Case Management Order No. 14: Key Changes in Ozempic Litigation
On July 14, 2024, Judge Karen Spencer Marston issued Case Management Order No. 14 in the Ozempic multidistrict litigation (MDL). This order implements a direct filing system for lawsuits and a streamlined service process for Novo Nordisk defendants, marking a significant procedural development in the ongoing litigation involving Ozempic, Wegovy, Rybelsus, and Victoza.
New Ozempic Lawsuit Filing Process
The order permits direct filing of lawsuits in the MDL, allowing attorneys to file cases directly in the United States District Court for the Eastern District of Pennsylvania.
This new Ozempic lawsuit filing process is designed to enhance efficiency for plaintiffs and their diabetes drug lawyers. The direct filing option applies to lawsuits related to Ozempic, Rybelsus, Wegovy, and Victoza.
Defendant Rights in Weight Loss Drug Litigation
While facilitating streamlined filing for plaintiffs, the order maintains the defendants’ rights to challenge various aspects of the cases, including:
- Personal or subject matter jurisdiction
- Effectiveness of service
- Choice of law
- Statutes of limitations
- Forum non conveniens
- Venue
- Trial location
- Other legal rights and remedies
Venue Considerations for Diabetes Drug Lawsuits
The order addresses future venue transfers, typically considered after bellwether trials. The court and parties may determine appropriate venues for transferring individual cases based on:
- Plaintiff’s residence
- Location of the alleged injury
- Manufacturer’s headquarters
It’s noteworthy that direct filing in the MDL does not automatically determine the applicable choice of law for individual cases. This determination may occur later, which is why case-specific issues such as statutes of limitations are often addressed post-transfer.
Named Defendants in Ozempic MDL Filings
For actions filed directly in the MDL Court alleging use of Ozempic, Rybelsus, Wegovy, or Victoza, only Novo Nordisk, Inc. and Novo Nordisk A/S should be named as defendants. This provision streamlines the defendant pool for these specific drug-related cases.
Streamlined Ozempic Service of Process
Case Management Order No. 14 establishes a streamlined service process, affecting both weight loss drug lawsuit filing and diabetes drugs lawsuit filing.
Key points of this Ozempic service of process include:
- Novo Nordisk Inc. and Novo Nordisk A/S have waived formal service of process under Federal Rule of Civil Procedure 4.
- The Ozempic service of process and diabetes drug Complaint service shall be accomplished by emailing Complaints with a summons to specific addresses:
- For Novo Nordisk Inc. and/or Novo Nordisk A/S: MDL_3094_Novo_Service@us.dlapiper.com
- For Eli Lilly: MDL_3094_Lilly_Service@kirkland.com
- The order outlines specific requirements for each service email.
- Service is only effective if conducted in compliance with the order’s specifications.
This Ozempic Complaint Service process aims to expedite the initial stages of litigation while ensuring proper notification to defendants.
The order affects various aspects of the litigation, including cases involving Ozempic blood clots and other alleged side effects. Attorneys involved in Ozempic, Wegovy, Rybelsus, or Victoza litigation should thoroughly review the full text of Case Management Order No. 14 to ensure compliance with all filing and service requirements.
