Nearly 1,000 Depo-Provera Meningioma Lawsuits Filed, With Another 9,500 Under Investigation

Judge presiding over the federal litigation is calling on Depo-Provera lawyers to investigate and file claims quicker, indicating that delays in filing claims may impact attorney leadership positions previously assigned.

Over the past year, a steadily growing number of Depo-Provera meningioma lawsuits have been filed by women throughout the U.S., each raising similar allegations that long-term use of the birth control injection caused them to develop a brain tumor. However, lawyers recently reported that the number of lawsuits actually filed in courts likely only represents about 10% of the total claims currently under investigation.

Given common questions of fact and law raised in complaints brought throughout the federal court system, a Depo-Provera MDL (multidistrict litigation) was established earlier this year before U.S. District Judge M. Casey Rodgers in the Northern District of Florida, where lawyers are coordinating discovery into common issues and preparing a small group of pilot cases for early test trials.

According to recently released court records, there are currently nearly 1,000 lawsuits filed against Pfizer and generic Depo-Provera manufacturers nationwide, including at least 878 brought in the MDL, and more than 80 additional claims spread across various different state courts, including 63 in New York, 11 in California, 2 in Delaware and one each in Pennsylvania, Illinois, Connecticut, Missouri, New Mexico and Tennessee.

However, that number is dwarfed by the estimated amount of Depo-Provera meningioma lawsuits that have yet to be filed, with as many as 9,571 claims potentially waiting in the wings.

Due to concerns about the impact these unfiled claims may have on the coordinated management of the litigation, including the ability to negotiate potential meningioma settlements with the drug makers, lawyers are now being encouraged to file Depo-Provera lawsuits quicker, according to recent court orders.

Depo-Provera is a long-acting hormonal contraceptive administered quarterly throughout the year, containing the synthetic progestin medroxyprogesterone acetate, which has been widely used for decades by millions of women seeking a convenient form of birth control, without the need to remember to take a daily pill.

While the shot has historically been considered safe, concerns have emerged over the past few years about the potential side effects of Depo-Provera shots on hormone-sensitive tissue in the brain.

Lawsuits began to emerge last year, after a study was published that revealed women using Depo-Provera for more than a year faced a 5.55 times higher risk of developing a meningioma, which are slow growing, but potentially dangerous brain tumors that can cause vision changes, headaches and neurological impairment.

Each of the complaints raises similar allegations, indicating that the drug makers placed a desire for profits before the health and safety of women, by withholding critical warnings about the potential Depo-Provera brain tumor risks.

Thousands of Depo-Provera Meningioma Claims Being Investigated

On Friday, Judge Rodgers met with lawyers appointed to serve in various different leadership positions in the MDL, for a regularly scheduled Depo-Provera lawsuit status conference.

In a joint update (PDF) submitted in advance of the hearing, lawyers reported that there are currently a total of 961 claims filed at the state and federal level. However, reports indicate that there are about ten times more women who have retained lawyers and are preparing to file lawsuits.

Judge Rodgers has urged plaintiffs’ attorneys to vet and file the claims as soon as possible, because of the large potential impact they could have on any Depo-Provera settlement agreements. She warned attorneys in leadership positions to rapidly vet and file those cases, suggesting their leadership positions in the litigation could be in jeopardy if they continue to delay.

Pfizer To File Motion To Dismiss

As part of the coordinated management of the litigation, Judge Rodgers has set a pretrial schedule, which calls for Pfizer to file any motion for summary judgment this month, presenting arguments that the Depo-Provera meningioma lawsuits are preempted by federal law.

If the litigation survives preemption challenges, Judge Rodgers has ordered the preparation of five “pilot” cases to serve as early bellwether trials, which will allow the parties to gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the claims.

Although the outcomes of those trials will not be binding on other claims, they are expected to provide critical insight into how juries respond to key arguments and testimony, potentially paving the way for broader Depo-Provera settlement negotiations.

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