Depo-Provera Class Action Lawsuit vs MDL: What is the Difference?
Amid growing evidence that establishes a link between Depo-Provera and meningioma side effects, lawsuits have been filed by women throughout the federal court system over the past year, each raising similar allegations that the drug makers failed to adequately warn about the potential risk of brain tumors associated with the popular birth control shot.
In an important development late last week, the U.S. Judicial Panel on Mulitidistrict Litigation (JPML) issued an order (PDF) establishing a Depo-Provera MDL in the Northern District of Florida. This will centralize and consolidate individual injury claims brought throughout the federal court system before U.S. District Judge M. Casey Rodgers, for coordinated discovery and pretrial proceedings, as well as potential settlement negotiations.
While the MDL process is often confused for a Depo-Provera class action lawsuit, there are important differences to understand.
Why was a Depo-Provera MDL Established?
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DEPO-PROVERA LAWSUIT
Both individual Depo-Provera lawsuits and class action claims have been brought in courts nationwide over the past year, following the publication of studies that found millions of women who used Depo-Provera face a three- to five-fold increased risk of developing meningioma.
Women who develop these brain tumors may experience severe headaches, vision problems, seizures and neurological complications, often requiring surgical removal.
Our lawyers at Saiontz & Kirk, P.A. have been actively investigating individual claims for women throughout the United States over the past year, pursuing financial compensation for those who received at least two shots of Depo-Provera or Depo SubQ Provera, and were diagnosed with any of the following side effects from the birth control shot:
- Meningioma
- Benign Brain Tumors
- Malignant Brain Tumors
These individual product liability claims seek financial compensation and Depo-Provera settlement benefits for the direct consequences caused by these injuries.
However, there are also separate Depo-Provera class action lawsuits being pursued for women who have not been diagnosed with meningioma, which seek future medical monitoring and other economic damages.
Differences Between Depo-Provera Class Action and MDL
The recently established Depo-Provera MDL will include a large number of individual product liability lawsuits brought throughout the federal court system by women diagnosed with meningioma brain tumors. In contrast, a Depo-Provera class action is one legal action, where a class representative will seek damages on behalf of a larger group of women who have not been diagnosed with a specific injury, but now require future medical monitoring.
The U.S. JPML decided to consolidate and centralize the individual injury claims before Judge Rodgers, since a large number of plaintiffs diagnosed with meningioma have raised similar allegations, indicating that Pfizer and other generic manufacturers withheld information from consumers and the medical community about the brain tumor risks.
The court will coordinate discovery into common issues raised in the litigation, and decide various pretrial motions that may impact large numbers of individual cases. While the pretrial proceedings are held in a manner similar to a Depo-Provera class action, each of the cases included in the MDL remain separate lawsuits, where each plaintiff seeks financial compensation for the specific injuries they experienced.
If a Depo-Provera settlement agreement can not be reached following the MDL proceedings, each individual claim may be remanded back to various different U.S. District Courts for a separate trial in the future, where a jury will determine whether the plaintiff can establish that Depo-Provera caused their specific brain tumor, and the amount of damages that specific plaintiff is entitled to receive.
Depo-Provera Class Action Lawsuit
There is currently a Depo-Provera class action lawsuit pending, which is seeking certification to pursue damages on behalf of women who used Depo-Provera, but have not been diagnosed with meningioma.
This lawsuit seeks economic damages and medical monitoring for women, to ensure they have access to receive examinations that may help detect potential tumors, including:
- Regular MRIs or CT scans to detect meningiomas before they cause severe symptoms.
- Access to neurological evaluations to track potential cognitive or physical changes.
- Financial coverage for these medical expenses, preventing women from having to pay for necessary screenings out of pocket.
While both legal actions seek to hold Pfizer and other manufacturers accountable, the Depo-Provera MDL focuses on compensation for diagnosed cases, while the currently filed Depo-Provera class action lawsuit aims to provide medical monitoring for those at risk.
Depo-Provera Class Action Lawsuit vs MDL
PLAINTIFFS:
- MDL: Women diagnosed with meningioma after using Depo-Provera.
- Class Action: Women who used Depo-Provera but have not been diagnosed with meningioma.
LEGAL PROCESS:
- MDL: Individual lawsuits consolidated for pretrial proceedings but remain separate cases.
- Class Action: A single lawsuit representing a group of plaintiffs with similar claims.
OUTCOME:
- MDL: Settlements or verdicts determined on a case-by-case basis.
- Class Action: One resolution applies to all members of the class.
When multiple lawsuits are filed against a common defendant over similar claims, the legal system often consolidates cases to improve efficiency and streamline proceedings. For the Depo-Provera meningioma litigation, individual lawsuits are being filed in the multidistrict litigation (MDL), and class action lawsuits are being pursued separately, seeking compensation for plaintiffs in different ways.
Lawyers Investigating Depo-Provera Meningioma Lawsuits Nationwide
To learn more about the differences between the Depo-Provera MDL and class action lawsuit, and determine whether you or a loved one may be entitled to financial compensation, contact our lawyers today for a free consultation and claim evaluation.
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