Depo-Provera Lawsuit Hearing Set for January
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Depo-Provera lawsuits could soon be headed for multidistrict litigation, with a hearing on the issue now set for Jan. 30.
The hearing will play a key role in determining the future of the growing number of Depo-Provera cases, which claim that manufacturers failed to warn of the contraceptive injection’s potential ties to the development of tumors.
The hearing will cover motions filed by plaintiffs to transfer their lawsuits into an MDL, which would consolidate the existing Depo-Provera cases under one judge in federal court. Future lawsuits could also be filed there as well.
If the MDL is established, the litigation process could be significantly streamlined, leading to faster and more consistent results for plaintiffs.
The initial motion to transfer, which was filed in November, pointed out that 22 Depo-Provera cases had already been filed across eight different courts. Depending on the result of the January hearing, those cases could be brought together before one judge.
Creation of MDL Could Streamline Depo-Provera Lawsuits
MDLs are often formed when many largely similar lawsuits are filed across different courts. Depo-Provera lawsuits have quickly grown to fit that description, with multiple cases claiming the drug is tied to the development of a type of tumor called meningioma.
If the January hearing does result in the establishment of an MDL, then those many cases will go through the legal process together.
This can provide several benefits for plaintiffs. The consolidated process typically allows for more efficiency, which can result in faster results and potential settlements. It also helps guard against inconsistent rulings that can occur when similar lawsuits are spread across numerous courts.
Where the MDL is located can play a big role as well.
Some plaintiffs have pushed for the potential Depo-Provera MDL to be formed in the Northern District of California, where 18 of the 22 cases from the original motion are pending.
California is one of only two states to have adopted innovator liability, which would allow people who took generic versions of Depo-Provera to file lawsuits as well. While Pfizer is the main manufacturer of the drug, generic versions have been sold, often at a lower price, for years.
This means that a California-based MDL could significantly expand the litigation.
If the motions to create an MDL are rejected, then the Depo-Provera lawsuits will remain in separate courts and go through the legal process individually.
Depo-Provera’s Possible Ties to Meningiomas Spur Lawsuits
Litigation involving Depo-Provera has picked up after new research suggested the drug could be tied to a significantly higher risk of developing a meningioma.
A study that was published in the British Medical Journal in March reported that Depo-Provera users could be more than five times more likely to develop the tumors which, according to Cleveland Clinic, form in the layer of tissue that surrounds the brain and spinal cord.
Meningiomas are generally benign but can cause serious issues and require invasive surgeries to treat.
Plaintiff Kathleen Fazio’s lawsuit stated that she experienced headaches, memory issues and disorientation after years of Depo-Provera usage.
She was eventually diagnosed with a meningioma that would require surgery to remove, but problems continued even after the procedure. She experienced vision issues due to complications along with diminished taste and smell.
Lawsuits claim that Depo-Provera’s warning labels in the United States do not mention the risk of meningiomas, despite those warnings now being listed on the United Kingdom and European Union versions of the label.