Published July 23, 2026
On August 19, 2025, Judge Karen S. Marston, who presides over the federal Ozempic and GLP-1 gastrointestinal injury litigation (MDL No. 3094) in the Eastern District of Pennsylvania, issued an order setting a strict evidentiary bar for gastroparesis claims. Under the ruling, plaintiffs alleging that Ozempic, Wegovy, Mounjaro, Zepbound, or Rybelsus caused their gastroparesis must show they underwent an objective gastric emptying study — such as scintigraphy, a breath test, or a wireless motility capsule test — that confirmed delayed gastric emptying at or near the time of their diagnosis.
The order specifically excludes other forms of medical evidence as sufficient on their own to establish a qualifying gastroparesis diagnosis for litigation purposes, including CT scans, MRIs, endoscopy findings, ultrasounds, barium studies, or a doctor's clinical impression based on reported symptoms alone. In practice, that means someone who was told by a doctor they likely had gastroparesis, without ever undergoing a formal gastric emptying test, may not meet the litigation's threshold — even if their symptoms were real and significant.
MDL 3094 has grown into one of the larger pharmaceutical mass torts in the country, with thousands of pending cases alleging gastroparesis, ileus, and intestinal obstruction linked to GLP-1 drugs. A diagnostic standard set this early in the litigation shapes which cases can move forward toward bellwether trial selection and, eventually, settlement negotiations — cases that can't meet the testing requirement risk being narrowed out or dismissed before they ever reach a jury.
If you were diagnosed with gastroparesis after taking a GLP-1 drug like Ozempic, the ruling underscores why documentation matters: having a gastric emptying study on record, rather than relying on symptoms alone, can be central to whether a claim qualifies. A free case review can help you understand what documentation you have and what it may support. See Atumio's Ozempic/GLP-1 Lawsuit page or start a free case review.