Maryland Lawyer Blog
On this page we will look at the newly developing Depo Provera brain tumor lawsuits. Depo Provera is a female contraceptive injection that is commonly known as the birth control shot. Millions of women in the U.S. have used Depo Provera at some point in their life. New evidence has shown that Depo Provera can cause a specific type of brain tumors called meningiomas.
This has sparked a growing wave of Depo Provera brain tumor lawsuits. Based on the size of the potential plaintiff field and the strength of the causation evidence, this is expected to be a major new mass tort. We will look at the allegations in the Depo Provera brain tumor lawsuits and what the potential settlement value of these cases might be.
News and Updates on Depo Provera Litigation
December 1, 2024: A motion has been filed to coordinate over 20 lawsuits related to the contraceptive Depo-Provera in the U.S. District Court for the Northern District of California. The motion requests consolidation of the cases under one judge in California. 18 of the 22 pending cases have been filed in California.
About Depo Provera – The “Birth Control Shot”
Depo-Provera is a prescription contraceptive injection containing medroxyprogesterone acetate, a synthetic form of the hormone progestin. It’s commonly used for birth control, but it also has other medical applications.
Depo-Provera is administered as an injection, usually in the buttock or upper arm, once every 3 months (13 weeks). It is highly effective, with a failure rate of less than 1% when used correctly, making it one of the most reliable forms of contraception available. The injection suppresses ovulation, thickens cervical mucus to prevent sperm from reaching the egg, and thins the uterine lining, reducing the likelihood of implantation.
Depo Provera was initially developed in the early 1970s by Upjohn (a pharmaceutical company that is now part of Pfizer). In the late 1970s, the FDA refused to approve Depo-Provera for birth control use in the U.S. due to concerns about links to cancer (particularly breast cancer) that were found in animal studies. There were also concerns about its potential side effects, including bone density loss, which led to hesitation regarding its safety for long-term use.
In 1983, the FDA approved Depo Provera for the treatment of endometriosis. However, it was still not approved as a contraceptive due to safety concerns. In the 1980s, the World Health Organization (WHO) conducted studies showing that Depo-Provera was both safe and effective for use as a contraceptive. These findings helped support the argument for its use in family planning.
After years of additional research and pressure from healthcare providers advocating for more contraceptive options, the FDA approved Depo-Provera as a contraceptive in October 1992.
New Evidence Links Depo Provera to Brain Tumors
In March 2024, a significant new study was published in the British Medical Journal which revealed conclusive scientific evidence showing that Depo Provera can cause brain tumors called meningiomas.
The study examined the link between the use of specific hormone medications, known as progestogens, and the risk of developing meningiomas, a type of brain tumor. Researchers analyzed data from the French National Health Data System, focusing on women who had undergone surgery for meningiomas in France.
The study was extensive, involving over 100,000 women, including 18,000 who had surgery for meningiomas, making it one of the largest studies of its kind.
The study found that women who reported long term use of Depo Provera had a significantly higher risk of developing meningioma brain tumors. More specifically, the study reported that women who used Depo Provera were nearly 6 times more likely to be diagnosed with meningiomas compared to women who did not use Depo Provera, or who used other types of hormonal birth control (e.g., the pill).
The 2024 BMJ study was a major breakthrough, but it was actually not the first scientific study to indicate a link between Depo Provera and brain tumors. A study published in the early 1980s found evidence of potential link between meningiomas and the synthetic hormone used in Depo Provera. Then in 1991, another study in the Journal of Neurosurgery reported a causal connection between meningiomas and Depo Provera.
About Meningiomas
A meningioma is a type of brain tumor that forms in the protective membranes (meninges) surrounding the brain and spinal cord. These tumors are the most common type of brain tumor, accounting for about 40% of all cases.
Most meningiomas are non-cancerous (benign) and generally grow slowly, sometimes existing for years without causing symptoms. However, a small percentage can be cancerous (malignant). They are typically first detected through MRI scans and are often discovered incidentally in patients without symptoms. In such cases, doctors may opt for watchful waiting rather than immediate intervention.
When treatment is required, especially for symptomatic or large meningiomas, the primary approach is surgery, often with the goal of removing the entire tumor and some surrounding tissue to reduce the risk of recurrence. Advances in imaging and surgical techniques have significantly improved the safety and effectiveness of these procedures.
Meningiomas are classified into three grades based on their growth patterns, cellular characteristics, and risk of recurrence:
- Grade I (Benign): The most common type, making up 80% of cases. These tumors grow very slowly and are generally considered non-cancerous.
- Grade II (Atypical): Account for about 15% of cases but are more challenging to treat due to their faster growth. These tumors exhibit atypical cellular changes, increasing the risk of recurrence.
- Grade III (Malignant): These aggressive, cancerous tumors make up less than 2% of meningioma cases. They grow rapidly and often require a combination of surgery, radiation, and chemotherapy.
Surgical removal is the preferred treatment, especially for spinal meningiomas, which often have good outcomes with a low recurrence risk.
For intracranial meningiomas, surgery may involve a craniotomy, where a portion of the skull is removed to access the tumor. This procedure is highly invasive and may be risky due to the tumor’s sensitive location, particularly if the tumor involves critical veins or is surrounded by moderate to severe peritumoral edema.
Meningiomas linked to the use of progesterone-based contraceptives, such as Depo-Provera, are often located at the skull base, making them harder to access and increasing the risk of complications.
With the severity of these cases and the challenges of treating meningiomas, particularly those associated with hormone-based contraceptives, all three grades of meningioma tumors present strong grounds for personal injury claims. We anticipate significant compensation in these cases, given the complexity of treatment, the risk of recurrence, and the potential for long-term neurological complications.
Depo Provera Lawsuits
Depo Provera is manufactured and sold by Pfizer, one of the world’s biggest pharmaceutical companies.
Pharmaceutical companies like Pfizer have a legal duty to ensure their products are reasonably safe for consumers and to provide clear, accurate warnings about any potential risks associated with their use. This responsibility falls under “strict liability” for failure to warn, meaning that even if a drug is not inherently defective, the manufacturer can still be held liable if they fail to adequately disclose foreseeable serious side effects or risks.
If a drug manufacturer does not fulfill this obligation, they can be held accountable for any harm their product causes. Both patients and healthcare providers depend on the safety information provided by manufacturers when deciding on medication use. A crucial aspect of any drug’s safety profile is its warning label, which must include all known or reasonably knowable risks. This allows doctors to make informed recommendations so that patients can weigh the benefits and risks before making a decision.
Regarding Depo-Provera, the association between the medication and meningiomas was not initially included as a potential risk on its warning label, at least in the U.S. market. Lawsuits related to the Depo shot are expected to argue that Pfizer either knew or should have known about these risks. By not updating its warning label to reflect this potential danger, Pfizer could face liability for a failure to warn.
Potential Settlement Value of Depo Provera Brain Tumor Lawsuits
Although it’s very early to say with accuracy, we can make predictions about the settlement value of these cases based on various assumptions. Our lawyers think that the Depo Provera brain tumors lawsuits could have a settlement value of $50,000 to $750,000 or more. The severity of the plaintiff’s individual injuries will be the main factor determining how much the case is worth.
While specific settlements will vary based on individual circumstances, here are estimated ranges based on similar types of litigation:
- Lower Range ($50,000 – $200,000): Cases involving less severe, non-cancerous meningiomas that were successfully treated with minimal long-term impact.
- Mid Range ($200,000 – $750,000): Cases where patients suffered significant complications, underwent multiple surgeries, or experienced lasting neurological symptoms affecting their quality of life.
- High Range ($1 million and above): Cases involving malignant or atypical meningiomas (Grade II or III), where the tumor led to severe, permanent damage or even death. These cases may include evidence of Pfizer’s failure to warn despite knowing about the risks, potentially resulting in punitive damages.