Why the Depo-Provera Lawsuit MDL Is Headed to Florida

As anticipated, the growing number of Depo-Provera lawsuits are headed for multidistrict litigation. But the location of the MDL was somewhat unexpected.

The U.S. Judicial Panel on Multidistrict Litigation determined on Friday that the lawsuits would be consolidated in the Northern District of Florida. This consolidation brings the cases together before one judge, allowing them to move through the legal process together in a streamlined fashion.

Although the JPML noted that the Florida court was one of several choices proposed by some plaintiffs, California and New York appeared to be the two most likely options.

Pfizer, which manufactures the birth control injection, had pushed for New York while plaintiffs had filed a motion to consolidate the cases in California to take advantage of a tort theory involving generic manufacturers.

Instead, the cases will be transferred to Florida.

Lawyers expect to see more lawsuits over claims that Depo-Provera is tied to the development of meningiomas, a type of tumor that forms near the brain. According to Mayo Clinic, they can cause memory loss, seizures and personality changes.

Depo-Provera Lawsuits Placed Before Judge with Significant Tort Experience

While the Northern District of Florida was seemingly not the first choice of most plaintiffs or defendants, it does allow for the pending Depo-Provera lawsuits to be placed before a judge with experience handling expansive litigation.

“Judge M. Casey Rodgers, to whom we assign this MDL, is an able jurist with extensive and exceptional experience presiding over large products liability MDLs,” the JPML said in its transfer order. “We are confident that she will steer this litigation on a prudent and expeditious course.”

Judge Rodgers is currently overseeing the 3M combat earplug lawsuits, with nearly 400,000 total cases filed within the MDL.

The JPML also noted that a Florida-based MDL will serve the convenience of the parties. Additionally, two related actions were already pending in that district.

Plaintiffs, Defendants Miss Out on Top Picks for MDL Location

In their initial motion advocating for the creation of an MDL, plaintiffs had hoped to see the cases placed in California or, alternatively, Massachusetts.

These are the only two states that acknowledge innovator liability, which is key to lawsuits involving generic versions of Depo-Provera. Innovator liability essentially could have allowed plaintiffs who developed a meningioma after using a generic version of the drug to bring claims against Pfizer.

Plaintiffs pointed out that generic versions of Depo-Provera have been sold for more than 20 years and are often available at a lower price. With the lawsuits consolidated in Florida, it is unclear if cases involving generic versions of the drug will be a part of the MDL.

Pfizer and other defendants, meanwhile, had pushed for the MDL to be placed in the Southern District of New York. This would have allowed the lawsuits to be consolidated in the pharmaceutical giant’s home state while also sidestepping innovator liability.

But the various defendants listed as part of the lawsuits were not in lockstep on their MDL preferences.

“Defendants generally support centralization in the Southern District of New York, but their positions are somewhat nuanced,” the panel stated in its order.

Defendant Prasco stated it would only support the formation of an MDL if it was not placed in California or Massachusetts, while Greenstone and Viatris opposed centralization of the cases.

The Depo-Provera cases will become just the second active MDL in the Northern District of Florida.