Depo-Provera Lawsuits Moving Closer to Multidistrict Litigation
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Lawsuits alleging a link between Depo-Provera and tumor development may be consolidated under multidistrict litigation soon.
Plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation last week to consolidate existing Depo-Provera lawsuits into an MDL in California.
“With a significant number of cases tied to California residents and excellent infrastructure for legal proceedings, the Northern District of California is likely to be very efficient, fair, and accessible for all parties involved,” Brendan Smith, an attorney from the award-winning firm Simmons Hanly Conroy, told Consumer Notice.
Brendan Smith, an attorney with the award-winning firm Simmons Hanly Conroy, told Consumer Notice.
MDLs are created to handle situations when several lawsuits are filed over a similar issue. Those cases are consolidated under one judge, allowing for a more streamlined and effective process.
In the newly filed motion, plaintiffs noted 22 similar cases pending in eight courts, filed by ten different law firms.
“It is anticipated that many more will be filed given the large amount of women that have been administered Depo-Provera for contraception over the years,” the motion stated. “…these cases are ripe for consolidation before one transferee judge.”
California is the target venue for the potential MDL partly because it is one of the only two states where lawsuits can use innovator liability. This means that people who used generic versions of Depo-Provera could still bring cases against Pfizer, the primary manufacturer of the drug.
Because of “the duty of sameness,” a federal law, generic drugs must use an identical drug label as the brand name version, with minimal exceptions. A key argument for innovator liability is that because Pfizer dictates the drug labels for generic Depo-Provera, it should be liable for any harm from poor labeling on generic versions of the drug.
It may take several months for a decision to be made on the motion and for an MDL to be formed.
Depo-Provera Lawsuits Claim Drug is Tied to Meningioma
Depo-Provera lawsuits have begun to take off in recent weeks following newly uncovered concerns over the contraceptive injection’s ties to a type of tumor.
A study that was published in the British Medical Journal in March reported that Depo-Provera users had a 555% greater incidence of developing a meningioma.
According to Cleveland Clinic, meningiomas are tumors in the tissue layers that cover the spinal cord and brain. Though they are usually benign, they can still require surgical removal.
The lawsuits filed so far have highlighted the ways that meningioma diagnoses have impacted the lives of plaintiffs. One plaintiff, Monique Jones, received around 90 Depo-Provera shots over nearly 25 years before she was diagnosed with a meningioma.
While other plaintiffs were able to have serious surgeries to remove their tumors, the placement of Jones’ made the operation too risky. As a result, she has been left with symptoms including blurred vision, headaches and vertigo.
Lawyers are continuing to investigate Depo-Provera cases, with litigation expected to continue to grow.
Editor Lindsay Donaldson contributed to this article.