Depo-Provera Lawsuits Now Consolidated into MDL: What It Means for Victims

Lawsuits are mounting against Pfizer and other manufacturers of progesterone injection birth control like Depo-Provera. Studies indicating a drastic increase in the risk of meningioma tumors associated with the drug could mean tens of thousands of women will have the opportunity to recover damages for their injuries. The high number of potential claimants led to the consolidation of claims into a multi-district litigation (MDL). For those impacted, the MDL status will make pursuing compensation a more streamlined process. If you took Depo-Provera and developed a meningioma tumor, you need to speak to an attorney about your potential ability to pursue legal action.

Background: Depo-Provera and the risk of meningiomas

Depo-Provera is an injectable birth control medication made popular because of its effectiveness in preventing pregnancy and the convenience of avoiding a daily pill. Patients using Depo-Provera require one injection every three months. According to some estimates, nearly 25% of sexually active women have relied on this form of birth control at some point.

Studies have long indicated a link between Depo-Provera and meningiomas. However, a recent study that showed women who used this medication have a 5.6 times greater risk of developing these tumors sparked a wave of litigation. Given the previous studies suggesting a link, there are serious questions about whether Pfizer and other manufacturers were aware of the risks and owed patients a clear warning.

Meningiomas are usually benign, but they can cause serious complications for patients because they can place pressure on the brain. The symptoms include:

• Headaches
• Memory problems
• Vision issues
• Seizures
• The loss of smell
• Weakness in the limbs
• Neurological issues

Treatment may require surgery and other costly and potentially invasive procedures. Given the risk of this severe condition, many women are angered by Pfizer’s failure to warn them.

Depo-Provera litigation becomes an MDL

The case will proceed in the Northern District of Florida under Judge M. Casey Rodgers. Judge Rodgers was also tasked with overseeing the 3M MDL related to defective combat soldier earplugs.

By making the case an MDL, the courts allow those injured by Depo-Provera to conserve resources while seeking a fair resolution to their claims. Considering estimates suggest tens of thousands of women might have been impacted, this designation is an important step towards promoting justice.

Why the MDL matters: Key benefits for victims

MDL status allows victims several advantages while avoiding a massive number of similar claims that could quickly overwhelm the courts. There are several advantages of MDLs for the plaintiffs:

• Efficiency: MDL litigation allows plaintiffs to consolidate resources. Instead of needing to hire multiple expert witnesses to testify, attorneys can use the depositions and testimonies of the same witnesses. Discovery requests are also less burdensome because the plaintiffs will request many of the same records.
• Stronger cases: The coordinated discovery and similar claims may help give weight to the allegations against the company.
• More equitable outcomes: The same rules and judge will apply to the claims, meaning the results are more likely to be fair and equitable.

It’s important to note that MDLs are somewhat different from class action lawsuits. Class action claims share many of the above benefits. However, plaintiffs in a class action are part of a group represented by one or a few plaintiffs. In MDLs, the plaintiffs have their own claims. MDLs are often used in defective pharmaceutical cases because the plaintiffs might have suffered injuries because of the same defect, but the consequences of those injuries could be drastically different. In MDLs, plaintiffs have their own lawyers and more control over their cases. This type of litigation tends to work well for complicated defective medication claims, like the Depo-Provera cases.

What this means for you: Take action now

If you have symptoms of a meningioma, and previously used Depo-Provera, you should see your doctor to determine whether you developed this condition. For those who already know they have a meningioma, and who previously used Depo-Provera, it is time to speak to an attorney. Lawsuits are already moving forward, and you can potentially recover compensation for your injuries. Furthermore, legal time limits can prevent you from filing a claim if you wait too long, so be sure to contact an attorney as soon as possible. If your claim is successful, you may be able to collect damages for your medical costs, lost income, pain and suffering, and more.

At Phelan Petty Injury Lawyers, we have unmatched experience representing clients in complex MDLs involving defective medications and medical devices. Our team understands what’s at stake for you and anyone who suffered injuries because of these products. Call us today or fill out our contact form to schedule a free consultation with one of our dedicated personal injury attorneys.