Ozempic Litigation Comprehensive Guide: August 2025 Updates and Medical Record Challenges

Ozempic Litigation Comprehensive Guide: August 2025 Updates and Medical Record Challenges

Shere Saidon

Shere Saidon

CEO & Founder at LlamaLab

September 21, 2025
10 min read
Legal Updates

Ozempic Litigation Comprehensive Guide: August 2025 Updates

Major Court Rulings Reshape GLP-1 Drug Litigation

The Ozempic litigation landscape transformed dramatically with Judge Karen Spencer Marston's August 15, 2025 rulings that establish new evidentiary standards for gastroparesis claims. Here's what law firms need to know about the current state of these high-stakes cases.

2,190

Active cases in MDL 3094 as of August 1, 2025

7,000+

Additional cases under investigation by plaintiffs' firms

30+

NAION plaintiffs seeking New Jersey state court consolidation

August 15, 2025: Landmark Gastroparesis Ruling

Judge Marston issued two pivotal rulings that fundamentally alter the litigation landscape:

1. Objective Testing Requirement

  • Any plaintiff claiming gastroparesis must show diagnosis based on a properly performed gastric emptying study
  • Acceptable tests include: scintigraphy, breath tests, or wireless motility capsule (WMC)
  • Clinical impressions alone are no longer sufficient

2. Claims Survival Analysis

  • Design defect claims: DISMISSED
  • Failure to warn claims: SURVIVE
  • Marketing and labeling claims: MOVE FORWARD

What This Means for Your Cases

This ruling narrows the plaintiff pool but strengthens remaining cases. Firms must now focus on clients with documented gastric emptying studies while aggressively pursuing emerging NAION vision loss claims.

The Rise of NAION Vision Loss Claims

A significant new development in the litigation involves Non-Arteritic Anterior Ischemic Optic Neuropathy (NAION) claims:

  • 30+ plaintiffs petitioning for multicounty litigation in New Jersey
  • Potential settlement values exceeding $1 million for permanent vision loss
  • Multiple studies linking semaglutide to increased NAION risk
  • No warning on current drug labels about vision loss risks

Key Insight

NAION claims represent a high-value opportunity separate from the main MDL. These vision loss cases may command premium settlements due to the permanent, life-altering nature of blindness.

MDL 3094 Critical Timeline

The path forward for the Ozempic litigation follows this schedule:

Through July 2025

Fact Discovery

All fact discovery must be completed by July 2, 2025

July-August 2025

Expert Reports

Plaintiffs' expert reports due July 16, 2025; Defendants' reports due August 13, 2025

October 2025

Daubert Challenges

Motions to exclude expert opinions must be filed by October 27, 2025

2026

Bellwether Trials

First trials expected to begin, setting precedent for thousands of cases

Settlement Value Analysis

Based on the severity of injuries and current litigation trends:

$200-500K

Severe Gastroparesis

Cases with permanent stomach paralysis and documented gastric emptying studies

$1M+

NAION Vision Loss

Permanent blindness cases with ophthalmologist documentation

2026+

Realistic Timeline

No significant settlements expected before 2026 bellwether trials


The Medical Documentation Challenge Facing Ozempic Firms

With Judge Marston's ruling requiring specific diagnostic tests, the challenge of medical record retrieval and analysis has become mission-critical for mass tort firms.

The Current Reality

Key Points

Essential takeaways from this article

Gastroparesis claims now require gastric emptying study results
Many valid cases lack the specific diagnostic tests now required
Traditional record review takes weeks to find buried test results
NAION claims require comprehensive ophthalmology records
Tight discovery deadlines demand efficient processing

This documentation requirement creates both challenges and opportunities. Many potentially strong cases may be excluded simply because the required tests are buried in thousands of pages of medical records.

Why Traditional Methods Fall Short

Law firms handling Ozempic cases face several critical obstacles:

  1. Specificity Requirements: Must find exact diagnostic tests (gastric emptying studies) among thousands of pages
  2. Volume Challenges: Each client may have records from multiple providers spanning years
  3. Time Pressure: Discovery deadlines and aging client populations create urgency
  4. Cost Considerations: Manual review significantly increases case processing costs

The court's ruling doesn't just change the evidentiary standard—it fundamentally alters which cases are viable. Firms need to pivot quickly to focus on clients with documented gastric emptying studies.

Mass Tort Strategy Expert
Legal Industry Analysis

How Advanced Technology Transforms Ozempic Case Qualification

Leading mass tort firms are leveraging technology to overcome documentation challenges and identify qualifying cases faster.

The Technology Solution

Traditional Approach vs LlamaLab Solution

Traditional Approach

  • Manual Record Review

    Paralegals spend weeks searching for specific diagnostic tests

  • Scattered Documentation

    Critical test results buried in thousands of pages

  • Months to Qualify

    Slow process delays case progression and client relief

  • Missed Opportunities

    Valid cases rejected due to incomplete record review

LlamaLab Solution

  • Same-Day Retrieval

    Complete medical records delivered within 24 hours

  • AI-Powered Analysis

    Instantly identifies gastric emptying studies and NAION diagnoses

  • Days to Qualify

    Rapid case evaluation allows immediate decision-making

  • 30% More Cases

    Find qualifying tests others miss, increasing case acceptance

Real-World Impact on Ozempic Litigation

Firms using advanced medical record technology report significant advantages:

30%

More cases qualified through comprehensive record analysis

24hours

Medical record retrieval time dramatically reduced

30min

Time to identify qualifying diagnostic tests

Strategic Advantages for Mass Tort Firms

With 7,000+ potential cases under investigation and strict diagnostic requirements, efficiency is critical:

  1. Rapid Case Screening: Quickly identify which cases have the required gastric emptying studies
  2. NAION Opportunity: Comprehensive ophthalmology record retrieval for high-value vision claims
  3. Cost Recovery: All retrieval expenses recoverable as case costs
  4. Competitive Edge: Accept cases other firms reject due to incomplete records

Industry Trend

Firms with advanced medical record capabilities are building larger, stronger Ozempic dockets while others struggle with manual review processes.

The Path Forward: Building Stronger Ozempic Cases

As the litigation progresses toward 2026 bellwether trials, success depends on comprehensive medical documentation and efficient case management.

Key Strategic Considerations

Key Points

Essential takeaways from this article

Focus on dual-track strategy: gastroparesis cases with proper testing AND emerging NAION claims
Invest in technology to find qualifying diagnostic tests buried in medical records
Monitor New Jersey state court developments for NAION consolidation
Prepare for long timeline - settlements unlikely before 2026
Build comprehensive medical evidence packages now for stronger negotiating position

The LlamaLab Advantage for Ozempic Cases

At LlamaLab, we've developed specific solutions for the unique challenges of Ozempic litigation:

We help law firms qualify 30% more cases by finding the specific diagnostic tests required by Judge Marston's ruling. Our AI can identify gastric emptying studies in minutes that would take weeks to find manually.

Shere Saidon
CEO & Founder, LlamaLab

Our platform specifically addresses Ozempic challenges by:

  • Same-day medical record retrieval from all providers
  • AI-powered identification of gastric emptying studies and ophthalmology records
  • Comprehensive provider search to ensure no records are missed
  • Rapid case qualification allowing firms to make immediate acceptance decisions
  • Full cost recovery as all expenses are recoverable in settlements

Critical Action Items for Law Firms

  1. Immediate: Review existing cases for gastric emptying study documentation
  2. Short-term: Develop intake protocols for both gastroparesis and NAION claims
  3. Strategic: Invest in technology to efficiently process high volumes of medical records
  4. Long-term: Build comprehensive evidence packages for 2026 bellwether positioning

Transform Your Ozempic Practice with Advanced Medical Record Technology

See how LlamaLab can help you qualify 30% more Ozempic cases by finding critical diagnostic tests in days, not months.


Conclusion: The Future of Ozempic Litigation

The Ozempic litigation represents both significant challenges and opportunities for mass tort firms. With Judge Marston's ruling establishing strict diagnostic requirements and NAION claims emerging as high-value opportunities, success depends on:

  • Efficient medical record retrieval and analysis
  • Focus on cases with proper documentation
  • Dual-track strategy for gastroparesis and vision loss claims
  • Investment in technology to manage thousands of potential cases

Firms that adapt quickly to these new requirements and leverage advanced technology will build stronger dockets and achieve better outcomes for their clients.


This article provides general information about Ozempic litigation developments and should not be construed as legal advice. For specific case guidance, consult with qualified legal counsel.

Source: Based on publicly available court filings and litigation updates as of August 2025

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