Depo-Provera Lawsuits Consolidated into Florida-Based MDL in Major Step for Litigation
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The growing number of Depo-Provera lawsuits are now set to be consolidated together before one judge.
The U.S. Judicial Panel on Multidistrict Litigation determined on Friday that the lawsuits, which claim the contraceptive injection is tied to the development of meningiomas, a type of brain tumor, will be transferred together into an MDL in the Northern District of Florida.
This is a major step in the litigation. MDLs are used when many similar lawsuits are filed, allowing them to move through the legal process together in a more efficient and streamlined manner.
The creation of a Depo-Provera MDL was expected, with both plaintiffs and manufacturer Pfizer agreeing in recent months that consolidation was necessary. When plaintiffs first filed a motion for an MDL to be formed, Depo shot lawsuits were scattered across eight different courts.
Now, they will come together in Florida.
Plaintiffs Had Hoped for MDL in California or Massachusetts
The placement of the MDL in Florida is somewhat unexpected. Plaintiffs had hoped to see it in California or Massachusetts, while defendants had pushed for New York.
Plaintiffs had noted that California and Massachusetts are the only two states with innovator liability, which would allow plaintiffs to bring failure-to-warn claims against Pfizer even if they took a generic version of Depo-Provera.
Pfizer, meanwhile, had suggested New York for the MDL. But the Judicial Panel on Multidistrict Litigation ultimately opted to send the 27 consolidated cases to Florida.
“Centralization in the Northern District of Florida will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation,” the transfer order stated.
Depo-Provera Lawsuits Claim Drug Is Tied to Brain Tumors
The mounting Depo-Provera lawsuits have been filed over claims that the popular drug is tied to the development of meningiomas. These tumors grow in the membranes that surround the brain and spinal cord.
While they are typically benign, they can cause serious health issues and often require invasive surgery to remove.
The claims stem from a study published in the BMJ in March that found women injected with Depo-Provera’s active ingredient had a 5.6-fold higher risk of developing a meningioma.
“The BMJ study, which highlights a potential correlation between Depo-Provera use and meningiomas, strengthens causation arguments [for lawsuits],” Brendan Smith, a partner at Simmons Hanly Conroy in the Complex Litigation Department, told Drugwatch in a recent Q&A. “It is likely to play a critical role in both settlement discussions and courtroom proceedings as scientific evidence supporting plaintiffs’ claims.”
According to data cited by the Centers for Disease Control and Prevention, around a quarter of sexually experienced women have used Depo-Provera at some point.