Is Ozempic a Lawsuit Waiting to Happen?

You may have heard of the newest weight loss drug called Ozempic. Social media may have you thinking that it’s the quick, no-effort weight loss plan that allows you to eat whatever you want and still shed astronomical amounts of weight—although this is false. Though many people have had weight loss success with Ozempic, it hasn’t been easy, and some people have experienced some very bad side-effects. If you are harmed by the negative side-effects of Ozempic, who’s liable? 

Who’s Liable Anyway? 

If a person were to become injured due to Ozempic, or Ozempic related side-effects, there may be multiple parties who could have some liability for the injuries. Generally speaking, those who were injured due to the drug itself may be able to file a product liability claim. Product liability claims are filed in order to hold entities responsible when their product causes consumers to sustain injury. Any entity involved in the creation of a product can be held liable for the injuries a consumer sustains. There are three types of product defects that can cause consumers to sustain injuries: manufacturing defects, design defects, and marketing defects. 

Defects Explained 

Manufacturing defects occur when something went wrong in the manufacturing of a product that caused the product to become defective. For example, let’s say that a soda manufacturing company accidentally put cleaning solution in a case of their two liter bottles. This would be an example of a manufacturing defect. Design defects occur when there is something about the way a product was designed that has caused it to become unreasonably dangerous. Here’s a good example: the Ford Pinto was prone to exploding during rear-end collisions because of the car’s design. Lastly, there are marketing defects. Marketing defects occur when a product does not have sufficient instructions or safety warnings to prevent injury. If you’ve had a curling iron or flat iron, you’ve probably noticed that it comes with a warning telling consumers about the hazards associated with the product. 

What Do Pharmaceutical Companies Need to Do? 

Not only do pharmaceutical companies need to take precautions to ensure that their drugs are manufactured and designed properly, they also need to ensure that the drugs are marketed properly. This means that the pharmaceutical companies need to disclose all the known side effects to the consumers. While companies are less likely to be responsible for side effects they did not know about—and would not reasonably have known about—they do need to notify consumers as soon as additional side effects are discovered. Generally speaking, consumers will not be able to sue pharmaceutical companies if they experience any of the known side-effects. Pharmaceutical companies should also provide adequate instructions, dosing information, and warnings with their products. Failure to do so could result in a marketing defect that harms consumers. 

What about Doctors? 

Doctors can also be liable for injuries their patients sustain when the patient is injured by a drug the doctor prescribed. When this happens, the injured patient may be able to file a medical malpractice claim under certain circumstances. Doctors need to inform their patients of risks and side-effects of using a certain medication. Doctors who fail to inform their patients of the risks and side-effects may be liable if the patient is injured by the medication. Medical professionals are obligated to act in a patient’s best interests, and taking Ozempic is not in everyone’s best interests. For example, if a doctor prescribes Ozempic to an underweight patient who’s struggling with anorexia, and the patient becomes injured, the doctor who prescribed the drug may be liable for those damages. 

Off–Label Uses 

At present, Ozempic and similar products, have only been approved by the FDA for treatment of Type II diabetes; however, it is quickly making its way into the public market as a weight loss aid. Even though the FDA has not approved it for weight loss, doctors are still able to prescribe it for weight loss. If someone receives the drug specifically to assist with weight loss and they become sick, or experience dangerous or deadly symptoms, the prescribing doctor could have some lability.  

Can You Sue the FDA? 

If you’ve suffered negative side-effects from Ozempic or Wegovy, you may be wondering if you can file a claim against the FDA since they approved the drug in the first place. While there are no absolutes in the legal field, it is highly unlikely that a consumer would be able to file a claim against the FDA due to sovereign immunity. Suing the federal government requires your attorney to follow complicated notice processes under the Federal Tort Claims Act. There’s a lot to explain when it comes to understanding sovereign immunity but, in short, it means that citizens cannot generally sue governmental entities or officials working in a governmental capacity. The better case would be against the manufacturers and prescribers, or any entity in the chain of getting the product to market, after the FDA. In most cases, the medical professional who prescribed the drug and oversaw the treatment, or the entities involved with the creation, manufacture, and distribution of the product would be the parties most likely to be named in a claim. 

When You’ve Got a Medical Malpractice Case 

Whether you’ve got a medical malpractice case, or a product liability case, Moxie Law Group is here for you. Our medical malpractice attorneys can help you get the compensation you need to recover from your injuries. If you’ve sustained injury due to a negligent health care professional, contact Moxie Law Group today.