Judge Says Depo-Provera Injury Isn't Compensable, Upholds Judgment

NEW ORLEANS - A Depo-Provera plaintiff who blamed her attorney for failing to submit a timely motion to reconsider summary judgment would not have prevailed even if the neglect had been excusable, a federal judge has ruled. Oliver v. Pharmacia & Upjohn Co., No. 06-5737 (E.D. La.).

Judge Ivan L.R. Lemelle of the U.S. District Court for the Eastern District of Louisiana held Oct. 22 that notwithstanding the late filing, Adrianne Oliver failed to show that warnings on the Depo-Provera label were inadequate or that they were the cause of her osteopenia.

Judge Lemelle determined that the learned intermediary doctrine …