One Drug Category, Two MDLs: Why GLP-1 Acquisition Strategy Needs More Precision

For plaintiff firms, “GLP-1 litigation” no longer describes a single federal litigation track.

Cases involving GLP-1 medications are now proceeding through two separate multidistrict litigations in the Eastern District of Pennsylvania. MDL 3094 addresses alleged gastrointestinal injuries, while MDL 3163 addresses alleged non-arteritic anterior ischemic optic neuropathy, or NAION, a serious vision-loss condition.

Both are before U.S. District Judge Karen S. Marston, but the similarities largely end there.

According to the Judicial Panel on Multidistrict Litigation’s August 3, 2026 statistics, MDL 3094 had 3,928 pending actions, compared with 200 in MDL 3163.

For firms pursuing GLP-1 cases, the split creates an important strategic distinction: the same medication category now encompasses prospective clients with very different reported injuries, medical documentation and litigation considerations.

The GI Litigation Is Further Along

MDL 3094 has already reached a stage where developments in the litigation can affect how firms evaluate potential cases.

In August 2025, the court ruled that a plaintiff claiming gastroparesis must show that the diagnosis was based on a properly performed gastric-emptying study.

That makes the distinction between reported symptoms and documented gastroparesis particularly important.

Someone may report nausea, vomiting or other significant gastrointestinal symptoms after using a GLP-1 medication, but those symptoms alone do not establish the diagnostic evidence the court has required for a gastroparesis claim.

For firms, that makes medical documentation an increasingly important part of evaluating GI inquiries.

NAION Is Developing on a Separate Track

MDL 3163 presents a different picture.

The proceeding focuses on allegations involving NAION and GLP-1 medications. In July 2026, the court ordered early discovery and motion practice addressing issues including general causation and preemption and warning adequacy.

That means a person reporting vision problems should not automatically be viewed through the same lens as someone with a documented NAION diagnosis.

It also means firms interested in both GLP-1 litigation tracks need to recognize the distinction early enough to evaluate each inquiry appropriately.

What This Means for GLP-1 Acquisition

Broad GLP-1 marketing can still have value.

People searching for legal information may know the medication they used without knowing whether their medical condition falls within a particular litigation. Someone may search for an “Ozempic lawsuit” without knowing the terms gastroparesis or NAION.

But broad marketing can also make it harder to see what is actually happening beneath the surface.

A campaign generating inquiries from people reporting GI complications is not necessarily reaching the same prospective-client population as one connecting with people diagnosed with NAION, even when the medications overlap.

For firms, that distinction matters when evaluating campaign performance, determining where additional outreach may make sense and deciding which litigation opportunities align with their current case criteria.

The Strategic Takeaway

The development of two GLP-1 MDLs is a reminder that acquisition strategy should evolve with the litigation.

Firms do not necessarily need completely separate campaigns for every GLP-1 injury. They do need enough distinction to understand whether prospective clients are reporting gastrointestinal complications, NAION or circumstances requiring further review.

As both MDLs develop, looking at GLP-1 outreach as one broad category may provide an incomplete picture.

The more useful question is whether a firm’s outreach is connecting it with people whose reported circumstances align with the litigation opportunities the firm is actively pursuing.

Put the Intelligence to Work

As mass tort litigation becomes more segmented, acquisition strategy needs to keep pace.

SmashOrbit Legal helps plaintiff firms align client acquisition, intake strategy and campaign optimization with the litigation opportunities they are actively pursuing.

If your firm is evaluating GLP-1 campaigns or looking to refine an existing acquisition strategy, we’d be happy to talk through what that could look like.

Schedule a Strategy Call