According to Judge Cain, details about when Bjorklund started taking the drug or when symptoms developed are subjects for discovery, and he deemed them more suitable for a summary judgment motion.
Novo Nordisk Gets Ozempic Warranty Claim : A Complex Legal Landscape
Interestingly, last month, Judge Cain also rejected Eli Lilly & Co.’s attempt to dismiss similar claims from Bjorklund. The court found that her claims were not preempted by federal regulation at this stage of the litigation. Just like Novo Nordisk, Eli Lilly & Co. faces allegations of failing to adequately warn about the risks associated with Mounjaro, another diabetes drug.
Novo Nordisk Gets Ozempic Warranty Claim : Silence from Counsel
As the legal drama unfolds, representatives for Novo Nordisk, Eli Lilly & Co., and Jaclyn Bjorklund did not immediately respond to requests for comment on the recent developments.
Bjorklund is represented by Rene F. Rocha, T. Michael Morgan, Paul J. Pennock, Jonathan M. Sedgh, and Josh Autry of Morgan & Morgan.
