Lawsuit Alleges Brain Tumor From Depo-Provera Caused Tongue Muscle Control Problems

Depo-Provera lawsuit claims woman may eventually lose control of her tongue due to a tumor that cannot be surgically removed.

A recently filed product liability lawsuit claims that nearly 10 years of Depo-Provera birth control injections caused a Massachusetts woman to develop an inoperable brain tumor, leading to a permanent speech impairment.

The complaint (PDF) was brought by Kristina Maguire in the U.S. District Court for the District of Massachusetts on January 8, naming Pfizer Inc., Viatris Inc., Greenstone, LLC. Prasco, LLC, Pharmacia & Upjohn Co. LLC, and Pharmacia LLC as defendants.

Depo-Provera is a hormonal birth control shot that was first introduced in 1992, containing a synthetic form of the hormone progesterone, known as medroxyprogesterone. Following decades of advertisements that promoted the quarterly injection as a safe means of preventing pregnancy, Depo-Provera has been widely used by more than 70 million women in the U.S.

However, studies published last year raised concerns about the safety of the birth control shot, warning that Depo-Provera causes meningioma brain tumors to develop in some women, which can be life-threatening and often require surgical intervention.

Maguire’s claim is one of an increasing number of Depo-Provera brain tumor lawsuits now being filed in courts nationwide, each raising similar allegations that the brain tumors could have been avoided if women and healthcare professionals had been provided with adequate warnings about the importance of monitoring women receiving the injections for the development of tumors.

Maguire’s complaint indicates that she began receiving Depo-Provera injections in 1996, shortly after its release, and continued the quarterly treatments until 2005.

However, in 2008 and 2009, she began experiencing “concerning” symptoms of drooling and slurred speech, which she claims continued to worsen over time. After seeking medical treatment, Maguire states she received an MRI and was diagnosed with a brain tumor that was pressing on the facial nerve responsible for control of the tongue muscle.

The lawsuit states that doctors monitored the tumor’s progression, noting its continued growth. However, the tumor’s location at the base of the brain makes surgical intervention too dangerous, as it could result in severe damage.

“Because Plaintiff’s tumor is located at the base of her brain with risks of among other things, damage to one or more of Plaintiff’s cranial nerves, cerebrospinal fluid leak, vascular complication, or infection, surgical intervention is not considered an option, as it could result in damage to Plaintiff’s tongue severe enough to require a permanent need for a feeding tube,” the lawsuit states. “Regular imaging is needed to monitor the growth of the tumor.”

The lawsuit indicates Maguire faces worsening symptoms, the need for regular medical monitoring, and the potential of completely losing the function of her tongue.

She presents claims of failure to warn, design defect, negligence, negligent failure to warn, negligent design defect, negligent misrepresentation, fraudulent misrepresentation, breach of warranty, and seeks both compensatory and punitive damages.

January 2025 Depo-Provera Brain Tumor Lawsuit Status Update

Maguire’s lawsuit adds to a growing number of complaints filed in federal courts nationwide, outlining concerns about the side effects of the birth control shot.

As a result of the growing number of similar complaints being filed, a group of plaintiffs asked the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate Depo-Provera claims before one judge for coordinated pretrial proceedings in November 2024. Both Pfizer and generic manufacturers of the birth control shots agreed, though the parties differ on where the claims should be consolidated.

The U.S. JPML is currently scheduled to consider oral arguments on the motion at a hearing scheduled for January 30, 2025, at the Wilkie D. Ferguson, Jr. U.S. Courthouse in Miami, Florida.

If the JPML agrees to consolidate the lawsuits into a Depo-Provera MDL, all current and future claims filed in federal court will be transferred to one judge for coordinated discovery, pretrial motions and potentially a series of early bellwether test cases.

However, if the parties fail to reach Depo-Provera brain tumor settlements or another resolution for the litigation after all pretrial proceedings are concluded, each individual lawsuit may later be remanded back to the U.S. District Court where it was initially filed for an individual trial in the future.