In their Depo-Provera MDL petition, submitted last month, plaintiffs noted each of the complaints raise nearly identical allegations, and it is widely expected that the size and scope of the litigation will increase dramatically in the coming weeks and months. Thus, plaintiffs argue that establishing an MDL will help prevent duplicative discovery into common issues in the lawsuits, avoid contradictory rulings and serve the convenience of all parties, witnesses and the court system.
Such consolidation is common for complex product liability lawsuits in the federal court system, where large numbers of cases are pending before different judges that involve similar injuries or damages caused by the same product.
According to plaintiffs, at least 22 Depo-Provera lawsuits have been filed in eight different district courts, with six of those pending in the Northern District of California, which they propose is the most appropriate venue to centralize all discovery and pretrial proceedings.
In a response (PDF) filed on December 23, Pfizer agreed with the need for a Depo-Provera MDL. However, the manufacturer disagreed with California being the venue of choice, indicating that the lawsuits should be transferred to New York City, where their corporate headquarters are located.
“Pfizer agrees that these cases should be centralized into an MDL; the question is the location of the transferee court. The litigation is almost certain to be complex and hard-fought— Pfizer (the parent company of Pharmacia and Pharmacia & Upjohn) and the other defendants will vigorously defend the medicine’s safety and efficacy,” Pfizer’s response states. “Under these circumstances, the Southern District of New York is the most appropriate forum for centralization.”
If the JPML agrees to consolidate the lawsuits into a Depo-Provera MDL, all current and future claims will be transferred to one judge for coordinated discovery, pre-trial motions and potentially a series of early bellwether test cases. However, if the parties fail to reach Depo-Provera brain tumor settlements or another resolution for the litigation after all pretrial proceedings are concluded, each individual lawsuit may later be remanded back to the U.S. District Court where it was initially filed for an individual trial in the future.