Depo-Provera is a birth control injection that has been linked to an increased risk of brain tumors called meningiomas in users. If you wish to recover financial compensation for the harm you suffered due to the Depo-Provera drug, you will need to prove your case using evidence demonstrating the truth of what you are claiming. The importance of having strong evidence during a Depo-Provera lawsuit cannot be overstated.
What Is the Burden of Proof?
If you file a Depo-Provera lawsuit, you will be classified as the plaintiff or filing party. In the civil justice system (which presides over product liability claims), the burden of proof rests with the plaintiff. This means the injured party is responsible for proving the truth of the claim he or she is making against the defendant or accused party.
The burden of proof in a Depo-Provera lawsuit is “based on a preponderance of the evidence,” which means enough evidence to show that the claim is more likely to be true than not true. This is a lesser burden of proof than what is required in a criminal case (“proof beyond a reasonable doubt”), but it still requires clear evidence.
What Must Be Proven in a Depo-Provera Lawsuit?
To win a Depo-Provera lawsuit against the manufacturer (Pfizer) for failing to protect customers from known potential risks associated with the drug, you or your Minnesota Depo-Provera lawyer must provide evidence of the following elements of proof:
- The drug was defective. There are three types of drug defects: manufacturing, design and marketing (failure to warn) defects.
- The drug caused your injury or harm; your brain tumor or other injury would not exist without having taken the drug.
- Your injury was a foreseeable outcome of the dangerous defect, such as Pfizer’s failure to provide adequate warning.
- You used the drug as the manufacturer intended or reasonably expected and suffered actual damages as a result of taking the drug.
If the rules of strict liability apply to your product liability claim, you generally will not have to prove the failure of Pfizer to act with proper care (negligence). Instead, you simply must show that Depo-Provera caused your harm and contained a defect. A claim based on negligence or a breach of warranty, however, will have different required elements of proof.
Types of Evidence That May Be Available for Your Depo-Provera Lawsuit
It is critical to have strong evidence supporting your Depo-Provera lawsuit. Pfizer is one of the world’s largest drug manufacturing companies. They will not admit liability or pay your claim without putting up a fight. The strength of your evidence can make or break your claim.
Types of evidence that may be involved in a Depo-Provera lawsuit include:
- The patient’s medical records (proving a history of having received at least three Depo-Provera injections)
- Proof of the meningioma diagnosis (or other physical harm)
- Records of ongoing medical treatments and care needed by the patient
- Documentation of other related expenses
- Testimony from a product liability expert
Luckily, you do not have to gather or present evidence supporting your Depo-Provera lawsuit on your own. You have the right to hire a dangerous drug attorney in Minnesota to help you preserve and collect key evidence. An experienced attorney can craft a compelling narrative around the evidence gathered to show a judge or jury the connection between Depo-Provera and your brain tumors. To get started with a free initial case review, contact the law firm of Goldenberg Lauricella, PLLC.