Kansas City Depo Provera lawyer Jeffrey Carey is filing cases for meningiomas developing on women who have taken Depo Provera or one of more of the generic alternatives. There are pilot cases where discovery is proceeding and Pfizer is testing their defenses. They have alleged that they tried to change the label on their product but that the FDA refused the label change. The scheduling order in the case has established a fast track for deciding this threshold issue so that all parties can understand which claims Pfizer and the other manufacturers may be liable for early in the process.
Preemption Discovery (Now through July 25, 2025)
The preemption discovery is discovery specific to the issue of the failure to warn and the nature and extent of communications between Pfizer and the FDA. It is possible that Pfizer did not present adequate data to the FDA and that may bar them from asserting the defense. The key documents and testimony on these issues is being gathered now in the lawsuit.
Briefing Schedule
August 22, 2025 – Pfizer must file its motion for summary judgment on preemption. This motion will formally ask the court to dismiss failure-to-warn claims and is anticipated to center around the nature and extent of Pfizer’s communications with the FDA. The question the Court seems likely to be addressing is whether Pfizer can present bad data to the FDA, get a predictably bad result, then claim immunity.
September 19, 2025 – The women selected to be pilot cases will file their briefs in opposition to Pfizer’s position. To prevent summary judgment, the Plaintiff must show that that there are factual disputes sufficient for a reasonable juror to find in their favor. In this case, the argument seems likely to be that 1) Pfizer presented bad data to the FDA and 2) that question, of the reasonableness of the investigation and communication must be determined by the jury before the legal questions can be decided.
September 26, 2025 – Pfizer get the last word on briefing.
September 29, 2025 – Oral Arguments will occur in Pensacola, Florida.
The cases are not waiting for this issue to be decided. Expert witnesses scheduling has already occurred and the parties are conducing extensive document reviews and deposing multiple individuals and corporate representatives.
Take Action to Protect Your Rights
If you believe you developed intracranial meningiomas (brain tumors) after using Depo Provera or a generic version, you should act quickly. Legal cases have strict time limits called “statutes of limitations,” and waiting too long could prevent you from seeking compensation.
If you used Depo Provera and developed brain tumors:
Gather your pharmacy and medical records.
Consult with a qualified attorney who handles pharmaceutical litigation.