Mounjaro Lawsuit

What is Mounjaro (Tirzepatide)? 

Tirzepatide, marketed as Mounjaro, received U.S. Food and Drug Administration (FDA) approval in May of 2022 for the treatment of type 2 diabetes. Less than five months later, Eli Lilly announced that the FDA “granted Fast Track designation for the investigation of tirzepatide” to treat obese or overweight adults. The announcement came as a similar drug, Ozempic (generic semaglutide), was heavily promoted for weight loss even though it was only approved as a diabetes medication.

Administered through subcutaneous injections, tirzepatide regulates blood glucose levels and improves overall blood-sugar control. The drug's mechanism of action revolves around the activation of glucagon-like peptide-1 (GLP-1) and glucose-dependent insulinotropic polypeptide (GIP) receptors. These receptors play a crucial role in controlling blood sugar levels after meals. 

As a GIP-analogue, Mounjaro activates both GLP-1 and GIP receptors simultaneously, which has the potential to cause unforeseen complications. While Mounjaro has gained popularity within a short amount of time (especially for weight loss), it is important to remain mindful of the potential side effects, which may overshadow the positive outcomes. 

Eli Lilly’s list price for Mounjaro is $1,023.04 per fill, which includes four pre-filled pens, designed to last one month. To put that into perspective, patients may find themselves forking over a staggering $13,299.52 per year for Mounjaro.

The list price reflects the amount at which Eli Lilly sells Mounjaro to pharmacies and retailers, which does not accurately reflect the price consumers actually pay for Mounjaro. GoodRx reveals that average retail prices for Mounjaro range from $1,071 to $1,351, excluding any discount promotions or insurance coverage.

Mounjaro’s cost hinges on various factors, including a patient’s insurance coverage, the pharmacy they choose, and whether it has been prescribed for Type 2 diabetes. As of August 2023, it is unlikely that insurance companies will cover Mounjaro for weight loss. 

As concerns mount over the cost of tirzepatide, those interested in taking this controversial drug need to consider both the financial implications as well as the potential for harmful side effects Below we go into more detail on side effects and the harm alleged in Mounjaro lawsuits.  

What Are Mounjaro Side Effects?

The following are the most reported Mounjaro side effects:

• Constipation
• Diarrhea
• Itching at the injection site
• Loss of appetite
• Nausea
• Redness at the injection site
• Swelling at the injection site
• Tiredness
• Upset stomach
• Vomiting

Serious Mounjaro side effects:

• Decreased/blurred vision
• Change in the amount of urine (signs of kidney problems)

Very serious Mounjaro side effects:

• Nausea/vomiting that doesn't stop
• Severe stomach/abdominal pain (signs of pancreas or gallbladder disease)

In addition to the adverse events listed above, Mounjaro lawsuits allege the following side effects after tirzepatide:

Gastroparesis: A medical condition that disrupts the usual movement of muscles in the stomach, impacting its ability to function properly. Normally, the rhythmic contractions of these muscles help propel food through the digestive system. However, individuals with gastroparesis experience a slowdown or complete failure of stomach motility, resulting in improper emptying of the stomach.

According to the American College of Gastroenterology, drugs that delay stomach emptying may cause gastroparesis.

Gastroenteritis An illness caused by an infection and inflammation in the digestive system. Common signs of gastroenteritis include stomach cramps, diarrhea, and vomiting. The most concerning complication of gastroenteritis is dehydration. In severe cases, individuals may require intravenous fluid therapy, or a "drip," which involves administering fluids directly into the bloodstream through a vein.

Although Mounjaro may cause delayed gastric emptying, which can assist with weight loss, prolonged use of the medication can result in a chronic condition. In fact, the plaintiff in an August 2023 Mounjaro lawsuit claims that excessive vomiting caused by the medication led to her losing her teeth.

The lawsuit further alleges that the makers of Ozempic and Mounjaro acknowledge that gastrointestinal events are well-known side effects of GLP-1 class drugs. However, both Novo Nordisk and Eli Lilly “have downplayed the severity of the gastrointestinal events caused by Ozempic and Mounjaro, never, for example, warning of the risk of gastroparesis or gastroenteritis,” the lawsuit states. 

Mounjaro for Weight Loss

While tirzepatide has not been approved for weight loss, that has not stopped Eli Lilly from promoting Mounjaro for weight loss, according to lawsuits. 

As of August 2023, the FDA has only approved Mounjaro for the treatment Type 2 diabetes, not weight loss. The drug’s official website says “Mounjaro is not a weight loss drug,” though it uses bold purple letters showing that people taking the drug have “lost up to 25 pounds.” Last October, Eli Lilly announced that the FDA would fast-track its process of examining and approving Mounjaro for adults who are obese or overweight. 

We do not know the long-term effects among people taking Mounjaro for weight loss, which is scary because some estimate that tirzepatide will soon overtake semaglutide (generic for Ozempic) in popularity. According to reports, 1 in 10 Americans have taken Ozempic for weight loss. “I don’t think blockbuster would be underselling it,” says Dr. Andrew Kraftson, a clinical associate professor in the division of metabolism, endocrinology, and diabetes at Michigan Medicine.

Is There a Mounjaro Class Action?

At this time, we are unaware of a Mounjaro class action lawsuit. If a Mounjaro class action formed, the litigation would try to secure medical monitoring for people facing future risks after using Mounjaro or seek compensation from Eli Lilly for failing to disclose serious risks associated with tirzepatide.

Individuals alleging gastroparesis or gastroenteritis after taking Mounjaro for weight loss may chose to file a personal injury case against Eli Lilly. These cases will involve distinct damages for each plaintiff and will not be consolidated into a class action, where damages are essentially distributed evenly among members of the class. 

In February of 2024, the Judicial Panel on Multidistrict Litigation (JPML) consolidated Mounjaro lawsuits in federal court.  An MDL streamlines discovery and pretrial proceedings and functions similarly to a class action, though individual cases are tried separately. As with other defective drug lawsuits, like Zantac for example, some attorneys may choose to file cases in state court if they believe that venue gives their clients a better path toward justice. 

MOUNJARO VS OZEMPIC

Mounjaro (tirzepatide) and Ozempic (semaglutide) are in a class of drugs known as incretin mimetics. When combined with diet and exercise, the medications regulate blood sugar levels for adults with type 2 diabetes. 

Similarities between Mounjaro and Ozempic: 

• Both are administered weekly via subcutaneous injections.
• Both can be costly if paid for out of pocket.
• Both are now widely used for weight loss even though neither drug has received FDA approval specifically for this purpose. 
• Both are implicated in weight loss drug lawsuits alleging gastroparesis, gastroenteritis, persistent vomiting, and other serious side effects. 

Differences between Mounjaro and Ozempic:

Mounjaro is an Eli Lilly drug. Ozempic is a Novo Nordisk drug. 

Mounjaro targets both GIP (glucose-dependent insulinotropic polypeptide) and GLP-1 (glucagon-like peptide-1) receptors, which are natural incretin hormones. Ozempic exclusively targets GLP-1 receptors. Some have speculated that because Mounjaro targets both PIP and GLP-1 receptors, that may lead to patients losing more weight, though this has not been proven. 

Dr. Akshaya Srikanth Bhagavathula, a postdoctoral fellow at the University of Arkansas who has studied tirzepatide, recently told the New York Timesthat Mounjaro can cause more severe side effects than Ozempic. 

Will There be a Mounjaro Settlement?

The litigation is in the early stages now, so we do not know at this time whether there will be a Mounjaro settlement. That said, most mass torts that involve hundreds or thousands of plaintiffs culminate in a settlement. If many people have viable claims and the court does not dismiss the cases, a settlement would be the most likely outcome. But again, it is too early to expect a result in this litigation to come anytime soon.  

What is the Mounjaro Lawsuit Payout?

The potential compensation available in a Mounjaro lawsuit will depend on each individual’s claims for damages. These damages are designed to cover a range of expenses and provide compensation for the plaintiff's physical, emotional, and financial losses. Those pursuing a Mounjaro lawsuit may be able to recover:

1. Medical Care (Past and Future)

This includes reimbursement for various medical expenses such as hospital stays, medications, surgeries, rehabilitation, and other treatments necessary for the plaintiff's recovery. Both past and future medical expenses can be included.

2. Lost Income and Wages (Past and Future)

Another important element of a Mounjaro lawsuit is lost income and wages. If the harm you suffered prevented the plaintiff from fulfilling professional duties or resulted in a significant amount of time missing work, they may be entitled to compensation for the income they lost as well as income they would have earned in the future.

3. Pain and Suffering (Past and Future)

Pain and suffering damages are intended to compensate plaintiffs for the physical and emotional anguish they have endured due to the mass tort incident. This includes not only the immediate pain and suffering experienced but also the long-term effects and ongoing emotional distress caused by the Mounjaro side effects.

4. Loss of Enjoyment of Life (Past and Future)

If the injuries significantly limit an individual's ability to participate in activities that were previously sources of joy and fulfillment, they may be eligible for damages for loss of enjoyment of life. This type of compensation acknowledges the reduction in the plaintiff's overall quality of life resulting from the harm they suffered. 

5. Punitive Damages

In some cases, plaintiffs may seek punitive damages in addition to compensatory damages. Punitive damages, also known as exemplary damages, serve a twofold purpose. First, they are meant to punish corporations that have demonstrated willful, malicious, or intentional misconduct. Second, punitive damages aim to deter other companies from engaging in similar wrongful behavior. While not always awarded, punitive damages can be significant. 

Who Can File a Mounjaro Lawsuit? 

You may qualify for a Mounjaro lawsuit if you:

• Used Mounjaro.
• Were diagnosed with gastroparesis (stomach paralysis), gastroenteritis, persistent vomiting, nausea, or diarrhea.

Lawsuits against Mounjaro and other weight loss drugs allege the warning labels were insufficient, putting consumers at risk of serious harm. Pursuing a Mounjaro lawsuit allows you to seek justice and maximum compensation for your injuries. It also sends Eli Lilly a strong message that putting profit above people comes at a great price. 

One thing you need to be aware of: Each state has a statute of limitations that restricts how long you have to file a Mounjaro lawsuit. We advise you to contact a lawyer as soon as possible to ensure your rights are protected. 

HOW TO FIND THE BEST MOUNJARO LAWYER FOR YOUR CASE

Finding the best Mounjaro lawyer to represent your legal interests can be a complicated process. Hundreds of law firms show up on a Google search for Mounjaro lawsuits. So how do you know what lawyer is the best fit for you?

Here are some helpful tips when researching law firms to represent you:

1. Clear communication: When you speak with a Mounjaro lawyer (or a representative on the legal team), do they give you a clear understanding of your legal rights? Do they take their time to make sure your questions are being answered thoughtfully and with careful consideration? Remember, whoever you hire to represent you is probably going to be on your case for months, if not years. You should feel comfortable with their communication style.  
2. Demonstrated track record of success: Has the attorney won similar personal injury cases? Has the law firm earned a reputation for securing significant verdicts and settlements against major drug companies? Results may not be everything, but they certainly matter. You want an experienced litigator on your side. offering free consultations, personal compatibility, and a transparent payment structure. 
3. Transparent fee structure: You should know what you stand to gain by pursuing a Mounjaro lawsuit. This means having the legal team representing you break down the fee structure when you retain them. Mounjaro lawyers represent clients on a contingency fee basis, which means they only make money if they are successful in obtaining compensation on your behalf. But fee agreements can vary between firms. Make sure you know from the beginning what the fee agreement is for your Mounjaro lawsuit. 

To find the best Mounjaro attorney for your case, we recommend interviewing multiple law firms. Prioritize experience, success in similar cases, transparent fee structure, and effective communication. 

To find out if you are eligible to file a Mounjaro lawsuit and hold Eli Lilly accountable, call (855) 948-5098 today.