What is the Depo-Provera litigation about?

Recent scientific studies demonstrate that long-term use of Depo-Provera can result in an increased risk of developing meningiomas (a type of brain tumor). The Plaintiffs allege they developed an intracranial meningioma caused by use of Depo-Provera. The cases allege the manufacturers of Depo-Provera knew of the alleged risk of meningiomas and failed to warn of the risk, and failed to promote safer alternatives.

What Court are Depo-Provera cases in?

On February 7, 2025, the Judicial Panel on Multidistrict Litigation issued a Transfer Order and assigned the Honorable M. Casey Rodgers in the Northern District of Florida (Pensacola Division) to preside over the litigation for coordinated pretrial proceedings.

There is now a Multidistrict Litigation (MDL) for women who were diagnosed with meningiomas after using Depo-Provera.

What is an MDL?

An MDL (Multidistrict Litigation) is a legal procedure used in the United States to consolidate and manage complex cases that involve multiple plaintiffs or lawsuits with similar issues. The goal of an MDL is to streamline the litigation process, save time, reduce costs, and avoid conflicting rulings across different courts. It helps prevent duplicative efforts and ensures consistency in decisions.

A single judge is appointed to oversee the case, and the judge handles procedural aspects such as ruling on pretrial motions and discovery issues. Each individual case retains its own identity (and case number) and can still be tried separately.

Hundreds of MDLs have been created for cases involving defective drugs or medical devices, automotive defects, toxic torts, and environmental disasters.  Commonly recognized examples include: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, Ozempic Patent Litigation, 3M Combat Arms Earplug Products Liability Litigation, Takata Airbags Products Liability Litigation, Hair Relaxer Marketing, Sales Practices and Product Liability Litigation, and Chinese-Manufactured Drywall Products Liability Litigation.

Is an MDL the same thing as a class action?

No; although they share some similarities in that they both involve large groups of people seeking legal relief for similar claims, there are major legal differences.  In an MDL, each person (Plaintiff) files their own separate lawsuit that is part of, or a member to, the consolidated MDL.  In order to be part of the litigation and have your claim heard and/or potentially resolved, you have to have filed an individual lawsuit.  In a class action, typically one person or a few people represent the larger group (the class) who have alleged similar harm against the defendant and file one lawsuit on behalf of the group.  Class actions can cover, or include, people who never file lawsuits. Class actions are also governed by a procedural rule, Federal Rule of Civil Procedure 23. The entire class is then notified if there is a favorable settlement or judgment.

How do I know if I qualify to be in the Depo-Provera MDL?

In order to qualify to be a Plaintiff in the Depo-Provera MDL, the Plaintiff (or their representative) must have used Depo-Provera and been diagnosed with a meningioma.

Other types of brain tumors do not currently qualify for inclusion in the MDL.

How will I prove I took Depo-Provera?

The Court has ordered that Plaintiffs are required to provide documentary proof of use of Depo-Provera (e.g., clinical record, physician’s prescription, pharmacy record) and proof of injury (e.g., medical record reflecting a meningioma diagnosis). These documents are part of a “Threshold Proof of Use and Injury Questionnaire” and must be submitted within 120 days of filing a Complaint. See PTO 17.

Pope McGlamry is aware that many women used Depo-Provera over thirty years ago and medical records from the administering providers may not be available. Pope McGlamry will work with each client to determine if there are other potential records demonstrating proof of use (billing, insurance, pharmacy records, etc.) and obtain affidavits if needed.

Is it possible that my case will go to trial?

Yes, it is possible that a case in multidistrict litigation could go to trial, but most cases in MDLs are settled or resolved before they get to trial.

Typically, several months or a year into the litigation a select group of cases are chosen as “bellwether trials," which are prepared for trial and tried to verdict. While the outcomes aren't binding, they offer insight into how future trials may unfold, including potential jury reactions and legal interpretations.  Bellwether trial results can influence the likelihood of a global settlement. As such, significant resources are invested in these trials by all parties.

If a settlement isn't reached, the remaining cases may be “remanded” to their original courts for individual trials. Some cases may also be dismissed if they lack sufficient legal merit. In rare instances, the entire MDL can be dismissed if a judge finds a common legal issue, such as insufficient scientific evidence linking the product to the injury.

At the outset of the Depo Provera litigation, Judge Rodgers selected five initial pilot cases which will proceed as individual cases through the discovery process and trial.  Judge Rodgers intends to use the 5 Pilot cases to identify common issues and defenses early and “provide a vetting opportunity for the litigation that will narrow the issues for the entire MDL.”

Additional pilot cases may be selected as the case progresses.

How long do MDLs take?

On average, an MDL typically takes anywhere from 3 to 5 years, depending on factors like the complexity of the case, the legal issues presented, the number of cases, and the court's schedule.

The process usually involves pretrial motions, discovery, and bellwether trials, which can take time to prepare and resolve. If a settlement is reached, that can shorten the process, but if cases are remanded for individual trials, the timeline may extend further.

With respect to the Depo-Provera MDL, Judge Rodgers is known for being efficient and has experience managing complex and large dockets, including the largest docket in MDL history.  Judge Rodgers has front-loaded critical issues like Pfizer’s preemption defense and general causation to be determined early.

As a Pope McGlamry client, our attorneys will keep you updated on your individual case status as well as what is happening in the MDL.

Do I need to hire an attorney in my area to bring a Depo-Provera case?

No, you do not need to hire an attorney in your area. Our Depo-Provera team, led by Courtney Mohammadi, is equipped to handle cases nationwide. Courtney is barred in Florida and Georgia and is admitted to practice in the Northern District of Florida where the Depo-Provera MDL is pending.   Additionally, Courtney was appointed by the Court to a leadership position and is involved in the day-to-day prosecution of the case. We are committed to providing you with top-tier legal representation, regardless of where you live, and will guide you through every step of the MDL process.

Pope McGlamry has successfully represented thousands of people injured by pharmaceutical drugs and medical devices in lawsuits nationwide. If you used Depo-Provera for at least one year and were later diagnosed with a meningioma, Pope McGlamry is available to help you seek compensation from the manufacturers of Depo-Provera.