Depo-Provera Lawsuits

Depo-Provera is a contraceptive injection, often referred to as the “birth control shot,” that has been available for many years. Recent scientific research has linked Depo-Provera to an increased risk of brain tumors.

Women who used Depo-Provera and later developed a brain tumor may be eligible to file product liability lawsuits and seek financial compensation from the drug’s manufacturer, Pfizer. This new evidence is expected to trigger a surge in Depo-Provera lawsuits nationwide.

This page will discuss the Depo-Provera brain tumor lawsuits, including information on potential settlement values.

Our law firm is now accepting Depo-Provera lawsuits from individuals nationwide who used the drug at least twice and were subsequently diagnosed with a brain tumor. If you meet these criteria, contact our Depo-Provera attorneys at 800-553-8082 or reach out to us online.

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News and Updates:

November 15, 2024: The size of the potential plaintiff field in the Depo Provera brain tumor litigation could be very big. According to the FDA, around 1/4 of all sexually active women in the U.S. have taken Depo Provera at some point. That means that well over 25 million women in the U.S. have gotten the birth control shot. Even if we assume that only a small fraction of these women will be diagnosed with meningiomas (let’s say 0.5%) that would still yield a potential plaintiff field of 125,000. Obviously not every woman who took it and was diagnosed with meningiomas will file a claim, but even if only 10% of them do that would give us a big mass tort.

October 30, 2024: A key issue in this litigation is whether Pfizer’s early monitoring systems properly flagged brain tumor reports linked to Depo-Provera. As discovery proceeds, attorneys will scrutinize Pfizer’s internal documents to see if they missed or ignored signs of meningioma risks. The focus isn’t on whether Depo-Provera should have been withdrawn from the market, but rather on Pfizer’s post-market surveillance (pharmacovigilance) practices. If evidence shows Pfizer knew, or should have known, about significant risks and failed to warn patients, they could be held liable.

September 2, 2024: In addition to failure-to-warn claims, some plaintiffs’ attorneys are pursuing theories of marketing-based liability. They argue that Depo-Provera was marketed in a way that downplayed its risks, focusing heavily on benefits while minimizing potential harms. Allegedly, marketing materials did not sufficiently highlight the increased risk of meningioma associated with prolonged use. These claims often leverage consumer protection laws, contending that Pfizer engaged in deceptive marketing by omitting critical safety information.

August 1, 2024: The absence of a meningioma warning on the U.S. Depo-Provera label, despite its inclusion in Europe, raises concerns over patient safety and transparency. In Europe, Pfizer updated the label to include potential meningioma risks, likely due to emerging studies and regulatory pressure. However, the FDA has not mandated a similar warning in the U.S., nor has Pfizer voluntarily sought one, despite longstanding research linking hormonal contraceptives to meningioma risk. This discrepancy raises questions about why American patients aren’t receiving the same level of information as those in Europe.

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About Depo-Provera

Depo-Provera is a prescription contraceptive injection primarily used by women to prevent pregnancy. It contains medroxyprogesterone acetate, a hormone that prevents ovulation, thickens cervical mucus, and thins the lining of the uterus, making it difficult for sperm to reach and fertilize an egg.

The shot is typically administered once every three months (every 12 weeks) and is known for being a long-acting, reversible form of birth control. While effective in preventing pregnancy, Depo-Provera may cause side effects such as changes in menstrual cycles, weight gain, headaches, and decreased bone density with long-term use.

Depo-Provera was first developed and manufactured by the pharmaceutical giant Pfizer. Pfizer first got FDA approval for Depo-Provera in the early 1990s. The original patent on Depo-Provera expired a long time ago, however, most generic versions of Depo-Provera are actually still manufactured by Pfizer.

Depo-Provera Causes Brain Tumors

A groundbreaking scientific study was published in March 2024 in the British Medical Journal, a highly respected medical publication, revealing a strong link between the use of Depo-Provera and the development of a specific brain tumor called meningioma.

The study examined the relationship between the use of certain hormone medications, known as progestogens, and the risk of developing meningiomas. Researchers focused on various progestogens, analyzing data from the French National Health Data System, which included women who had undergone surgery for meningioma in France.

The study was extensive, involving 108,366 women, of whom 18,061 had surgery for meningioma, making it a significant research effort. The study results showed that long-term use (more than one year) of Depo-Provera was associated with an increased risk of meningiomas.

In drug litigation, one critical measure is the odds ratio, which compares the likelihood of developing a condition in users versus non-users. An odds ratio of 2, for example, means users are twice as likely to develop the condition. The BMJ study found that the odds ratio for the link between Depo-Provera and meningiomas was 5.5 – which is an overwhelming strong level of evidence.

About Meningiomas

Meningiomas are a type of tumor that forms in the meninges, the protective membranes surrounding the brain and spinal cord. These tumors are usually benign (non-cancerous), but in some cases, they can be malignant (cancerous) or atypical, which means they have a higher risk of recurrence after treatment.

Meningiomas grow from the meninges, typically on the outer surface of the brain. They can press on the brain or spinal cord, causing various symptoms depending on their size and location.

Symptoms vary but can include headaches, seizures, vision problems, hearing loss, memory difficulties, and muscle weakness. These arise when the tumor compresses brain structures.

The likelihood of developing meningiomas increases with age, and the condition is more frequently observed in women than men, possibly due to hormonal influences. In addition, certain genetic conditions -such as neurofibromatosis type 2 – and exposure to ionizing radiation are known risk factors that can predispose individuals to these tumors.  Until 2024, women did not know of the risk with Depo Provera.

The approach to treating meningiomas varies based on factors such as the tumor’s size, location, and growth rate. For small, slow-growing meningiomas that aren’t causing symptoms, a “watch and wait” strategy may be adopted, involving regular monitoring without immediate intervention. In other cases, treatment options might include surgical removal, radiation therapy, or a combination of the two. More aggressive or malignant meningiomas may require a comprehensive treatment plan that includes chemotherapy or targeted therapies to manage their behavior. As we will talk about below, the extent of the treatment will be factor when looking at ultimate Depo Provera lawsuit settlements.

The outlook for individuals with meningiomas is generally good, especially for benign cases. However, the prognosis can vary based on the tumor’s size, location, and grade (whether it’s benign, atypical, or malignant).

Depo-Provera Brain Tumor Lawsuits

Pharmaceutical companies, like Pfizer, are legally required to ensure that their products are reasonably safe for consumers and to provide clear, accurate warnings about any associated risks. This responsibility falls under “strict liability” for failure to warn. This means that even if the drug itself is not defective, a manufacturer can still be held liable if they fail to disclose foreseeable serious side effects or risks.

If a drug manufacturer does not fulfill this obligation, they can be held responsible for any harm caused by their product. Both patients and healthcare providers rely on the safety information provided by manufacturers to make informed decisions. An essential part of a drug’s safety is its warning label, which must include all known or reasonably foreseeable risks. This information helps doctors prescribe medications appropriately and allows patients to assess the benefits and risks.

In the case of Depo-Provera, the connection between the drug and meningiomas was not listed as a potential risk on its warning label. Lawsuits regarding the Depo shot will argue that Pfizer either knew or should have known about this risk and failed to update the label, which constitutes a failure to warn.

If the increased risk of meningiomas had been disclosed, Pfizer likely would have seen reduced sales. Many patients, possibly the majority, might have opted for alternative contraceptive methods, and doctors could have been more cautious in prescribing the drug for long-term use.

Who Qualifies for a Depo-Provera Lawsuit?

Our law firm is seeking to file Depo-Provera lawsuits on behalf of women who received at least two injections of the Depo-Provera birth control shot and were later diagnosed with a meningioma or another type of brain tumor.

These are the minimum eligibility requirements for pursuing a claim. Some law firms are requiring four Depo shots.  it just depend on the law firm. While individuals who used Depo-Provera over a longer period may have stronger lawsuit, our lawyers believe that receiving as few as two injections could be sufficient to support a viable claim.

Settlement Estimates for Depo-Provera Lawsuits

Any projection of settlement amounts for Depo-Provera lawsuits should come with some important caveats. It is still very early in the litigation process, making it difficult to provide a precise estimate of potential settlement compensation for Depo-Provera brain tumor cases.

At this stage, it remains uncertain whether the scientific evidence will be deemed admissible in court. However, our attorneys can make an informed guess based on certain assumptions and by drawing from settlement payouts in similar tort cases involving comparable facts and injuries.

The potential settlement value of a Depo-Provera lawsuit will depend on several factors, including the severity of the brain tumor (such as a meningioma), the extent of medical complications, and the strength of the evidence linking the drug to the tumor.

While it is still early in the litigation process and exact settlement amounts are uncertain, attorneys estimate that successful Depo-Provera brain tumor cases could settle for anywhere between $275,000 to $500,000 or more.

This range accounts for the differences in the severity of meningiomas:

The likelihood of developing meningiomas increases with age, and the condition is more frequently observed in women than men, possibly due to hormonal influences. In addition, certain genetic conditions – such as neurofibromatosis type 2 -and exposure to ionizing radiation are known risk factors that can predispose individuals to these tumors.

While many meningiomas are benign and grow slowly, they can still cause significant neurological symptoms and require invasive treatments, ranging from surgery to radiation therapy. In more severe cases, they can be life-threatening or significantly impair quality of life.

Factors Influencing Depo-Provera Settlement Values

Settlement amounts for a Depo-Provera meningioma cases vary based on several factors:

1. Severity of the Meningioma:
   • Benign Meningiomas: Cases involving benign, slow-growing tumors that are asymptomatic or cause only mild symptoms typically have lower settlement values. While these tumors may not require immediate treatment, they often require ongoing monitoring and can cause anxiety and emotional distress. Our lawyers believe even a tumor that does not require treatment is awful.  How much would you pay not to have a brain tumor?
   • Atypical Meningiomas: These tumors have a higher risk of recurrence and may require more aggressive treatment, such as surgery and radiation. Settlements for these cases are generally higher due to the increased medical costs, the need for long-term follow-up, and the potential for a significant impact on quality of life.
   • Malignant Meningiomas: Malignant meningiomas, though rare, are fast-growing and invasive, often leading to severe neurological damage. These cases can result in significant settlement values due to the intense treatment requirements, potential for permanent disability, and impact on life expectancy.
2. Medical Expenses and Lost Wages:
   • Plaintiffs may be compensated for the costs of medical treatments, including surgeries, hospital stays, follow-up appointments, and ongoing therapies. In more severe cases, plaintiffs who have lost the ability to work or require long-term care may receive additional compensation for lost wages and diminished earning capacity. Jurors often use this number as a market for pain and suffering damages so, in some of these cases, we might not put in economic loss and all and simply the jury to award pain and suffering damages, unencumbered by a small amount of economic damages.
3. Impact on Quality of Life:
   • Meningiomas can cause a range of debilitating symptoms, including chronic headaches, seizures, vision and hearing loss, cognitive difficulties, and motor skill impairments. The degree to which the condition affects a plaintiff’s ability to perform daily activities, maintain independence, or engage in hobbies and family life can significantly influence settlement amounts.
4. Duration of Depo-Provera Use:
   • Studies have shown that longer use of Depo-Provera, particularly over five years or more, may increase the risk of developing meningiomas. Plaintiffs who can demonstrate prolonged use of the drug are often able to establish a stronger causal link between Depo-Provera and their condition, which can lead to higher settlements. Again, our requirement is two shots; other law firms have different (most higher, I think) criteria.

Estimated Settlement Ranges for Depo-Provera Meningioma Cases

While it’s difficult to predict exact settlement amounts, general trends from similar pharmaceutical lawsuits can provide a rough estimate:

• Low Settlement Range ($50,000 – $200,000): Cases involving benign meningiomas that require minimal treatment and have not resulted in significant symptoms or life disruptions.
• Mid Settlement Range ($150,000 – $500,000): Cases with atypical meningiomas that necessitate surgery or radiation and have caused moderate symptoms affecting daily life.
• High Settlement Range ($500,000 – $2,000,000+): Severe cases involving malignant meningiomas, complex surgeries, ongoing medical care, permanent disability, or significant loss of income.

Is this settlement range slightly different than the one above?  Yes.  It goes to show you this is an art not a science.  My settlement opinions are evolving as I type.

Current Litigation Status and Potential for Larger Settlements

The litigation surrounding Depo-Provera and meningiomas is still evolving, and no large-scale settlement program has yet been established. However, as more evidence emerges linking the drug to an increased risk of meningiomas, plaintiffs’ attorneys are pushing for higher settlement values. The cases may eventually be consolidated into a mass tort or multidistrict litigation (MDL), which could streamline the settlement process and potentially result in larger, more uniform payouts.

The outlook for plaintiffs largely depends on the strength of the scientific evidence, the willingness of the manufacturer to settle, and the outcome of early trial cases. As such, settlement values could increase as the litigation progresses, particularly if a few high-value cases set a precedent for future awards.

Contact Us About a Depo-Provera Lawsuit

If you think you qualify for a Depo-Provera lawsuit contact our product liability lawyers today at 800-553-8082 or contact us online.