Depo-Provera Litigation Takes a Unique Turn — Here’s Why It Might Speed Things Up
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Last month, a key milestone was achieved for the mounting number of Depo-Provera lawsuits. Over 70 cases were consolidated before one judge in multidistrict litigation (MDL).
An MDL formation allows several similar cases to move through the legal process together. This creates a more efficient and expedient track.
But the Depo-Provera litigation, which involves claims that the birth control injection is tied to the development of brain tumors, may be set to move even faster than a normal MDL. Just weeks after the cases were consolidated, the judge chose five “pilot cases.” These will go through discovery and then to trial.
“The work of the MDL will be accomplished through the Pilot cases,” Judge M. Casey Rodgers said in a court order. “In short order, the Defendants will be required to respond to the five Pilot complaints, raising all defenses.”
It is generally not common practice in an MDL for a judge to select a group of pilot cases immediately. Additionally, the court also approved a schedule on Friday that sets discovery for the pilot cases to begin at the end of this month. The court has established the dates for this process through March 2026.
This could be good news for plaintiffs who are hoping for a faster resolution to the litigation.
MDLs Usually Rely on Bellwether Trials, Which Can Take Years
The pilot cases selected from the 78 Depo-Provera lawsuits filed in multidistrict litigation are a new twist on how trial cases are typically chosen.
The MDL process usually takes a long time to choose cases that represent the whole litigation.
These cases, which are called bellwether trials, serve as test cases and eventually go to trial. Their results help inform both sides of what might happen if more of the pending lawsuits were to go to trial.
If, for example, three bellwether cases went to trial and were all won by the plaintiffs, then the defendants would likely be motivated to negotiate a settlement instead of continuing to try more cases.
But one of the drawbacks of bellwether trials is an issue the Depo-Provera litigation circumvents altogether: It can take a very long time to select them. While the process varies across different MDLs, plaintiffs and defendants typically pick cases they think should be bellwethers. There is often some sparring back and forth over the final selections.
In this litigation, the judge already directly chose five cases to go through discovery. Therefore, the Depo-Provera lawsuits might be bypassing what can be the most drawn-out phase of multidistrict litigation. Now, the work of the MDL can already get underway.
“Common issues and defenses will be identified and ruled on early, and subsequent case-specific discovery will essentially provide a vetting opportunity for the litigation that will narrow the issues for the entire MDL,” Judge Rodgers stated.
Discovery for the cases is set to begin on Mar. 27.
Lawsuits Claim Depo-Provera Tied to Development of Brain Tumors
Depo-Provera lawsuits claim that the birth control injection, which millions of people in the U.S. have used, may be connected to a higher risk of developing brain tumors called meningiomas.
Meningiomas form in the lining that covers the brain and, while they are generally benign, can have devastating health impacts. According to Cleveland Clinic, symptoms can range from minor headaches or nausea to a serious loss of senses, seizures and paralysis.
Surgery is often necessary to remove these tumors to alleviate their adverse health effects.
Depo-Provera’s potential links to these tumors emerged last year when a study was published in the medical journal BMJ. The researchers reported that users of the drug could be upwards of five times more likely than the average person to develop a meningioma.
People who were diagnosed with brain tumors after using Depo-Provera are now filing lawsuits claiming that Pfizer, the manufacturer of the drug, failed to warn of these concerns.
Editor Lindsay Donaldson contributed to this article.