Depo-Provera is an injectable method of contraception manufactured by Pfizer. Its active ingredient is called medroxyprogesterone acetate, which contains the hormone progestin. The medication is popular because it eliminates the need for daily birth control pills and it doesn’t result in estrogen exposure, which some women want to avoid.
Unfortunately, recent studies suggest that this contraceptive could be linked to a significantly increased risk of developing a brain tumor called a meningioma. This is a serious medical issue, and those who are affected are filing lawsuits to hold Pfizer accountable for the harm that Depo-Provera may cause.
Here’s what you need to know if you or someone you love used Depo-Provera and has experienced unexpected complications as a result.
Depo-Provera and Brain Tumor Risks
Research recently published in the BMJ highlights the potential dangers of Depo-Provera. The research was conducted in France, using data from the country’s national healthcare system. Researchers identified 18,061 women with a median age of 58 who required surgery for a brain tumor called a meningioma.
The researchers compared these 18,061 women with a control group and they realized there was a potential causal link between the use of contraceptives with progestin and the development of meningioma. Specifically, those women who had used medroxyprogesterone acetate for more than 12 months had a 5.6-fold higher risk of developing a meningioma.
The researchers also identified a similar level of increased risk for certain other contraceptives, including medrogestone and promegestone. However, the added risk with these medications wasn’t as great as the increased danger that Depo-Provera presents.
Further, the study revealed that no such dangers existed for other hormonal contraceptive methods, such as drugs containing progesterone or dydrogesterone.
Meningioma Brain Tumors and the Risks of Depo-Provera
Meningiomas are a common type of brain tumor, accounting for approximately 40% of primary tumors that develop in the central nervous system. They are considered intracranial tumors. Generally, these types of tumors form either in the layers of tissue around the brain or in the layers of tissue covering the spinal cord.
Some of the most common symptoms of meningiomas include:
- Seizures
- Numbness
- Headaches
- Blurred vision
The good news is that meningiomas are typically slow-growing tumors and are often benign. Benign means that the tumors aren’t cancerous. However, just because a brain tumor is benign doesn’t mean that it isn’t harmful to your health.
Having any type of brain tumor can have serious consequences. Meningiomas can become very dangerous if they grow and increase the pressure within your skull, which can begin to impact brain function. These tumors often must be surgically removed, and surgery to the brain carries very significant risks, including the potential to damage surrounding areas.
If you must undergo brain surgery because a tumor has developed, you will likely have to pay medical bills as a result of your treatment. You may need to miss work for your surgery and recovery period. In some cases, your ability to work may be more limited because the tumor could affect whether you are able to perform the tasks associated with your job.
You could also experience pain, discomfort, and emotional distress as a result of the tumor or the surgery that’s necessary to treat it.
You should be compensated for all of the harm you endure due to the drug defect that caused the tumor to develop. Filing a Depo-Provera brain tumor lawsuit can help you to get the money you deserve.
Filing a Depo-Provera Brain Tumor Lawsuit
Pfizer has been sued before by patients impacted by problems with the contraceptive medication. In fact, a class action in Canada recently settled for $2,176,250.00. This case involved issues related to loss of bone mineral density linked to the contraceptive medication.
In past cases, there were many people who suffered similar kinds of harm as a result of undisclosed dangers associated with the drug. Many victims came together to pursue a claim, rather than maintaining individual lawsuits.
It is very common for plaintiffs to join together in litigation when a drug turns out to be dangerous, as thousands or even millions of people could all be damaged by the failure of a drug company to fulfill its obligations to provide safe medications and a warning about drug side effects.
If you or someone you love has developed a brain tumor that you believe is linked to Depo-Provera use, you actually may have a number of options for how to pursue a claim for damages. That’s because of special legal processes in place to expedite and streamline the process of pursuing justice when a similar type of harm impacts many victims.
Here are some of your choices:
- You could file an individual lawsuit. This would mean you are responsible for making your case, bringing in expert witnesses if necessary, and negotiating a settlement on your own behalf with the drug company or proving your case in court. If you decide to pursue an independent claim, you should make sure to have a skilled attorney representing you so your lawyer can help you gather evidence and navigate the legal proceedings effectively.
- You could become a part of multi-district litigation (MDL). Multi-district litigation means many individual cases are consolidated before one judge so that the court can decide on common issues of fact. Each case will remain separate, but a single court presides over the pre-trial process to simplify decisions on many issues. These cases often involve a test case, or bellwether trial, which provides insight into how claims will be resolved. In many cases, this results in settlement negotiations and a global settlement.
- You could become part of a class action. This occurs when one case is brought by a class of people who experienced similar damages. If the drug companies accept responsibility, all of the claims are resolved in a settlement negotiation. Usually, only a small number of plaintiffs are actively in the legal proceedings while the other members of the class action lawsuit just sign up to participate.
Both multi-district litigation and class actions often allow you to get compensation without going to court on your own behalf or proving your claim. Unless you are one of the lead plaintiffs or your case is chosen as a bellwether case in an MDL (a test case to see the likely outcome of court proceedings), you are going to have essentially no obligations or responsibilities — but also no say over the outcome of settlement negotiations or a court proceeding.
When your MDL or class action settles, you’ll get a portion of the total amount of compensation the drug company agrees to pay. However, you’ll have to agree to give up any additional claims arising out of the same incident.
The compensation you receive will normally be based on factors such as the severity of your injuries. For example, those who developed more serious complications as a result of Depo-Provera would usually be awarded more money from a settlement based on a formula agreed to during the initial negotiations.
Ultimately, though, you will need to decide which of these options is the best way for you to maximize your compensation. Be sure to talk with a mass tort lawyer experienced in class actions and multi-district litigation before you commit to a specific legal approach to resolve your claim.
Proving Pfizer should be held accountable for Depo-Provera Brain Tumors
If you wish to pursue a claim against Pfizer, you should be aware that product liability rules will apply. These rules are different from the rules in most personal injury claims. Specifically, you do not need to prove negligence in a product liability claim when strict liability rules apply.
As an Illinois court guide explains, “To recover in strict product liability, a plaintiff must plead and prove that the injury or damage resulted from a condition of the product manufactured or sold by the defendant, that the condition was an unreasonably dangerous one, and that the condition existed at the time the product left the manufacturer’s control.”
While this definition is from an Illinois court, similar rules apply in jurisdictions throughout the United States. These strict liability rules mean that if you can prove there was a defect in the product before it came to you and that you suffered harm as a direct result, the company that made it can be liable for your losses — even if they did not specifically do anything careless or negligent.
You can also pursue a claim on other legal grounds as well, including failure to warn, if you can show Pfizer knew, or should have known, about the risk and did not provide a warning. Pfizer indicated in a statement that indicated that “we are aware of this potential risk associated with long-term use of progestogens and, in collaboration with regulatory agencies, are in the process of updating product labels and patient information leaflets with appropriate wording.”
Still, while this means future patients may have a proper warning about Depo-Provera risks, those who took this medication in the past didn’t have the benefit of knowing that their medication could result in a brain tumor developing.
Deciding on the best way to pursue your case, and on the best legal arguments to make, can be very complicated. This is why you should reach out to a product liability lawyer ASAP.
Your attorney can work with you to determine the best means of pursuing your case. Your lawyer can also negotiate a settlement on your behalf, assist you in going to court and making your case, and help you explore the best way to hold Pfizer liable for your losses.