Depo-Provera MDL Litigation Updates

March 16, 2025

The Court entered Plaintiff and Defense Leadership Appointments at PTO 18. Pope McGlamry’s Courtney Mohammadi was appointed to Plaintiffs’ Leadership team.

March 13, 2025

Second Case Management Conference

Pretrial Orders Entered:

The main focus of the conference was the Parties’ Joint Rule 26 Report. With slight modifications, the Court adopted the Parties’ stipulations including:

Stipulated Order on Procedures for Direct Filing (PTO 10)
Stipulated Order Governing Confidentiality (PTO 11)
Stipulated Order Regarding Service through MDL Centrality (PTO 12)
Governing Production of Documents and Electronically Stored Information (PTO 13)
Supplemental Order Governing Production of Documents and Electronically Stored Information—Defendant Pfizer, Inc. Search & Validation Protocol (PTO 14)
Ordering MDL Centrality Operative (PTO 15)
Deposition Protocol (PTO 16)
Threshold Proof of Use and Injury Requirements (PTO 17)

Plaintiff Proof of Use/Injury Questionnaire:

Notably, under PTO 17, the Court has ordered that all Plaintiffs submit a “Plaintiff Proof of Use/Injury Questionnaire” within 120 days of filing their lawsuit, and that it be made under the penalty of perjury. The Questionnaire requires the beginning month/year for each Depo-Provera product used. Plaintiffs will have to produce medical records of each shot. The Questionnaire also requires that Plaintiffs provide the date of the meningioma diagnosis and the document(s) that confirms each diagnosis.

**[Note, Pope McGlamry will work directly with its clients in filling out this Questionnaire]

The Parties are to submit proposals for the deficiency process related to the Plaintiff Proof of Use/Injury Questionnaire by April 14, 2025.

Court Website:

The Court has established a website that contains Orders and other pertinent information to the case here.

No Short Form Complaints or Science Day:

At the Second CMC the Parties reported that there is no need for a master or short version complaint or a Science Day at this time. The Court agreed.

Authorized Generics Defendants: Greenstone, Viatris, and Prasco:

As discussed above regarding the Rule 26 Report, Defendants Greenstone, Viatris, and Prasco claim they did not have significant involvement with Depo-Provera. The Court ordered these Defendants to confer with Plaintiffs’ Interim Lead counsel and decide whether to provide affidavits addressing their non-involvement within 14 days.

Number of Cases in the MDL:

As of March 13, 2025, 110 member cases have been docketed.

Scheduling Order in Pilot Cases:

The Court entered a Scheduling Order for the initial Pilot cases that sets forth several dates including:

May 11, 2025: Defendants are to complete document production on preemption and general causation
July 25, 2025: Close of preemption discovery
August 24, 2025: Opposition to preemption MSJs to be filed
September 23, 2025: Close of general causation fact discovery
February 10, 2026: Rule 702 motions regarding general causation experts to be filed

Leadership Interviews:

Following the Second Case Management Conference, the Court held about 70 interviews of Plaintiffs attorneys who applied for a leadership position.

March 11, 2025

The Court appointed Randall Sansom, CPA as Common Benefit Special Master to assist the Court in ensuring the fair and efficient management of the Common Benefit Fund for the litigation. See PTO 9. The Court also entered a Common Benefit Order establishing common benefit preliminary procedures and guidelines for any attorneys applying for common benefit fees and/or expenses. See CBO-1.

March 9, 2025

After receiving Plaintiffs’ Leadership applications, the Court invited the 75 attorneys who submitted an application to make an oral presentation to the Court in Pensacola on March 13-14, 2025. See PTO 8.

March 7, 2025

Pursuant to Federal Rule of Civil Procedure 26(f) and CMO-1, the Parties submitted a comprehensive Rule 26(f) report with proposed orders and a proposed discovery plan. The Rule 26 Report also notes that at the March 3, 2025 conference, defendants Greenstone and Viatris took the position that they are not in possession of any responsive or relevant information related to the products at issue because, in part, they never manufactured or held a New Drug Application (NDA) for Depo-Provera. Instead, they aver all the relevant information is in the sole possession of Pfizer. See DE 142 at pp. 8-10. Similarly, defendant Prasco, an authorized generic product licensor of Pfizer, did not manufacture DMPA and does not have a repository of relevant scientific of safety information (among other topics) regarding Depo-Provera. Id. at 10-11.

March 1, 2025

The Court appointed BrownGreer PLC to serve as the Data Administrator. See PTO 6.

The Court appointed the Honorable David Herndon (Retired) as Special Master to assist the Court in managing the MDL, including the five Pilot cases. See PTO 7.

February 21, 2025

Initial Case Management Conference

5 Pilot Cases

Judge Rodgers held the Initial Case Management Conference on February 21, 2025, and announced a novel approach to MDLs through her early selection of five “Pilot cases” which will proceed as individual cases through the discovery process and trial. Judge Rodgers intends to use the 5 Pilot cases to identify common issues and defenses early and “provide a vetting opportunity for the litigation that will narrow the issues for the entire MDL.” See CMO-1.
As of this date, there will be no Plaintiff Fact Sheets.

Rule 26 Meeting

The Parties were ordered to hold an in-person Rule 26 meeting on March 3, 2025 and discuss (1) direct filing; (2) service of process; (3) pleadings, proposed deadlines, protective protocols; (4) threshold proof of use and injury forms; (5) computer systems; (6) defendants’ custodians; (7) ESI Protocol; (8) phased privilege review; (9) deposition protocol; (10) appointment of a Special Master; (11) whether there should be a Science Day; and (12) medical monitoring class actions. See CMO-1.

Discovery Conferences

Once discovery is underway on preemption and general causation in the 5 Pilot Cases, the Court will establish a schedule of telephone conferences to occur every two weeks.

Class Actions Stayed The class certification motion deadline has been stayed for the medical monitoring class action cases. See CMO-1 at pg. 10.

February 7, 2025

JPML Transfer Order

On February 7, 2025, the United States Judicial Panel on Multidistrict Litigation issued a Transfer Order assigning the Depo-Provera litigation to the Northern District of Florida (Pensacola Division), in front of Judge M. Casey Rodgers.

Have You Been Affected by Depo-Provera?

If you developed a brain or spinal tumor (meningioma) after using Depo-Provera or depo-subQ provera 104 for at least one year, Pope McGlamry can help. We are actively investigating Depo-Provera cases and want to help you receive the compensation you deserve. Please call the attorneys at our Atlanta office or submit our form to receive your free case evaluation.