Summary judgment briefing completes in MDL 3094

Briefing on summary judgment motions in MDL 3094, the federal multidistrict litigation over gastrointestinal injuries allegedly caused by GLP-1 drugs, ran through July 2026, according to a litigation tracker monitoring the docket ^[1]. Motions to exclude expert testimony under Rule 702 (often called Daubert motions) were due April 28, 2026, and are also fully briefed ^[1]. That leaves the two biggest pretrial questions — which expert opinions a jury may hear, and whether any claims survive without trial — in the hands of the judge.

The case is before U.S. District Judge Karen S. Marston in the Eastern District of Pennsylvania ^[1]. The MDL was created in February 2024 and has grown quickly: 4,022 cases were pending as of September 2026, out of 4,056 total filed, up from 1,331 in January 2025 ^[1]. The tracker describes that as 202% growth since January 2025 in one place and 195% in another, so the exact figure is stated inconsistently in the source ^[1].

About 75% of complaints allege gastroparesis, sometimes called stomach paralysis, while 18% allege ileus and 8% allege gallbladder injuries ^[1]. Defendants include Novo Nordisk, maker of the semaglutide products Ozempic, Wegovy and Rybelsus, and Eli Lilly, maker of the tirzepatide products Mounjaro and Zepbound; older drugs including Victoza, Saxenda and Trulicity are also named ^[1].

What the motions are about

The summary judgment fight centers on three issues: federal preemption, whether the drugs' warnings were adequate, and general causation — that is, whether these medicines can cause the injuries claimed at all ^[1]. Plaintiffs argue the labels did not adequately warn that delayed stomach emptying, which is part of how the drugs work, could persist after stopping the drug or progress to severe, lasting gastroparesis ^[1].

Label history is part of the backdrop. The FDA added an ileus warning in September 2023, added a warning in January 2025 about aspiration risk during general anesthesia tied to delayed gastric emptying, and in October 2025 updated the Ozempic label to say the drug "is not recommended in patients with severe gastroparesis" ^[1].

On the science side, a 2023 JAMA study by Sodhi and colleagues reported higher risks among people using GLP-1 drugs for weight loss: 9.09 times for pancreatitis, 4.22 times for bowel obstruction and 3.67 times for gastroparesis ^[1]. Judge Marston has also required objective diagnostic testing for gastroparesis claims, issuing a 78-page ruling in August 2025 on diagnosis requirements after more than 3,700 pages of briefing and evidentiary hearings ^[1].

One caveat: the source reviewed here does not state a specific date for a Rule 702 hearing, so any September 2026 hearing date is not confirmed in the available material ^[1].

Why it matters for patients

For people taking semaglutide or tirzepatide, the litigation is not a safety finding. A lawsuit is an allegation, and general causation — whether the drugs can cause severe, persistent gastroparesis — is exactly what the court has not yet decided ^[1]. If the judge excludes plaintiffs' expert opinions, many claims could collapse; if she allows them, trials become far more likely ^[1].

What has already changed for patients is on the label, not in the courtroom. The ileus, aspiration and severe-gastroparesis language now in the prescribing information reflects FDA action between 2023 and 2025 ^[1]. Those items are worth knowing about before procedures requiring anesthesia and when new or worsening nausea, vomiting or bloating shows up, and they are topics for a prescriber rather than a news story.

Patients weighing a claim should also note the tracker's description of documentation expectations, including a gastric emptying study showing delayed emptying, and that statutes of limitations generally run two to three years from discovery of injury and vary by state ^[1].

What happens next

• April 28, 2026: deadline for Rule 702 motions; briefing now complete ^[1].
• April 30, 2026 through July 2026: summary judgment motions filed and fully briefed ^[1].
• Mid-2026: bellwether trial selection expected, with first trials possible in late 2026 ^[1].
• Late 2027: earliest point analysts consider mass settlements likely; none have been announced as of September 2026 ^[1].

Separately, vision-loss claims involving NAION moved to MDL 3163, created in December 2025 and also assigned to Judge Marston, with about 200 cases ^[1]. Note that the source used here is a litigation-tracking site carrying attorney advertising ^[1].