The Southern District of New York handles some of the largest pharmaceutical multidistrict litigation in the country. I've been in these depositions for three decades — deposing pharmacologists, clinical trial directors, FDA liaisons, and drug company executives. Here's what the court reporter actually experiences inside one of these cases, and why it matters which reporter you use.
What Makes SDNY Pharmaceutical Depositions Different
The SDNY pharmaceutical MDL docket is dense with technical testimony that crosses clinical pharmacology, FDA regulatory process, biostatistics, and corporate safety reporting. A single deposition can run 6–8 hours and cover all four of these domains in sequence.
The volume of technical language isn't the challenge — it's the density. A biostatistician testifying about a Phase III clinical trial will use terms like "hazard ratio," "confidence interval," "Kaplan-Meier curve," and "NDA submission package" in the same sentence. A general reporter transcribing by ear will lose one of these every few minutes. Over a seven-hour deposition, the cumulative error rate in an uncertified transcript can be staggering.
FDA Regulatory Language
NDA, ANDA, 505(b)(2), adverse event reporting, REMS — a closed vocabulary that must be written exactly as spoken.
Biostatistical Terminology
Phase I/II/III trials, p-values, odds ratios, confidence intervals, intent-to-treat analysis — context-dependent precision.
Drug-Specific Nomenclature
Brand names, generic names, INN (International Nonproprietary Names), CAS numbers, and formulation identifiers all on the record.
The MDL Protocol: How Multi-Party Depositions Work
In a SDNY pharmaceutical MDL, depositions are often taken on behalf of thousands of plaintiffs simultaneously. A single deposition of a drug company's chief medical officer might be designated as a "core" deposition used in all coordinated cases. Every word in that transcript is potentially in evidence in hundreds of cases.
The court reporter's role in this context carries unusual weight. Transcript errors that slip through in a standard single-plaintiff deposition become systemic errors used in mass litigation. MDL counsel — both plaintiff and defense — read transcripts with uncommon scrutiny. Errata pages on a core deposition create credibility issues for both the court reporter and the retaining counsel.
MDL Deposition Logistics: What to Expect
- Multiple counsel from different plaintiff firms may appear for the same deposition
- Deposition may be videotaped for use in bellwether trials
- Realtime feed is standard — all counsel may request access for the same session
- Expedited transcript delivery is common — some firms require same-day or 24-hour
- Extended deposition time — 7+ hour sessions are routine for senior drug company witnesses
- Exhibit volume can be enormous — pre-numbered exhibit sets may run 300+ items
Drug Name Errors: The Most Common Single Category of Error
In pharmaceutical litigation, the drug at issue is the centerpiece of the entire case. Its generic name, brand name, and dosage form must be on the record accurately — every time. Here's what actually happens with general reporters:
Witness says "celecoxib (Celebrex)" — reporter writes "celocoxib" or "celebrex" without the generic
Creates ambiguity on the record about whether testimony refers to the active compound or the branded formulation.
Witness says "ibuprofen 600 mg t.i.d." — "t.i.d." is dropped or written as "3 times daily" without the abbreviation
The abbreviation is the standard clinical record form. Expanding it changes what the witness was technically using as nomenclature.
Witness says "rofecoxib" (Vioxx) — reporter writes "rofacoxib," "rofekoxib"
In a Vioxx-era MDL context, misspelling the drug name creates transcript ambiguity that is corrected by errata — generating record problems for all parties.
What to Ask Your Court Reporter Before a Pharmaceutical Deposition
Before you confirm a court reporter for your pharmaceutical MDL deposition, ask these specific questions:
Ask: "Have you reported pharmaceutical depositions before — specifically with FDA regulatory witnesses?"
Why it matters: The only acceptable answer is specific yes, with case types named. "I've done medical depositions" is not the same as FDA regulatory testimony.
Ask: "What is your preparation process for a case you haven't seen before?"
Why it matters: A qualified reporter will describe specific preparation: reading the NDA drug dossier, studying the INN, reviewing the expert's publications. A generalist will say "I'll look it up after."
Ask: "Can you provide realtime to multiple counsel simultaneously?"
Why it matters: MDL depositions require realtime feeds to multiple attorneys in different cities. Not all reporters have the setup for secure multi-feed realtime.
Ask: "What is your expedited transcript turnaround?"
Why it matters: Some MDL schedules require 24-hour transcript delivery for certification. Confirm this before the session, not after a 7-hour day.
Pharmaceutical Litigation Court Reporting — NYC
30+ years of SDNY and NY Supreme Court pharmaceutical litigation. FDA regulatory testimony, MDL multi-party depositions, realtime and expedited delivery.
View Pharmaceutical Litigation ServicesCindy Afanador, RMR CRR RPR CSR
Registered Merit Reporter · 30+ Years SDNY Pharmaceutical Litigation
Cindy has reported pharmaceutical depositions in the Southern District of New York for 30+ years, covering FDA regulatory testimony, clinical trial expert witnesses, and multi-party MDL depositions for major pharmaceutical litigation.