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What Are the Issues With Depo-Provera?
Depo-Provera has been around much longer than most people realize. In the United States, it received modern approval for use more than 30 years ago. However, the U.S. Food and Drug Administration (FDA) briefly approved it in the mid-1970s before the approval was withdrawn over concerns that it caused tumors in animal studies. It was not available in the United States from 1978 until 1992.
According to the Food and Drug Law Journal, the FDA reapproved Depo-Provera in 1992 but required the drug company to conduct studies on the related risk of osteoporosis. Following these studies, the drug’s labeling was updated to include a Black Box warning related to the increased risk.
The initial studies that linked the birth control drug to tumor development are being reviewed now, thanks to the current research. Plaintiffs suing Pfizer for damages believe that the risk of developing tumors may increase when people take the drug.
What Is the Depo-Provera Brain Tumor Lawsuit?
Depo-Provera, sometimes called the Depo shot or the birth control shot, is a popular choice for individuals who want to prevent pregnancy or manage conditions that cause heavy menstrual bleeding, such as endometriosis. It is typically given by injection every 12 weeks.
However, despite the effectiveness and popularity of the drug, some users are filing lawsuits alleging that the manufacturer is marketing a dangerous product. Studies discussed below have uncovered an increased risk of developing brain tumors—specifically meningiomas—with regular use of the medication’s active ingredient, medroxyprogesterone acetate.
The allegations in these lawsuits not only call Depo-Provera a dangerous drug but accuse the drug company of knowing that the drug came with brain tumor risks but failed to warn users.
Depo-Provera Brain Tumor Lawsuit Updates
October 16, 2024
We are still waiting for the existing lawsuits to be consolidated into multidistrict litigation (MDL).
Frequently Asked Questions
Depo-Provera users are filing lawsuits against the drug company Pfizer. This pharmaceutical company makes and markets the birth control shot.
If you used the birth control show and were later diagnosed with Cerebral Meningioma (malignant or benign), contact us for a free case review. In addition to your diagnosis, you will need to have medical records that reflect you received at least four consecutive injections of:
- Depo-Provera
- Depo-SubQ
- An “authorized generic” version
If you decide to file a lawsuit with help from one of our law firm partners, your attorney will help you obtain these records and document that you meet the criteria to sue the drug company and possibly participate in any mass tort that could arise based on these cases.
A March 2024 study published in BMJ showed a significant link between the use of the birth control shot and “excess risk” of the development of meningiomas, a tumor that develops in the membranes that protect the brain.
These tumors can cause severe headaches, changes in vision, dizziness, memory concerns, seizures, and other major symptoms and complications. There is no known mechanism of why these tumors develop more commonly in those who use this drug, but additional studies are ongoing.
According to the BMJ study, approximately 74 million people worldwide use the shot for birth control or to regulate menopausal symptoms.
The Goldwater Law Firm works with successful and experienced law firm partners to ensure everyone who may qualify to file a dangerous or defective product lawsuit has an advocate on their side who can manage this process for them.
For more than 20 years, our team has helped the injured get results. We are an award-winning law firm and one of the most recognized names in personal injury law. We have formed strategic partnerships with law firms nationwide and can help people in all 50 states. Let us connect you with a mass tort or personal injury lawyer who can help you get justice.
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The Depo-Provera brain tumor lawsuits are in their earliest stages as of October 2024. We are barely six months removed from the publication of the BMJ report that showed a significant link between the use of the birth control shot and the increased likelihood of brain tumor development. However, women are already filing lawsuits against Pfizer based on receiving at least two of the birth control shots and later developing meningioma tumors.
The Goldwater Law Firm is watching courts nationwide closely and believes there is a good chance the U.S. Panel on Multidistrict Litigation could consolidate these cases into an MDL. As of October 2024, there is no indication when this could happen or where the case might be heard.
An MDL is a mass tort that allows many plaintiffs to work together and pool their money to pursue a case. This is especially helpful when the defendant is a large, multinational pharmaceutical company with endless resources.
Multidistrict litigation is a type of mass tort that serves several purposes. By consolidating many similar cases into a U.S. District Court for the initial stages, it prevents a massive backlog in the lower courts across the country. Handling all the cases at the same time benefits the plaintiffs, the defense, and the court system.
Plaintiffs can pool their resources, working with experts who might not be available for individual cases. At the same time, defendants do not have to hire a huge team of lawyers to oversee cases spread across the country.
Only the U.S. Panel on Multidistrict Litigation can agree to consolidate cases into an MDL. When it does, it assigns it to a specific judge in a U.S. District Court. Often, the judge has some experience with similar cases or works in the district where the company is located. Sometimes, it is simply where the majority of cases were already located.
Multidistrict litigation consolidates similar cases for several very specific steps. The cases generally function as one case for pretrial motions and the discovery process. The judge overseeing the MDL hears motions from the plaintiffs and the defense and outlines the rules of how the case will proceed.
Both sides engage in the discovery process, which includes calling in experts, reviewing studies, sharing scientific findings with the court, and exchanging evidence.
Throughout this process, they work together to choose some cases for trial within the MDL. These are known as bellwether trials. They allow both the claimants and defense to try out their evidence on a jury and learn the strength of their case. Bellwether trials could trigger settlement negotiations when they result in big wins for the plaintiffs.
There are generally two ways a plaintiff can win compensation in an MDL. They are settlements and court awards. When plaintiffs present strong evidence, and the defense realizes it could face huge losses at trial, they often offer to settle cases individually, in tiered settlements based on injuries, or globally.
Plaintiffs who do not wish to settle or are not offered a settlement can take their case to trial in its original jurisdiction following the MDL. This is rarely necessary, but it provides a way for any MDL participant to take their evidence in front of a jury and possibly recover fair compensation.
The Depo shot is not the first birth control method that has faced serious legal challenges. Some recent cases involved:
- Essure permanent birth control, MDL No. 2739
- Mirena IUD, MDL No. 2767
- Yaz birth control pills, MDL No. 2100
Each of these cases has its own facts, and there is no way to know how a potential Depo-Provera MDL might go based on the outcome of these cases. However, it is concerning that so many products marketed for birth control purposes have led to dangerous drug and device mass torts.
Multidistrict litigation can also vary widely in size. Many active MDLs have a few dozen plaintiffs or even fewer. With the number of consumers who used the Depo-Provera shot, the number of plaintiffs in a mass tort could easily reach four to five digits.
The damages you might be able to receive from a Depo-Provera brain tumor case depend significantly on the severity of your injuries, the medical treatment you required, and other factors unique to your case. Whether or not you settle the case or go to trial and whether you participate in a mass tort (if there is one) could matter, too.
Some of the potentially recoverable damages in a brain tumor case could include:
- Medical care to treat the tumor, often radiation, removal, or both
- Monitoring of the tumor or tumor site
- Management of ongoing complications and side effects
- Future care costs if the tumor returns or you have additional tumors
- Lost wages and other income while you missed work
- Diminished earning capacity if your impairments prevent you from returning to work
- Related expenses, such as traveling to see a specialist or modifying your home for wheelchair use
- Pain and suffering and other intangible losses
There is no way to know how much your lawsuit might settle for or how much a jury might award. Each case is unique, and none of the Depo-Provera brain tumor lawsuits have gone to court.
However, there is one possible indicator. In 2020, Neurosurgery Focus published a paper that analyzed almost four dozen meningioma lawsuits and their outcomes. While most of these cases—nearly 70 percent—were failure to diagnose medical malpractice lawsuits, the injuries suffered by the plaintiffs were similar to those filing Depo-Provera brain tumor cases.
In the 2020 study, they found:
- Settlements averaged $867,555
- Verdicts averaged $3,409,650
While these totals do not have any bearing on the current meningioma lawsuits against Pfizer, it does provide a possible range of what juries believe suffering this type of brain tumor might be worth.
Regardless of the future of the Depo-Provera brain tumor lawsuits, you want to work with an attorney who handles defective product cases and is familiar with navigating mass torts. Our team can assess your case and refer you to our law firm partners who are representing others in these cases.
Focusing on and Promoting Your Best Interests
While a team of attorneys will handle any mass tort, your attorney will continue to focus on your best interests and your unique case. They will document your eligibility, gather paperwork to show your damages, and call in experts to understand how your brain tumor has and will continue to affect your life.
Consulting Experts
We have a robust network of specialists and industry experts we work with in these cases, and you can count on your lawyer to consult with them when necessary to bolster your case. This may include drug experts, physicians, economists, and more.
Negotiate Your Settlement
Your attorney will also represent you during settlement negotiations or if your case goes to trial. They will use proven negotiation techniques and their experience to get the best possible settlement for you.
While most meningiomas are benign, some are not. Cancerous brain tumors can be aggressive and fatal. Even when they are benign, these brain tumors can grow very large and put pressure on components in your brain or spinal cord. According to the American Association of Neurological Surgeons, some meningiomas are severely disabling and even life-threatening.
If your loved one died from a brain tumor, your family could file a wrongful death action based on their Depo-Provera use and meningioma diagnosis. The rules for filing this lawsuit will depend on the jurisdiction, but there may be a short window to act.
Contact Our Team to Discuss the Depo-Provera Brain Tumor Lawsuit for Free
The Goldwater Law Firm provides free case assessments for individuals and families with questions about this lawsuit and potential mass tort. We will review the facts of your case and discuss your options for filing a Depo-Provera brain tumor lawsuit. We work with co-counsels nationwide and can help people from all 50 states.
Contact us today to get started. All calls are confidential, consultations are free, and there is no obligation.