If you suffer side effects after using Ozempic, you might wonder how much compensation you will receive. While it is too early to tell the worth of Ozempic cases since litigation is in the early stages, there are certain factors to consider when putting a dollar amount on damages in a lawsuit. These factors include the severity of your side effects, lost income, lost earning capacity, medical expenses, and pain and suffering. A qualified lawyer can determine the strength of your case, collect relevant proof, and fight aggressively to ensure you receive the compensation you need to make you whole again. 

Basics of the Lawsuit

Ozempic is a glucagon-like peptide-1 receptor agonist originally tailored for diabetes that gained popularity after social media influencers and celebrities began using it for weight loss. Social media was flooded with before-and-after reels, increasing its demand.

Currently, lawsuits against Novo Nordisk are increasing and have been consolidated into multidistrict litigation. Plaintiffs report suffering from conditions like stomach paralysis (gastroparesis), vision challenges, and vomiting. The basics of lawsuits against Novo Nordisk are as follows:

  • Failing to warn — Plaintiffs claim that the company failed to adequately warn about the risks of severe side effects.
  • Defective design—Some lawsuits argue that the drug's design increases the risk of complications.
  • Negligence accusations involve claims that the manufacturer did not sufficiently test Ozempic for long-term safety before releasing it to the market.

Novo Nordisk continues to deny the wrongdoing, arguing that the drug poses no risks if used as prescribed. Nevertheless, plaintiffs claim that the firm did not fully reveal the risks and complications, mainly for its off-label use for weight loss. 

The company claims that its drug is Food and Drug Administration-approved for diabetes and has labels warning about stomach paralysis. It also argues that off-label weight loss use has increased beyond the intended ranges due to social media.

Not every user experiences side effects; some people have lost weight without significant issues. However, medical professionals warn that the short-term benefits might have long-term complications.

Physicians recommend that Ozempic users do the following:

  • Consider using lifestyle-based weight loss approaches
  • Report persistent vision changes, vomiting, or nausea
  • Visit their doctors regularly for vision and gut health checkups

How to Calculate Your Settlement Amount and Damages

Damages that you can consider when calculating the cost of your settlement amount include the following:

  • Medical bills — Since medical expenses can add up quickly, you should seek compensation for past, ongoing, and future medical expenses required to treat your Ozempic side effects. The compensation includes hospital stays, medications, the cost of undergoing diagnostic imaging, surgeries, and rehabilitation. You should recover future medical expenses if the condition requires long-term care.
  • Pain and suffering — Pain and suffering damages cover physical discomfort from health conditions caused by Ozempic, medical treatment, and your recovery process. It also includes emotional distress, mental anguish, loss of appetite, depression, anxiety, and loss of enjoyment of life. The severity of your health condition due to Ozempic is a key factor in determining the value of this damage. Therefore, establishing this damage means proving the extent, impact, and nature of the health conditions caused by Ozempic through medical records, personal injury, and expert witness testimonies.
  • Lost Income — Compensation for wages lost because of your inability to work while addressing health challenges caused by Ozempic. You can also recover lost earning capacity if you cannot earn as much as you previously did. You can prove this damage using pay stubs, statements showing overtime and bonuses you earned, and a letter from your employer.
  • Loss of companionship
  • Loss of quality of life
  • Punitive damages — The courts could award you punitive damages if you prove that Novo Nordisk acted egregiously, with malice, or with gross negligence. Punitive damages are designed to punish the defendant and deter them from acting egregiously in the future.

Calculating Pain and Suffering Damages

Pain and suffering damages nationwide are not calculated using a uniform approach. Instead, different factors, like the judges' discretion, lifestyle changes, economic losses, and the severity of your health condition, determine the value. Typical methods used to calculate damages for pain and suffering include the per diem formula and a multiplier method.

Per Diem Method for Determining Pain and Suffering

Per diem comes from a Latin term meaning per day. With this formula, you calculate a per-diem pain and suffering amount and multiply that amount by the number of days you suffered. The outcome you arrive at is your pain and suffering compensation.

Factors taken into account to arrive at a reasonable per diem rate include the following:

  • Seriousness of your side effects — Side effects with severe pain and significant disruption to your everyday life command higher daily rates.
  • Recovery period — A long recovery means prolonged suffering and could merit higher per diem rates.
  • Impact on your quality of life — You will receive more compensation if your health condition resulted in long-term disability or has significantly reduced your life standard..
  • Comparative jury verdicts — Evaluating jury precedents for similar cases could provide a benchmark for determining a fair per diem rate.

Your legal counsel can fight to ensure you receive fair compensation for your pain and suffering.

Pain and Suffering Multiplier

The multiplier formula involves selecting a certain multiplier, usually 1.5 to 5 and then multiplying that number by your medical bills or your whole economic damages.

Factors that are considered when determining the proper multiplier for pain and suffering include the following:

  • The severity of your injuries, including permanent disability
  • The recovery period
  • Clear evidence of your pain and suffering, like verifiable documents
  • The scope to which your full recovery may be realized

The amount arrived at using the multiplier method is just an estimate. Therefore, your compensation amount is not guaranteed to match those figures.

Factors that Influence Settlement Amounts

The circumstances and facts of your case determine the compensation you stand to receive in a mass tort case. These factors include the following:

The Health Conditions Caused by Ozempic and Their Severity

The worth of your damages increases according to the seriousness of your health condition caused by Ozempic. For instance, severe diseases can result in significant compensation amounts because the treatments and rehabilitation expenses for severe injuries are substantial. The recovery period can also be lengthy, leading to significant lost income.

Damages You Have Suffered

Damages are the losses plaintiffs experience. Compensation is designed to make you as whole as you were before suffering the side effects. There are two categories of damages, namely:

  • Economic damages, including lost income and medical expenses
  • Non-economic damages, including loss of consortium, loss of quality of life, and pain and suffering

Judges depend on documented evidence, like medical records, receipts, and pay stubs, to calculate economic damages. On the other hand, non-economic damages are subjective and vary significantly based on the persuasiveness of your claim.

Different factors affect economic damages, including age, loss of your future earnings and wage growth rate, future medical bills, inflation, life expectancy, and work-life expectancy. Your attorney can partner with a forensic economist to determine the value of your damages. 

The Strength of Your Evidence

In mass tort cases, victims bear the burden of proving their case, which includes demonstrating fault, causation, and liability. With clear and convincing proof proving your claim, the culpable party could be willing to make a higher settlement compensation instead of risking proceeding to trial. If the case proceeds to trial, you must convince the jury that the defendant caused your health condition.

The Defendant’s Involved

Some parties have more financial muscle than others and can pay huge settlement amounts, while others can challenge the claims more aggressively instead of settling the matter early on in the court process.

Settlement Distribution among Plaintiffs in a Mass Tort

There is no one-size-fits-all process for settlement in mass tort claims. In multidistrict litigation, settlement is structured so that every plaintiff's case facts are analyzed on their merits, including causation, damages the defective drug has caused, and exposure.

Every plaintiff is entitled to decide whether they will settle after learning the value of proposed compensation. If the parties cannot reach a group settlement, everyone involved in the mass tort case will have their case settled or tried.

Typically, attorneys in multidistrict litigation work out compensation based on damage. They could also consider previous lawsuits that have assisted in obtaining a satisfactory value for the cases. In a mass tort, plaintiffs do not divide compensation among themselves. Instead, settlements and verdicts are case-by-case; every settlement is unique.

Maximizing Your Compensation Amount

Here are steps to increase your chances of receiving fair and full compensation. They can also prevent the defendant from arguing that you deserve less.

Review Your Damages Accurately

When thoroughly accounting for your compensation, you should consider future costs like anticipated future medical expenses, future lost wages, lost opportunities at work, complications from conditions due to Ozempic, and lost potential commissions.

Your lawyer should assess the claim's value by analyzing bills, medical records, and income documents like pay stubs. Next, they should consult the following experts to determine the potential future damage accurately:

  • Medical experts to offer insight into long-term treatment needs based on injury prognosis and severity
  • A vocational rehabilitation professional will assess your ability to return to work and estimate your lost earning capacity.
  • Economists will determine your financial losses based on career path, life expectancy, education, and age.
  • Life care planners will determine the cost of your future care, in-home support, and assistive devices.

You can also research similar lawsuits to provide you with a basis of comparison to determine the value of your lawsuit.

Keep a Journal (Document Your Damages)

Since the defendant will not take your word for the value of your compensation, document evidence of costs incurred after and write down the details of the effects of Ozempic, both emotional and physical. The details will assist your lawyer in telling your story effectively, which is vital to recovering economic and non-economic damages.

You can start by taking notes of anything you have lost due to Ozempic side effects, including the following:

  • Job opportunities
  • Work hours
  • Attending classes and meetings
  • Attending events
  • Going on a vacation
  • Anything else that you previously enjoyed or would have benefited from, but could not do so due to the side effects.

Ensure you write down the side effects of Ozempic immediately when they are fresh in your mind. 

You can find your medical records electronically through your doctors, but it is advisable to have backups. Store hard copies of your medical records in a safe place where you can access them easily.

Do Not Forget to Include Intangible Damages in Your Claim

Intangible damages are not immediately apparent and are discretionary. They include non-economic damages like loss of consortium, pain and suffering, mental anguish, and emotional distress.

Seek Legal Assistance

A lawyer can help you in many ways, including the following:

  • Investigating the case — A seasoned lawyer will thoroughly investigate the case to collect the proof required to support the case. That way, they can establish the full extent of your compensation, which can increase the compensation value of the lawsuit.
  • Mass tort law can be complicated. Your attorney can assist you in understanding the legal system and laws that apply to your case. When you know the law, you can make informed decisions and ensure you receive the compensation you deserve.

Seek Medical Attention

Your safety is a priority,  so you should seek immediate medical attention after discovering the health condition(s) caused by Ozempic.

Ensure you keep up with every follow-up appointment and visit all the specialists your physician recommends. Otherwise, the defendant and their attorney could use your missed appointments to argue that your health condition was not severe or was not due to Ozempic.

Find a Seasoned Lawyer Near Me

The Ozempic lawsuit is still in its earliest stages, and there have not yet been any negotiated agreements or settlement offers, making it impossible to determine the case's worth now. Compensation will vary from one case to another and depend on factors like the severity of side effects and how they affect their daily lives. Some of the damages plaintiffs will recover include medical expenses, lost income, pain and suffering, and mental anguish.

Consumer Alert Now is currently accepting cases throughout the nation. We can review your case facts to determine your eligibility and fight aggressively to ensure you receive the compensation you deserve. Please contact us at 800-511-0747 to learn how we can help you.