About the new and improved Hot Tort Report
Being industry experts, we pride ourselves on keeping our finger on the pulse of all things Multi District Litigation. This predominantly consists of providing our subscribers with competitive insights into where the money is being spent in hopes of informing your blueprint for advertising strategies. These cases can be highly lucrative, but are difficult to acquire, requiring significant investment and patience to secure high-value cases.
We’ve been working hard on an algorithm to deliver more than just monthly TV spends and are proud to announce that we are ready to unveil our HTR 2.0.
This new list offers an overview of dollars spent across TV, Meta, PPC, and more, assigning a score to each tort based on what we, as leaders in the law firm advertising space, are witnessing across these various platforms.
The Hot Tort Report:
September 2026
The Hottest in Mass Tort Spending: August 2026
Diabetes Meds for Weight Loss
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Published: September, 2026. Advertising spend from multiple sources for a recent 30-day period.
If you have any questions, please contact us at national@whitehardt.com
#1 Diabetes Meds for Weight Loss
Diabetes Meds for Weight Loss became August’s hottest tort after PPC moved from no activity to a full 2.0 score. TV and Meta remained steady, making search the clear source of this month’s added heat. At the same time, the WHii score declined, showing that its rise to number one was driven more by advertiser decisions than a sudden spike in outside attention.
The litigation is heating up along two tracks. The gastrointestinal-injury MDL had 3,928 pending actions as of August 3. Summary-judgment briefing on two cross-cutting issues was scheduled to conclude August 7, with Rule 702 hearings set for September 10–18. The newer NAION litigation remains in early discovery.
With no global settlement announced, this tort continues to offer a large developing market in which drug history, alleged injury, timing, and medical documentation will likely determine which claims can withstand closer review.
CPA: $91 – $1,056
CPL: $68 – $792
Common Criteria: Took a prescription diabetes drug for weight loss (e.g. Ozempic®, Mounjaro®), discontinued use of the drug, and experienced one or more gastrointestinal disorders at least 30 days after your first dose.
#2 Hernia Mesh
Hernia Mesh continued its rapid climb, having gained 12 positions in a four-month span. Its score decreased slightly, however, as a small TV gain was outweighed by reduced Meta participation.
The larger development came in the first federal Covidien bellwether trial. A jury awarded Larry and Tammy Patterson $88 million over injuries allegedly associated with Covidien’s Symbotex mesh. Larry Patterson received $77 million, while his wife received $11 million for loss of consortium. The jury did not award punitive damages.
More than 2,400 Covidien claims remain, and Medtronic has indicated that it intends to challenge the verdict. Even with that challenge ahead, the result gives plaintiffs and advertisers their first major federal trial signal from the Covidien litigation.
Common Criteria: Hernia mesh surgery from 2000—present; suffered from one of the following: Perforation, Bowel Obstruction, Mesh Erosion, Mesh Contraction, Torn Mesh, Sepsis/Infection, Granuloma, Adhesion, Dehiscence that resulted in a removal/repair, scheduled or future.
For metrics such as CPA and CPL, please contact us.
#3 Birth Control Injections
Birth Control Injections remained near the top despite the second-largest score decline in August’s top ten. PPC participation disappeared, Whitehardt insights weakened, and TV slipped slightly, while Meta remained unchanged.
The Depo-Provera litigation has now entered a new phase. Under a settlement agreement dated July 22, a program was established that is expected to cover a substantial percentage of pending plaintiffs. BrownGreer was appointed administrator on August 5, and eligible claimants have until November 30, 2026, to register.
The MDL contained 6,289 pending cases as of August 10. Most proceedings are stayed while the program is implemented, but litigation will continue for plaintiffs who don’t settle, don’t qualify, or bring future claims. No total settlement amount has been disclosed, and the defendants have not admitted liability.
The next few months should reveal how much of the existing inventory enters the program and what the continuing market looks like outside it.
CPA: $5,169
CPL: $3,050
For common criteria, please contact us.
#4 Social Media Addiction
Social Media Addiction held its ranking even though PPC participation disappeared and reduced its score by two points. Its other measured channels remained unchanged.
Three days after this month’s reporting cutoff, Meta reached an agreement with 51 state attorneys general worth up to approximately $17 billion over ten years. The agreement includes youth time limits, nighttime restrictions, stronger age-assurance measures, parental tools, and independent oversight.
That agreement resolves the states’ case against Meta, not the personal-injury MDL. It also doesn’t resolve claims against TikTok, Snapchat, YouTube, or other platforms.
Because the announcement came after August’s data was collected, its marketing effect is not yet visible. September should provide the first indication of whether the settlement renews PPC interest or influences investment across additional channels.
For metrics such as CPA, CPL, and common criteria, please contact us.
#5 Roblox Child Abuse
Roblox climbed four positions despite a modest score decline. Though PPC participation fell, the WHii score increased following a new bipartisan Senate investigation into child safety on the platform.
Senators Josh Hawley and Dick Durbin opened the investigation on August 12 and requested extensive information about Roblox’s age-verification systems, parental controls, moderation practices, account bans, abuse reports, developer-created chat features, and trust-and-safety spending.
The senators cited 65,381 reports of suspected child sexual exploitation submitted by Roblox to the National Center for Missing and Exploited Children in 2025—more than twice the company’s 2024 total. The figure reflects reports submitted for review and may not correspond one-to-one with individual children or incidents. Even with that distinction, the volume and sharp increase raise serious concerns about the safety of young users.
The investigation brings greater national scrutiny to Roblox’s safeguards and its response when exploitation is reported. While that attention may also shape litigation and advertising activity, the central concern is whether children are adequately protected and what changes are needed to prevent further harm.
For metrics such as CPA, CPL, and common criteria, please contact us.
#6 Medical Scope
Medical Scope moved from number seven to number six even as its overall score fell 1.5 points. TV and PPC both declined, while Meta participation and Whitehardt insights held steady. With no measured channel gaining activity, the higher ranking reflects steeper declines elsewhere rather than broader growth within the tort.
Medical Scope is still a relatively new campaign, and firms appear to be testing the market as they get a better feel for potential inventory and advertising performance. That early stage may produce uneven movement as advertisers determine where, and how heavily, they want to compete.
For metrics such as CPA, CPL, and common criteria, please contact us.
#7 Birth Injury
Birth Injury made August’s largest jump into the top ten, climbing six positions. PPC reached four or more advertisers, joining an already crowded Meta market with ten or more participants. TV activity remained minimal, while the Whitehardt insight score declined.
Unlike the coordinated mass-tort categories on the list, Birth Injury didn’t have a single nationwide proceeding driving its rise. Its heat came primarily from advertiser participation. This tort re-enters the top ten as a marketing-growth story. Its next test will be whether PPC participation holds and expands beyond this month’s initial increase.
For metrics such as CPA, CPL, and common criteria, please contact us.
#8 Talcum Powder
Talcum Powder experienced the report’s sharpest cooldown. Tracked TV spending fell to zero, while Meta participation decreased from ten or more advertisers to six. PPC and WHii held steady, preventing an even larger decline.
The shift came as Johnson & Johnson proposed a $5.5 billion resolution covering approximately 76,000 ovarian-cancer claims. The proposal requires participation from firms representing at least 95% of remaining claimants. If that threshold is met, the first payment would be capped at $3 billion in 2027, with additional payments beginning after 2028.
The proposal addresses ovarian-cancer claims and does not resolve separate talc-related mesothelioma litigation.
CPA: $940
CPL: $470
For common criteria, please contact us.
#9 Paraquat
Paraquat returned to the top ten as PPC participation reappeared. Meta softened, while TV and Whitehardt insights remained unchanged. The result was a small score increase but a meaningful three-position gain.
The litigation remains focused on implementing a master settlement established in 2025 and determining what happens to claimants who rejected their offers. Earlier court orders documented unusually high opt-out rates: 100% of eligible DiCello Levitt clients and more than 90% of Smith Law Firm clients rejected their offers.
On August 24, Judge Nancy Rosenstengel ordered attorney Mark DiCello to appear at an August 27 hearing so the court could gather more information about his firm’s opt-outs. Paraquat’s renewed PPC activity suggests that advertisers still see room in the market, even as the court works to define the claims that will continue outside the settlement.
CPA: $711
CPL: $320
Common Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after exposure to Paraquat.
#10 Takata Airbag Recall
Takata held the final top-ten position for the second consecutive month. Its last Meta advertiser exited, but television activity remained strong enough to earn the maximum TV score.
The TV score reached a full 5 points, making Takata the largest television campaign in the report despite a decline from the previous month. It remains a strikingly channel-specific campaign: major TV investment is sustaining its position without corresponding Meta growth or substantial PPC participation.
There was no large August litigation development, so Takata’s continued heat comes from the scale and longevity of the recall and from advertisers maintaining a concentrated television strategy.
For metrics such as CPA, CPL, and common criteria, please contact us.
Mesothelioma
You may be noticing a tort missing from our new report. While Mesothelioma continues to dominate the competition when it comes to spend levels, Whitehardt finds that this tort is its own niche animal. These cases can be extremely fruitful, but hard to come by, requiring a high buy-in to get in the game and patience when landing that ringer of a case. We believe that Meso will remain a constant for some time, but in regards to many of the other drugs and devices we focus on in this monthly report, we’ve decided to move it to its own category. If you are interested in hearing the latest news on Meso or how Whitehardt may be currently seeking these cases, you can contact us here.
Whitehardt will continue to track meso spending from month to month, so if you are interested in ongoing meso spending, please reach out to us directly. Going forward, we will be excluding meso from these tort reports.