What Women Need to Know About the Potential Depo-Provera MDL

The Depo-Provera Lawsuit Is An Active Lawsuit

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In late November of 2024, attorneys representing 22 women who developed brain tumors after taking Depo-Provera asked for their lawsuits to be consolidated in federal court. The plaintiffs’ attorneys filed a motion to transfer Depo-Provera cases, which could result in a Depo-Provera multidistrict lawsuit (MDL).

But, what do women need to know about this consolidation process? What impact will its approval or rejection have on current and future lawsuits filed by Depo-Provera users? Our team has some answers.

Table of Contents:

What is an MDL and Lawsuit Consolidation?

MDL litigation is a process where multiple lawsuits at the state level are consolidated in a single federal court. In order for this to happen, many people have to be harmed by the same product in a similar way. In the case of Depo-Provera, each of the women who filed a lawsuit took Depo-Provera (or generic medroxyprogesterone acetate) and then developed brain tumors called meningiomas.

If these lawsuits are consolidated, only some phases of the lawsuit will be worked on collectively. Each woman’s case will be heard and tried on its own merits. That means each woman would have a different result and potential compensation. However, attorneys representing these women would work together during some phases of the trial—the discovery phase and potential bellwether trials. In these phases, attorneys on both sides gather and share information and then support test trials.

How Would Consolidating Lawsuits Help Women Who Were Harmed by Depo-Provera?

MDLs are created with the goal of decreasing the demands placed on plaintiffs, defendants, witnesses, and the courts. If consolidation happens with Depo-Provera cases, one of the outcomes will be fewer burdens for women filing lawsuits. That’s because a lot of the preliminary work and fact-finding will already be established as part of the discovery phase and bellwether trials. 

Benefits for the Women in the Initial Trials

Consolidating individual Depo-Provera lawsuits into an MDL could have several advantages for women. The 22 women whose lawsuits are part of the initial consolidation will retain their own attorneys, but they will benefit from a team of attorneys assembling evidence to support their claims. If their cases are selected for bellwether trials and are successful, they could receive large jury awards for their injuries.

Benefits for Women Who Join the Future MDL

For women who join the potential MDL after its creation, there are many possible benefits. Those women will be able to go through an abbreviated discovery phase, have many facts established for their case, and potentially be able to more quickly move toward a settlement.

If the preliminary phases go well for plaintiffs, Pfizer and other manufacturers will be proven negligent and liable. That means the thousands of women who have retained attorneys could file their lawsuits and not have to prove these facts for themselves. Essentially, consolidation would mean each woman affected by brain tumors would not have to prove Pfizer and others hurt women with a dangerous drug. Instead women who joined the MDL could focus on proving their Depo-Provera use, tumor diagnosis, and how they were impacted.

How Would a Depo-Provera MDL Be Formed?

The first step of the lawsuit consolidation has already occurred. Attorneys representing women who filed Depo-Provera lawsuits at the state level have joined together and asked for a federal MDL to be created. This request was filed with the United States Judicial Panel on Multidistrict Litigation, who will decide if these 22 lawsuits can be transferred to a federal court and which court they will be consolidated in. In the case of Depo-Provera, the plaintiffs’ attorneys asked for the cases to be consolidated in California or Massachusetts as an alternative. If the motion is approved, an MDL will be created for women harmed by Depo-Provera.

Will There Be a Depo-Provera Class Action Lawsuit?

It is highly unlikely Depo-Provera lawsuits will merge into a class action lawsuit. Instead, this litigation may become an MDL as part of a mass tort. Mass torts are similar to class actions in that the plaintiffs in the lawsuits were all harmed by a specific source, in this case Depo-Provera. Although women harmed by Depo-Provera may have experienced the same injury (brain tumors) from that source, not all of the women who file lawsuits experienced the same outcomes. 

For example, one woman may have an inoperable tumor that forever changes her quality of life and another woman may have an operable tumor and be able to resume a more normal quality of life. The damages these plaintiffs experienced are different, therefore their cases need to be tried separately and potentially compensated differently. A class action lawsuit would not usually allow for this, meaning an MDL is a better fit.

Why Are Depo-Provera Cases Good Candidates for Consolidation?

In the Depo-Provera lawsuits, there is a clear injury, strong scientific evidence to support that Depo-Provera caused that injury, and a large population of women who took Depo-Provera. 

Although women have experienced different types of meningiomas after using injectable birth controls containing medroxyprogesterone acetate, they all experienced a specific type of brain tumor. Additionally, there is a lot of research linking Depo-Provera use and developing brain tumors, including the August 2024 national case-control study. This study found that women who took Depo-Provera shots for more than a year were 5.5 times more likely to develop meningiomas. Lastly, according to the CDC, approximately 1 in 4 women in the United States have used Depo-Provera or a generic equivalent at some point in their lives. Rates among black women were even higher, at 42%. This means there could be many potential plaintiffs seeking damages.

Why Did Lawyers Ask for the Lawsuits to Be Consolidated In California Federal Courts?

In their consolidation request, attorneys for plaintiffs asked for the 22 Depo-Provera lawsuits to be consolidated in California federal court. They made the recommendation based on several factors, including California’s strong innovator liability laws, California being the most populous state, Pfizer’s business presence in California, and the large number of state-level lawsuits already filed in California.

California’s innovator liability laws would allow women to pursue lawsuits naming Pfizer, Inc as a defendant, even if that woman took the generic version of Depo-Provera (medroxyprogesterone acetate). This is important because Depo-Provera has been on the American market for more than 30 years. This means many women have taken generic versions of the drug and developed brain tumors. Consolidation in California would allow them to hold Pfizer liable.

The motion to transfer also listed Massachusetts federal court as an alternative option for consolidation. Massachusetts also has strong innovator liability laws.

What’s Next in the Depo-Provera Lawsuit Consolidation Process?

If the motion to consolidate is accepted by the JPML, 22 Depo-Provera lawsuits filed at the state level will be consolidated into California federal court. Once these cases are consolidated, the pre-trial work will begin. Attorneys representing each woman will work together to build their cases against the Depo-Provera and DMPA manufacturers listed in each lawsuit.

Assuming the motion to transfer in step 1 is approved, the Depo-Provera MDL will go each step of the MDL process:

• Step 1: Attorneys representing plaintiffs file a motion to transfer to the JPML
• Step 2: The JPML approves or denies the transfer
• Step 3: The JPML appoints a transferee judge to oversee the transfer
• Step 4: The judge selects a lead attorney to coordinate the discovery phase
• Step 5: Discovery and pretrial proceedings occur, where attorneys on both sides exchange information and procure expert reports
• Step 6: The judge may dismiss some cases and some lawsuits may be settled instead of going to trial
• Step 7: If cases remain, the judge selects individual cases for bellwether (test) trials
• Step 8: Bellwether trials are conducted and each case is tried and independent verdicts are issued

What Should Women Do While Waiting for the Outcome of this Consolidation?

Women who have been diagnosed with meningiomas and took Depo-Provera should speak with an attorney as soon as possible, even if they are not sure what action they want to take. 

Although the Depo-Provera litigation is in its early stages, women still need to take action. It is important to complete certain steps of the legal process within the statute of limitations. For women diagnosed with intracranial meningiomas, there are state-specific filing deadlines. Women should retain an attorney and begin the filing process, even if they are not sure if they want to join the MDL. 

Women should hire an experienced attorney experienced in pharmaceutical litigation and product liability lawsuits. This will give them the best chance of holding Pfizer accountable and receiving compensation for the terrible injuries they suffered.