With a Potential Trial on the Horizon, 2026 To Be a Major Year for Depo-Provera Lawsuits
The last year has seen dramatic growth in Depo-Provera lawsuits. This litigation, centering on claims that the popular birth control shot is tied to intracranial tumors, ballooned from a handful of cases into one of the fastest-growing litigations in the country.
As 2026 gets underway, there are more than 1,700 active lawsuits in federal court from women who say they developed meningiomas, tumors that form in the lining of the brain, after taking Depo-Provera. These tumors are usually benign, but can cause serious health issues and may require surgery to remove.
With more lawsuits being filed every week and several key decision points approaching, 2026 is set to be a critical year for these cases.
Preemption Decision Looms in Wake of Depo-Provera Label Change
Pfizer has filed a motion for summary judgment based on preemption, asking the judge to rule in its favor and dismiss the central claims in these lawsuits before they go to trial.
The company argues it can’t be blamed for failing to warn users of a potential tumor risk because the FDA rejected a Depo-Provera label update that would have included a meningioma warning.
The company says it submitted the new label in the wake of evidence linking Depo use to a heightened meningioma risk, but it was denied after a nine-month review by the agency.
Lawyers representing women who filed lawsuits have consistently pushed back on that claim, arguing that Pfizer’s proposed label update was far too broad — applying to a whole class of drugs — to be approved. They also pointed out that the FDA had offered Pfizer the chance to resubmit a more appropriate label.
Pfizer’s argument suffered a significant blow at the end of 2025 when its revised label change was approved by the FDA. Depo-Provera’s label now officially warns users of a meningioma risk.
The judge overseeing these cases had previously signaled that she would like to hear more from both sides on preemption pending the approval of the second label update before ruling on the issue.
First Depo-Provera Lawsuit Could Go to Trial in 2026
If the Depo-Provera lawsuits survive Pfizer’s preemption arguments, a case could go before a jury in just a matter of months.
The first Depo bellwether trial is scheduled for Dec. 7. Given that the first lawsuits were only filed in 2024, this would represent a surprisingly fast litigation timeline compared to others. Some dangerous product lawsuits can take many years to advance to the trial stage.
While only one trial has received a date so far, its outcome could be critical for hundreds of other Depo-Provera lawsuits.
Bellwether trials act as test cases that represent the wider litigation. Their outcomes help inform both sides of the strength of their arguments and what could happen if they take more cases to trial.
If Pfizer were to lose the bellwether trial, it could be motivated to negotiate a settlement for the other pending cases rather than risk taking more before a jury.
But first, the issue of preemption must be resolved. A decision from the judge is expected in the near future.
