to trial.
- The ability to provide evidence relevant to the case.
There are a number of benefits to accepting a settlement. Legal disputes involving Ozempic may take several months or even years to resolve. A settlement can help avoid this lengthy process. It can also help alleviate some of the costs associated with going to trial and provide a guaranteed outcome.
How Do Ozempic Settlements Work?
Ozempic settlements will depend substantially on the individual circumstances of a case. Each plaintiff receives their own settlement based on their provable damages. The amount of recovery is usually proportional to the level of loss experienced by the plaintiff. But settlements often involve several people banding together to form a plaintiff group. They may be equal or unequal and may provide more flexibility and fairness compared to a jury verdict. Individuals in larger plaintiff groups may receive smaller payouts.
In general, cases may be settled at any time prior to a jury verdict. They can also be resolved by a court judgment. Damages in an Ozempic settlement are evaluated individually, however, all plaintiffs’ attorneys must agree with the portion that their client would receive in a group settlement. If no agreement can be reached, the offer would likely be rejected.
Ozempic lawsuits and other related cases are expected to be fought vigorously by the defendants, who are typically the drug manufacturers. Novo Nordisk, the manufacturer of Ozempic, and Eli Lilly, the manufacturer of Mounjaro, have a vested interest in protecting their reputation and the value of their shares.
The Process and Timeline of Reaching an Ozempic Settlement
The Ozempic lawsuit process is extensive and involves several phases. It is strongly recommended that you work with an attorney from as early in the proceedings as possible to ensure the best possible outcome in your case.
Ozempic lawsuit process:
- Case Evaluation: Individuals who have been diagnosed with gastroparesis or other Ozempic-related health conditions are encouraged to consult with a mass tort attorney to determine if they meet the criteria for filing a lawsuit.
- Investigation: The legal team works with the plaintiff to gather evidence to help substantiate the case. Evidence may include medical records, proof of prescription, and expert witness testimony.
- Consolidation: Depending on the case, it may be consolidated into a multidistrict litigation (MDL) or class action lawsuit. There is currently an Ozempic MDL being heard out of the Eastern District of Pennsylvania.
- Filing of the Case: Once the evidence is gathered, the case will be filed. An attorney can help determine the appropriate jurisdiction for the matter.
- Bellwether Trials: A small number of cases are selected to be tried first to help predict the outcome of future related cases. The bellwether trials may also help to inform settlement negotiations.
- Settlement: Throughout the case, the attorneys may attempt to reach a settlement through negotiations. It can take months or even a year or more for a case to be resolved. Unresolved cases are returned to their home district courts for resolution.
While some mass tort cases may be settled within a few weeks, others can take years to resolve. The best way to determine how long your case may take to resolve is to work with a knowledgeable attorney. It is important to note that there is no “typical” timeline for mass tort claims since the process can vary significantly depending on the complexity and scale of the case.
Furthermore, it is imperative to act quickly as all cases are subject to a state-specific statute of limitations. The statute of limitations or legal timeline within which a case must be filed may not be straightforward given that some injuries are not immediately discovered. An attorney can discuss the legal requirements that may apply to your case.
Factors Influencing Ozempic Settlement Amounts
There are many factors that may influence the amount of money that you receive in an Ozempic settlement. Foremost, claimants must be able to establish that the manufacturer of Ozempic, Novo Nordisk, owed them a duty of care and breached that duty by failing to warn consumers about the potential side effects associated with the use of the drug. Not all health conditions suffered after taking Ozempic will qualify for compensation. A skilled Ozempic lawsuit attorney can help establish whether you meet the necessary criteria for filing a case.
Factors that may influence your Ozempic case:
- Establishing Duty of Care and Causation: The most critical element in an Ozempic lawsuit is being able to prove that the manufacturer of Ozempic, Novo Nordisk, owed the injured party a duty of care and breached that duty by failing to warn consumers of the potential side effects.
- Proving Injury Severity: In addition to being able to establish a duty of care and causation, plaintiffs must show that Ozempic caused their injuries and that their gastrointestinal issues or other related health conditions resulted in the damages that they are claiming. This is generally done by showing evidence of the level of treatment requirement due to the severity of the harm. Plaintiffs may claim both economic and non-economic damages.
- Type of Injury: Not all adverse health conditions experienced after taking Ozempic will qualify for compensation. Qualifying health issues may include gastroparesis (stomach paralysis), ileus or intestinal blockages, pancreatic cancer, and intraoperative pulmonary aspiration. Symptoms may include nausea, vomiting, bloating, abdominal pain, and aspiration of stomach contents during surgery.
The allegation in current litigation against Novo Nordisk includes that the drug manufacturer failed to warn patients of the risks of serious side effects associated with using Ozempic and conducted inadequate research before the drug was put on the market. Potential compensation in an Ozempic lawsuit may include coverage of medical expenses such as hospital bills and medication costs, lost wages including loss of future earning capacity, and pain and suffering.
Estimated Ozempic Settlement and Payout Amounts
The estimated Ozempic settlement and payout amounts are expected to range between $400,000 and $700,000 for cases of severe gastroparesis or the death of a loved one related to Ozempic side effects. Actual amounts, however, will be decided on a case-by-case scenario. The substantial profits experienced by the drug manufacturers are expected to increase the likelihood of favorable settlements for plaintiffs.
Damages in an Ozempic lawsuit may include:
- Healthcare costs
- Loss of future earning capacity
- Lost wages
- Pain and suffering
- Punitive damages
Settlement amounts are expected to vary significantly depending on the circumstances of the case including the severity of the side effects, how long the plaintiff had been taking the drug, the strength of the evidence, and several other factors. The outcome of Bellwether trials may affect future settlement values. For instance, large verdicts in initial cases can increase the value of cases overall, but verdicts favoring the defense may decrease potential settlement values.
It is important to remember that a settlement is usually the fastest way to recover money in a qualifying case. Working with an experienced attorney can help ensure that all possible damages are explored and that a full and fair settlement is negotiated.
How to Calculate Your Ozempic Settlement Amount
While there is no standardized settlement amount in Ozempic lawsuits, a plaintiff may be able to calculate their potential case value by assessing their damages. An attorney with extensive experience handling Ozempic lawsuits will be able to determine what evidence may be necessary to substantiate your claim.
In order to calculate your damages and therefore your potential settlement amount, you will need to be able to quantify your economic and non-economic losses. Economic losses generally relate to your out-of-pocket costs such as medical expenses and lost wages. Non-economic losses such as your pain and suffering may be more difficult to quantify. An attorney can help determine this amount by considering the severity and long-term impact of your injuries. They will likely also consult with medical experts who can provide testimony in the case.
How Long Will It Take to Get Paid?
Just as there is no standardized settlement amount in an Ozempic lawsuit, there is also no typical timeline in how long it may take to receive payment. It can take anywhere from a few weeks to several years to resolve the case.
Factors that may influence the settlement timeline in an Ozempic lawsuit:
- The complexity of the case
- The number of plaintiffs (more plaintiffs generally means it will take longer to resolve)
- Whether the defendant (Novo Nordisk or Eli Lilly) is willing to settle out of court
Additionally, the time it takes to receive a payment may continue to be delayed even once a settlement is reached. Prior to receiving a payout, certain deductions must be paid including agreed-upon contingency fees, medical liens, and taxes.
Settlement Distribution Among Plaintiffs in the Ozempic Lawsuit
In an Ozempic lawsuit, each plaintiff receives their own individual settlement based on the damages they suffered. Settlement amounts may differ substantially among plaintiffs due to the unique nature of each case. They are often tailored to the needs of the plaintiff and may be agreed upon before or after the actual lawsuit is filed.
In some cases, a group settlement may be offered. In these instances, all plaintiffs’ attorneys must agree to the portion of the settlement that their client will receive. If an agreement cannot be reached, the offer will likely be rejected. An individual plaintiff may decide whether to accept the settlement or pursue additional compensation.
Types of distribution models in mass tort cases:
- Pro Rata Distribution: Plaintiffs each receive an equal share of the settlement fund. Differences in damages or severity of injuries do not matter.
- Matrix Distribution: Settlements are based on a matrix that categorizes cases based on the severity and nature of the injuries.
Once a settlement is reached, a settlement fund is established. Plaintiffs will be compensated through the settlement fund. A points system or tiered approach is often used in these circumstances to ensure fair distribution. The points or tiers are assigned based on the individual claim with higher points being awarded to more severe injuries.
Contact an Ozempic Lawyer
Individuals who were diagnosed with gastroparesis or another adverse health condition after taking Ozempic are strongly encouraged to contact King Law to schedule a free, no-obligation case evaluation. All consultations are confidential. The attorneys at King Law have dozens of years of collective legal experience handling pharmaceutical drug-related lawsuits. Our team is well-versed in obtaining the compensation victims deserve after being misled by drug manufacturers.