Plaintiffs File Motion to Create Depo-Provera MDL in California
Editors carefully fact-check all Drugwatch.com content for accuracy and quality.
Drugwatch.com has a stringent fact-checking process. It starts with our strict sourcing guidelines.
We only gather information from credible sources. This includes peer-reviewed medical journals, reputable media outlets, government reports, court records and interviews with qualified experts.
The growing number of Depo-Provera lawsuits may soon be headed for multidistrict litigation. Several plaintiffs have filed a motion requesting that 22 lawsuits involving the contraceptive injection and its links to tumor development be consolidated into a California-based MDL.
“There are a significant number of Depo-Provera cases involving the development of meningioma already pending in multiple federal district courts,” the motion stated. “… these cases are ripe for consolidation before one transferee judge.”
MDLs are formed when plaintiffs file several similar lawsuits. Those cases, which can span multiple districts and states, are consolidated before one judge.
This creates a more straightforward process that can lead to faster results.
“Establishing an MDL is vital for plaintiffs harmed by Depo-Provera. It consolidates cases with shared facts, streamlines discovery, and prevents inconsistent rulings,” Brendan Smith, an attorney with the award-winning firm Simmons Hanly Conroy, told Drugwatch.com. “This coordinated approach not only saves time and resources but also ensures fair access to justice, providing a clearer path for resolution and settlement.”
The lawsuits allege that Pfizer, the maker of Depo-Provera, failed to warn of the increased risk of meningioma, a tumor that grows near the brain.
A March study in the British Medical Journal suggested that meningiomas were 555% more common among Depo-Provera users.
The U.S. Judicial Panel on Multidistrict Litigation must approve the motion, which could take months.
Depo-Provera Plaintiffs Target California Over Liability
Plaintiffs hope for a potential Depo-Provera MDL to be established in the Northern District of California. This is, in part, to take advantage of a tort theory specific to that state.
According to the motion, California is one of just two states that have adopted innovator liability. This tort theory could be key to many potential Depo-Provera lawsuits.
Innovator liability would allow plaintiffs who developed meningiomas after taking a generic version of Depo-Provera to still bring claims against Pfizer, even though Pfizer did not manufacture the generic versions.
One prominent argument for innovator liability involves how drug labels work. A federal law, called “the duty of sameness,” requires generic drugs to have the same label as their brand-name counterparts. There are limited exceptions, such as when the manufacturer no longer produces that medication.
Because Pfizer controls the labels of generic alternatives for Depo-Provera, innovator liability posits that it should also be accountable for harm caused by insufficient labeling on generic brands.
The motion pointed out that generic versions of Depo-Prover have been sold for decades and typically at a lower price. Innovator liability could let more people affected by meningiomas to file claims involving the drug.
Depo-Provera’s Ties to Tumors at Center of Growing Litigation
The Depo-Provera lawsuits claim that Pfizer failed to warn of links between the drug and meningioma.
According to Mayo Clinic, meningiomas grow in the membranes surrounding the brain and spinal cord. They are often benign but can still cause negative health effects. In some cases, they may require surgery to remove.
One lawsuit filed for plaintiff Kathleen Fazio stated that she began having memory issues and headaches. She eventually received an MRI after becoming disoriented while driving. This MRI revealed that she had developed a meningioma.
Fazio required surgery to remove the tumor, where complications led to double vision and blurred vision.
Lawyers continue to investigate new Depo-Provera lawsuits.
Editor Lindsay Donaldson contributed to this article.