Frequently Asked Questions About the Indiana Depo Provera Brain Tumor Lawsuit

1. What is the Depo-Provera Lawsuit About?

The lawsuit alleges that Depo-Provera, a contraceptive injection, increases the risk of developing meningiomas, a type of brain tumor. It claims that the drug’s manufacturers, Pfizer Inc. and Pharmacia & Upjohn Company LLC, failed to adequately warn users and healthcare providers about these risks.

2. Who Can File a Lawsuit Regarding Depo-Provera?

Individuals who have used Depo-Provera and subsequently developed meningiomas or related health issues might be eligible to file a lawsuit. This includes both users of the brand name and generic versions of the drug.

3. What Are the Main Allegations Against Pfizer and Upjohn in This Lawsuit?

The allegations include failure to warn about the risks of meningiomas, negligence in research and testing, breach of warranty, and violations of the Indiana Products Liability Act and Consumer Sales Act.

4. How Long Was Depo-Provera on the Market Before These Issues Came to Light?

Depo-Provera was first approved for contraceptive use in 1992 by the FDA, but concerns about its link to meningiomas have been researched and documented since at least the late 1980s.

5. What Kind of Damages Can Be Claimed in This Lawsuit?

Damages can include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, impairment of future earnings, damages for permanency of injury, loss of consortium, emotional distress, and potentially punitive damages for the defendants’ alleged willful misconduct.

6. What Evidence Supports the Link Between Depo-Provera and Meningioma?

Several studies cited in the lawsuit, including one from 2023 linking chronic use of Depo-Provera with meningioma growth and another from 2024 published in the British Medical Journal, support this association.

7. Were There Any Warnings About Meningioma on Depo-Provera Labels in the U.S.?

According to the lawsuit, no warnings regarding the risk of meningioma development were included on U.S. labels, even though such warnings appeared on labels in the European Union.

8. What Should I Do if I’ve Used Depo-Provera and Now Have Health Issues?

Consult with a healthcare provider for a medical evaluation. If you believe your condition might be related to Depo-Provera use, contact a lawyer to discuss potential legal action.

9. How Can I Prove I Was Injured by Depo-Provera?

Documentation of your use of Depo-Provera, medical records showing the diagnosis of meningioma, and evidence that other causes were excluded can help prove your case. Expert medical testimony supported by an adequate foundation in science is also generally necessary to prove the causal relationship between the injury being claimed and the use of the product.

10. What is the Statute of Limitations for Filing a Claim in Indiana for This Issue?

The statute of limitations for negligence and product liability claims is, with rare exception, two years from the occurrence; however, in cases where the harm was not immediately discoverable, the “discovery rule” has been applied, such as in the case exposure to asbestos. It’s crucial to consult with legal counsel to understand specific time constraints.

11. What if I Didn’t Use the Brand Name Depo-Provera but a Generic Version?

The lawsuit also pertains to generic versions since the NDA holder’s responsibilities include ensuring label accuracy for both brand name and generic forms.

12. Can Family Members File Lawsuits if Their Loved One Was Affected?

Yes, a spouse also has a claim for loss of consortium if they can demonstrate that their relationship was impacted by the health issues caused by Depo-Provera. If the harm leads to death, the surviving spouse, dependent children, and dependent next of kin may pursue claims for loss of love and affection.

13. Have There Been Similar Lawsuits Against Depo-Provera in Other States?

Yes, similar legal actions have been filed in California and Pennsylvania and likely will be filed in other States.

14. What Steps Should I Take if I Would Like to Pursue a Depo Provera Lawsuit?

Contact a law firm to discuss your circumstances and the injury you believe may be related to your use of Depo-Provera. A lawyer can guide you on your legal options, gather necessary documentation, and take the actions necessary to perfect the claim.

15. Will I Be Charged for Contacting a Lawyer or Pursuing a Lawsuit?

Lawyers who handle cases such as the lawsuits involving Depo Provera typically provide a free consultation. If it is determined by the lawyer that the potential client’s claim has merit, the lawyer will typically pursue the case on a contingency, or “no-recovery, no fee” basis. Any such fee agreements will be reduced to writing spelling out the obligations and how any monetary recovery will be distributed.

If you have taken Depo Provera and have been diagnosed with a brain tumor call Barsumian Armiger Injury Lawyers for a free consultation at 844-268-7775.