Ozempic and Mounjaro stomach-injury lawsuits pass expert-challenge deadline
The April 28, 2026 deadline for challenging expert testimony has passed in the federal GLP-1 stomach-injury litigation, leaving summary judgment and a possible late-2026 trial as the next steps.
The deadline for pretrial motions challenging expert witnesses passed on April 28, 2026 in the federal case that consolidates lawsuits alleging GLP-1 medications caused stomach and intestinal injuries [1][3]. Expert depositions in the case, known as MDL 3094, had already finished, and summary judgment briefing was set to run through July 2026, according to a case tracker [1][3].
MDL 3094 is before Judge Karen S. Marston in the Eastern District of Pennsylvania. It was created in February 2024 and covers claims of gastroparesis, ileus and intestinal obstruction [1][3]. The defendants are Novo Nordisk, which makes Ozempic, Wegovy and Rybelsus (all semaglutide), and Eli Lilly, which makes Mounjaro and Zepbound (tirzepatide) [1][3].
Roughly 4,022 cases were pending as of September 2026, out of 4,056 filed since the MDL began [1][3]. About 75% of complaints allege gastroparesis, 18% allege ileus and 8% allege gallbladder injuries [1][3]. The tracker reports two different growth figures for the period since January 2025. Its case-count section says 202%, while a summary list says 195%, and it does not explain the difference [1].
A Daubert motion asks a judge to exclude an expert's testimony from trial. The tracker says the Daubert motions in this MDL are fully briefed [1].
Judge Marston's August 2025 ruling on gastroparesis diagnosis continues to shape the case. After more than 3,700 pages of briefing and evidentiary hearings, she issued a 78-page decision requiring objective diagnostic testing for gastroparesis claims [1]. The tracker says gastroparesis is generally diagnosed with a gastric emptying study showing more than 10% retention at four hours, citing the National Institute of Diabetes and Digestive and Kidney Diseases [1].
In October 2025, the FDA updated the Ozempic label to state that the drug "is not recommended in patients with severe gastroparesis" [1][3]. A 2023 JAMA study by Sodhi and colleagues, cited on the tracker, found higher risks among people using GLP-1 drugs for weight loss: 3.67 times for gastroparesis, 4.22 times for bowel obstruction and 9.09 times for pancreatitis [1][3].
Vision-loss claims are handled separately. MDL 3163, created in December 2025 and also assigned to Judge Marston, had about 200 cases involving NAION, a form of sudden vision loss [1][3].
No settlements have been announced [1][3]. Legal analysts cited on the tracker estimate that total liability across both MDLs could exceed $2 billion [1].
Why it matters for patients
The lawsuits do not change what FDA-approved labels say or how these drugs are prescribed. The stomach-injury cases turn on whether the labels warned adequately about delayed gastric emptying that can become severe or persistent, a point the tracker says plaintiffs and defendants dispute [1][3]. A ruling on that question could affect how warnings are worded and how quickly they are updated.
The tracker also notes that the diagnostic standard matters to whether a claim can proceed. It says claims are strongest when a gastric emptying study confirms delayed stomach emptying, and that the time limit for filing is generally two to three years from when an injury is discovered, with rules varying by state [1]. People who experienced sudden vision loss after taking these drugs fall under the separate MDL 3163 rather than MDL 3094 [1][3].
Because no bellwether trial has been held, there is no track record yet of how juries respond to this evidence, and the tracker offers no settlement figures [1][3].
What happens next
Summary judgment briefing continues through July 2026 [1][3]. The tracker says bellwether trial selection is expected around mid-2026, with first trials possible in late 2026 at the earliest, depending on how the pending motions are decided [1]. One summary on the same page says first bellwether trials are expected mid-2026, a slightly earlier estimate than its detailed timeline, and the page does not reconcile the two [1][3]. Mass settlements are considered unlikely before late 2027 [1][3]. No trial date or settlement has been announced [1][3].
Sources
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