The Depo-Provera MDL has reached a major settlement, but the litigation is far from over.
More than 6,200 cases have been filed alleging that Pfizer failed to warn women about the risk of meningioma associated with Depo-Provera. A settlement announced in June is expected to resolve thousands of those claims, with Judge M. Casey Rodgers setting a November 30 deadline for attorneys to register for participation.
But Pfizer estimates roughly 20% of the current MDL may not be eligible for the settlement.
That leaves a significant number of cases moving forward, with two issues emerging as potential dividing lines: statute of limitations and latency.
Pfizer has argued that more than 1,000 cases filed after March 27 may be time-barred. The company is also challenging cases based on the length of time between a plaintiff’s last Depo-Provera use and her meningioma diagnosis.
Three pilot cases will now test threshold issues affecting those remaining claims, while the settlement itself moves into what Judge Rodgers acknowledged will be a significant, long-term implementation process.
For firms involved in Depo-Provera, the next phase will require more than simply identifying whether a claimant has used the drug and developed a qualifying injury.
Dates, treatment history, diagnosis timing, latency and documentation could determine which cases participate in the settlement, and which continue through litigation.
The settlement may resolve thousands of claims. It does not close the book on this MDL.
