75 Lawyers in Depo-Provera Lawsuits Seek MDL Leadership Roles

Judge will hear presentations from Depo-Provera lawyers on March 13 and 14, as a growing number of women continue to file brain tumor lawsuits against makers of the birth control shot.

The U.S. District Judge recently appointed to preside over all Depo-Provera brain tumor lawsuits will hear presentations later this week from  dozens of plaintiffs’ lawyers, to determine which will be appointed to serve in various leadership positions in the rapidly growing litigation.

At least 75 different attorneys are jockeying for positions on a plaintiffs’ steering committee, which will take certain actions during coordinated pretrial proceedings in the federal multidistrict litigation (MDL), which will benefit women throughout the U.S. who are currently pursuing lawsuits against the makers of Depo-Provera, alleging that the popular birth control shot caused them to develop meningioma brain tumors.

Depo-Provera has been on the market for more than three decades, and millions of women have received the quarterly birth control injections to help prevent pregnancy.  However, the litigation emerged late last year, after studies found a link between meningioma and Depo-Provera, with some women facing more than five times the risk of developing brain tumors.

As a result of the findings, dozens of women are now pursuing lawsuits against manufacturers of the Depo-Provera shot, each raising similar allegations that women and the medical community were not adequately warned that side effects of Depo-Provera may cause brain tumors. However, as more women learn about the cause of their injuries, it is widely expected that thousands of claims may ultimately be pursued.

Last month, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established a Depo-Provera MDL in the Northern District of Florida, centralizing claims brought throughout the federal court system before U.S. District Judge Casey Rodgers, who has been tasked with guiding the litigation through coordinated discovery and pretrial proceedings.

Shortly after she was appointed, Judge Rodgers called for Depo-Provera injury lawyers to apply for MDL leadership positions, giving prospective attorneys until last Friday to apply. She called for a strong female presence among the applicants, due to the fact that the injuries were specific to women taking the birth control shots.

In a pretrial order (PDF) issued on March 9, Judge Rodgers indicated that presentations will be heard from at least 75 attorneys who had turned in applications, during a two day hearing on March 13 and March 14, with out-of-town counsel presenting before attorneys based in Northern Florida. 

Depo-Provera Lawsuit Status Conference

The presentations will begin on Thursday, shortly after the conclusion of a case management conference, at which time Judge Rodgers is expected to address the organizational structure for the rapidly growing litigation.

On Friday, lawyers submitted a joint status report (PDF), indicating that they have agreed on a direct filing order, which would allow quick and easy filing of new lawsuits directly with the MDL court.

The parties also agreed that there was no need, currently, for a Science Day to explain to the court the scientific underpinnings and debates surrounding Depo-Provera brain tumors. They also agreed there was no need to separate the individual injury claims from Depo-Provera class action lawsuits, which call for the manufacturers to pay for medical monitoring of past users.

Just days after being put in charge of the litigation, Judge Rodgers announced the selection of five “pilot” Depo-Provera lawsuits, which will be prepared for early trial dates to help gauge how juries may respond to certain evidence and testimonies likely to be repeated throughout the litigation.

While the outcome of these pilot lawsuits will not be binding on other Depo-Provera claims, they will be closely watched and could be instrumental in the parties reaching a Depo-Provera settlement agreement. However, if no resolution is found, Judge Rodgers may eventually send all of the claims back to their originating districts for individual trial dates.