Women who were diagnosed with brain tumors after taking Depo-Provera can now file lawsuits as part of a group litigation. On February 8, 2025, a multidistrict litigation (MDL) for people harmed by Depo-Provera was created. MDL 3140 is called IN RE: Depo-Provera (Depot Medroxyprogesterone acetate) Products Liability Litigation.
The Depo-Provera MDL is assigned to the Honorable M. Casey Rodgers in the Northern District of Florida, which is a federal court. This MDL could make filing a lawsuit easier. It will give many women a simplified path to compensation for their Depo-Provera-related injuries.
Table of Contents:
MDL Created for Depo-Provera Lawsuits
Does This Mean There is a Class Action Lawsuit for Depo-Provera?
How Do I Join the Depo-Provera MDL Lawsuit?
MDL Created for Depo-Provera Lawsuits
The creation of this MDL was the result of months of work on the part of attorneys representing women harmed by Depo-Provera and the women they represented. At the end of November 2024, 7 months after a prominent study suggested Depo-Provera could cause meningiomas, a request was made to consolidate 22 filed cases. This request was made by plaintiffs’ lawyers to the Judicial Panel on Multidistrict Litigation (JPML). The JPML is the court responsible for creating group lawsuits (MDLs) in the United States.
In their initial requests, attorneys representing women requested that the cases be consolidated in California federal courts or Massachusetts. The defendant, Pfizer, asked for the cases to be consolidated in New York federal courts.
However, the JPML deemed the Northern District of Florida to be the appropriate district for this litigation, and the plaintiff’s attorneys appear to be confident in this decision. The many women harmed by Depo-Provera will have their individual cases heard based on their own merits in federal court, allowing each plaintiff to receive proper compensation according to the specifics of their case.
Consolidation in Florida means the Honorable M. Casey Rodgers will be the judge overseeing the case. Judge Rodgers oversaw the 3M Combat Arms Earplug Products Liability Litigation. Many attorneys are confident in Judge Rodgers’ ability to oversee a large and complex mass tort involving a large, corporate defendant.
What Does Consolidation in Florida Mean for Women Hurt by Depo-Provera?
The Chair of the MDL Panel has decided that the Northern District of Florida will hold this case because it will, “offer the necessary judicial resources and expertise to manage this nationwide litigation in an efficient and convenient matter.”
This means that women harmed by Depo-Provera will benefit from an experienced judge who is familiar with cases of this depth and complexity. Now that the Depo-Provera lawsuits have been consolidated, the discovery stage will begin. This means a team of selected attorneys will begin to gather evidence, research, and testimonies to support the claims that Pfizer and its affiliates knowingly produced a dangerous drug and did not properly warn women.
What is an MDL?
A multidistrict litigation, or MDL, is a legal procedure that consolidates individual personal injury lawsuits into one court to establish a more significant claim. MDLs remove some of the up-front burdens that come with filing a lawsuit, especially against large entities like pharmaceutical companies. A well-executed MDL allows each plaintiff in the lawsuit to have exceptional evidence and resources for their allegations. However, each woman will be able to file a claim based on her own injuries and fight for unique compensation.
How Will This MDL Help Women Harmed by Depo-Provera?
Even with the creation of an MDL for Depo-Provera, women do not have to join the group litigation. However, there are advantages to joining an MDL. Here is how joining this MDL could benefit you if you were harmed by Depo-Provera:
- Have access to shared research and information from across numerous Depo-Provera lawsuits, which decreases your burden of discovery
- Be a part of combined motion hearings, leading to more consistent rulings
- Require less up-front work with more straightforward filing requirements
These benefits of MDLs allow individuals to receive justice against large companies that cause them harm. This streamlines the process and considers each individual case for compensation.
Does This Mean There is a Class Action Lawsuit for Depo-Provera?
It is unlikely there will be a class action lawsuit for women who developed brain tumors after Depo-Provera use. This MDL is not a class action lawsuit. In class action lawsuits, plaintiffs typically have a shared outcome, and there is little individual involvement. All the consolidated cases in a class action share the same evidence and settlement. MDL lawsuits use individual evidence for each case, which can result in individual settlement amounts based on the severity and uniqueness of each plaintiff’s injuries. Considerations like the severity of diagnosis, effect on quality of life, and medical expenses are taken into account with each case.
How Do I Join the Depo-Provera MDL Lawsuit?
If you were diagnosed with a meningioma after using Depo-Provera, contact an experienced attorney as soon as possible to discuss your eligibility for joining this lawsuit. Although the MDL process takes time, joining as soon as possible is recommended to make sure you meet all filing deadlines and that your case remains viable. Your attorney will help you gather all necessary evidence, including medical records, and ensure your case is filed on time, considering the statute of limitations, which is a legal deadline that varies by state. Our team at King Law can discuss your options for filing a Depo-Provera lawsuit.
Can Women Who Took Generic Versions of the Birth Control Shot Join the MDL?
The Transfer Order states that all parties of the MDL will include plaintiffs alleging they suffer intracranial meningiomas caused by either the Depo-Provera or a generic version. Prasco, the pharmaceutical company that manufactures a generic version of the Depo-Provera, has asked not to be named as a defendant, but the court denied this, allowing women who have been impacted by the shot, regardless of manufacturer, to continue pursuing compensation. It will be determined at a later date if women who took only generic versions of Depo-Provera can join this MDL.
What Happens Next in the Depo-Provera MDL?
Now that we officially have an MDL, plaintiffs will remain engaged and focus on gathering evidence. The court and attorneys involved in the case will set schedules and review rules of engagement. Rules of engagement clarify how the plaintiffs, defendants, and the court will interact and conduct litigation, which may include judge’s orders and local court rules.
As more complaints get filed, a long-form complaint will follow, a document structured to lay out key aspects of the case, such as the general allegations, all parties involved, and the outline of damage with the desired relief. A common tactic among defendants is to file a motion to dismiss the case within the first year. Pfizer will likely try this and their motion will likely be denied.
Arguably, the most crucial part of MDLs is the discovery period. The plaintiff’s attorneys will begin to collect evidence, such as medical studies and expert reports, proving the connection between Depo-Provera and meningiomas. First-rate experts will provide key testimonies and play a leading role for the plaintiffs, and this evidence will be used for all plaintiffs who will potentially be represented in this MDL. Some estimates say there could be as many as 10,000 plaintiffs in the MDL, due to the widespread usage of Depo-Provera in the United States.
Once evidence is submitted, Bellwether trials will start. These trials act as test trials, where select cases are tried in court, and verdicts are made individually, setting the tone for the rest of the litigation.
Due to the complexities of MDLs and the number of cases, the entire process may take over two years. This lawsuit is important as it holds large pharmaceutical companies responsible for harming thousands of women. Thoroughness in every aspect of the case is important to ensure success in settlements and jury awards.
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