GLP-1 Makers See Wave of Litigation as Drug Popularity Surges

GLP-1 Makers See Wave of Litigation as Drug Popularity Surges

The drugs that reshaped the weight-loss market may be reshaping the federal docket.  Novo Nordisk and Eli Lilly are known as the two most prominent manufacturers of GLP-1 drugs, which have transformed weight loss in recent years. More than 3,000 pharmaceutical product liability suits have been filed against Novo Nordisk, and another 1,900 against Eli Lilly, have been filed. While it’s likely that many cases were filed against both companies, this explosion of litigation comes at a time of similarly explosive growth in the popularity of GLP-1 drugs. Not all of these lawsuits pertain to GLP-1 drugs – both companies manufacture a huge variety of products. But Docket Alarm analytics reveal that federal litigation involving both companies exploded in 2024, as the drugs began to be used for weight-loss purposes. Many cases have been consolidated into a multidistrict litigation before Judge Karen S. Marston of the Eastern District of Pennsylvania. One representative case alleges that Novo Nordisk and Eli Lilly downplayed the risk of severe gastrointestinal issues associated with the GLP-1 drugs. The MDL was formed only a year ago, and so significant progress has been made.  As may be expected, pharmaceutical-related personal injury litigation accounts for about 75% of Novo Nordisk’s federal court activity. They are the plaintiff in only 4% of their total federal cases. Similarly, Eli Lilly sees 60% of its litigation profile of this case type, and serves as plaintiff only 3% of the time.  Novo Nordisk has employed DLA Piper and Covington & Burling, among others, in its cases.  Eli Lilly’s primary counsel by volume in recent years is Reed Smith. The top law firm litigating against both companies is Morgan & Morgan.