With 15+ million Americans using GLP-1 drugs and a 4-7x increased risk of vision loss, the NAION litigation represents massive scale with significant settlement potential.¹²
Twenty-one plaintiffs who claim they suffered permanent vision loss after taking Ozempic and Wegovy are seeking multicounty litigation designation in New Jersey.³ The cases involve plaintiffs from thirteen different states, with counsel reporting the number has grown to over 30 cases and more expected.⁴
The Judicial Panel on Multidistrict Litigation (JPML) decided not to add NAION (vision loss) injuries to the existing gastroparesis MDL 3094.⁵ Since these cases will proceed in state court rather than the slower federal MDL system, and because Novo Nordisk has its principal place of business in Plainsboro, New Jersey, the litigation will likely move more quickly than typical mass tort proceedings.⁶
The Medical Reality: Vision Loss from NAION
Non-arteritic anterior ischemic optic neuropathy (NAION) occurs when blood flow to the optic nerve is suddenly reduced or blocked, causing the nerve to suffer damage or die.⁷ NAION results in permanent vision loss with the typical scenario of a patient waking up in the morning unable to see out of one eye.⁸ There is no treatment whatsoever for NAION.⁹
Vision loss typically affects one eye, though both eyes can be affected in severe cases.¹⁰ Vision can worsen over the 2-week period following initial presentation and typically stabilizes by 2 months.¹¹ After stabilization, approximately 50% of patients have visual acuity of 20/30 or better and nearly one-quarter are 20/200 or worse.¹² This creates different tiers of outcomes that would affect case valuations.
The Numbers That Matter
Baseline NAION Risk: The estimated annual incidence is 2.3-10.2 per 100,000 in the United States, translating to about 6,000 new cases per year.¹³
GLP-1 User Population: About 1 in 8 adults in the United States has used a GLP-1 drug like Ozempic or Mounjaro at some point, and half of them — about 6% of adults, or more than 15 million people — are currently using a prescription.¹⁴
Increased Risk: A study published in JAMA Ophthalmology reported hazard ratios of 4.28 and 7.64 for Type 2 diabetes and obese patients, respectively, indicating a “substantially increased risk” of developing NAION.¹⁵
Even conservative projections based on these numbers suggest tens of thousands of potential claimants when applied to the 15+ million user population.
Settlement Value Indicators
Settlement estimates for severe gastroparesis claims in the existing MDL range from $250,000 to $700,000, while vision loss claims (NAION) could command even higher values, potentially exceeding $1 million due to the severity and permanence of the injury.¹⁶
The vision loss allegations are getting more attention from lawyers than the earlier gastroparesis lawsuits because the injuries are so significant.¹⁷
Regulatory Momentum
The European Medicines Agency officially recognized NAION as a very rare side effect of semaglutide drugs and recommended updated labeling to reflect this risk. The U.S. FDA is reviewing whether similar regulatory action is warranted.¹⁸
Several ophthalmologists and public health advocates are urging the agency to require a black box warning on semaglutide drugs, including Ozempic, Wegovy, and Rybelsus.¹⁹
The Bottom Line for PI Practices
Scale: 15+ million current and former users with scientifically documented increased risk²⁰
Severity: Vision loss with no treatment options²¹
Settlement potential: Higher values than gastroparesis cases based on injury impact²²
Regulatory support: European recognition driving U.S. regulatory pressure²³
Procedural advantage: State court efficiency rather than federal MDL delays²⁴
Ozempic vision loss represents real damages from a real medical condition, and the incidence in Ozempic/Wegovy users is significantly higher than the general population.
For practices evaluating mass tort opportunities, the NAION litigation combines substantial scale with individual case values that could define profitable pharmaceutical litigation.
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FOOTNOTES
- CNN (May 10, 2024)
- Law360 (June 17, 2025)
- Law360 (June 17, 2025)
- Law360 (July 28, 2025)
- King Law (July 2025)
- Law360 (June 17, 2025)
- Salenger, Sack, Kimmel & Bavaro (April 30, 2025)
- Law360 (June 17, 2025)
- Law360 (June 17, 2025)
- Salenger, Sack, Kimmel & Bavaro (April 30, 2025)
- EyeWiki
- EyeWiki
- UC Davis Health (June 16, 2023)
- CNN (May 10, 2024)
- Law360 (June 17, 2025)
- LitPRO (June 9, 2025)
- Lawsuit Information Center (July 29, 2025)
- Law360 (June 17, 2025)
- Lawsuit Information Center (July 29, 2025)
- CNN (May 10, 2024); Law360 (June 17, 2025)
- Law360 (June 17, 2025)
- LitPRO (June 9, 2025)
- Law360 (June 17, 2025)
- King Law (July 2025); Law360 (June 17, 2025)
