Twenty-seven Depo-Provera lawsuits by women suffering from intercranial meningioma (a brain tumor) after taking Depo-Provera (a/k/a Depot Medroxyprogesterone Acetate) have now been consolidated into the Northern District Of Florida into the Depo-Provera MDL 3140. The Judge has recently issued a number of orders in this mass tort litigation and is pushing the Depo-Provera lawsuits forward rapidly. This blog will provide the most recent information on the pending Depo-Provera lawsuits.
Background on the Depo-Provera Lawsuits
Depo-Provera is a drug created by Pfizer in the 1970s, initially as a treatment for uterine cancer. It was originally denied approval by the FDA. Years later, after the WHO changed how it viewed animal studies, Pfizer refiled, the FDA granted approval, and the drug hit the market. Even though it was developed for a uterine cancer treatment, it was promoted for its off-label use as a contraceptive soon after it hit the market. It can reduce the chance of getting pregnant for months because it prevents ovulation and increases mucus in the cervix. Two separate studies have indicated that the risk of both pseudo tumors(PTCS) and tumors (intercranial meningioma) may be increased by the use of Depo-Provera.
What Injuries are Accepted in the Depo-Provera Lawsuits in the MDL?
The current MDL recognizes claims being brought for the development of an intercranial meningioma. Intercranial meningioma is a noncancerous tumor growing in the meninges, which are the membranes that protect the brain and spinal cord. Some can be asymptomatic while others may cause:
- Headaches
- Seizures
- Vision problems
- Hearing loss
- Weakness or numbness of the limbs
- Personality disorders.
We are not currently evaluating cases with any diagnosis other than intercranial meningioma. Other law firms may have different criteria.
Present State of Depo-Provera Litigation
This case has been placed on a fast track with five pilot cases already chosen. The court has entered orders allowing for 120 days of discovery on the preemption issues and 180 days given for discovery on the causation issues running concurrently. The kickoff Date for both was Friday, March 31st. Thus, if you want to be a part of it, you do not have long.
No Short Form Complaints
In many MDLs the court will approve a short form complaint. No such short form complaint has been approved in the Depo-Provera MDL. There are amended complaints on file regarding the five pilot cases. These complaints are a great model to follow because this court has many local rules and local pleading requirements—such as placing venue in the case style. Additionally, proof of use and injury must be filed within the first 120 days.
Product Identity
As in any product liability case, identifying the right product is key to any claim. You will need to obtain the medical records and find the product name and identification number (product number). The lot date should also be in the prescribing doctor’s records.
Generics
General generics do not apply in this litigation since the patent expired in 2004 and the market was exposed to copies. However, there are three generics that may qualify for the litigation. These would be generics made by Prasco, Beatrice, and Greenstone. If your records reflect the prescription drug came from these three or Pfizer, you should speak to a Depo-Provera lawsuit lawyer about your case immediately.
Talk to a Product Liability Lawyer About a Depo-Provera Lawsuit
The clock is ticking to file a Depo-Provera lawsuit in the Depo-Provera Multidistrict litigation. The Judge is moving the cases quickly. If you received Depo-Provera contraception injections and were later diagnosed with an intercranial meningioma, talk to a product liability lawyer about whether you should file a Depo-Provera lawsuit. If you would like to be connected with a Depo-Provera lawsuit attorney to evaluate your case, please call us at 800-298-0111 to get connected.
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