The Hot Tort Report:
April 2024
The Hottest in Mass Tort Spending: March 2024
Featured Tort
Camp Lejeune
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Published: April, 2024. TV spend from multiple sources for a recent 30 day period.
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#1 Camp Lejeune – $3,270,000
This month’s Hot Tort Report shows an interesting shift in advertising spend, with our top-of-the-list contenders cutting back while lower-ranking torts surge. In particular, Camp Lejeune TV ad spend saw a $1.5 million dip in March.
So far, more than 170,000 individuals have filed for benefits, and the U.S. Government has agreed to pay over $4 million for 48 eligible claims. It’s a start, but there’s much more justice to come for those affected by Camp Lejeune.
CPL: $1,300 – $3,000
CPA: $2,600 – $6,000
Common Criteria: Injured party resided, worked, or was otherwise exposed to the water supply at Camp Lejeune (including in utero exposure) for 30 days or more (consecutive or nonconsecutive); AND exposure occurred between 1953 and 1987; AND injured party was diagnosed with one or more of the following injuries after exposure: Cancer (Bladder cancer, Breast cancer, Esophageal cancer, Kidney cancer, Leukemia, Liver cancer, Lung cancer, Multiple myeloma, Non-Hodgkin’s lymphoma), Female infertility, Hepatic steatosis, Miscarriage, Myelodysplastic syndromes, Neurobehavioral effects, Parkinson’s disease, Renal toxicity, Scleroderma.
#2 Mesothelioma – $1,780,000
The mesothelioma tort also saw a significant drop this month. Together with last month’s decline, this could indicate a potential slower period ahead.
This tort typically fires back up quickly after one of these drops, but a spend below $2 million for mesothelioma is quite a shock to see. Heightened interest surrounding the 6th, 8th, and 10th torts on our list this past month may be at play.
For metrics such as CPA, CPL, and common criteria, please contact us.
#3 Roundup – $514,000
Roundup® is cooling down after its top-of-the-year flare, returning to spending more typical for the tort. Bayer, the manufacturer of Roundup®, is reportedly considering the Texas Two-step strategy, which involves using bankruptcy courts to manage litigation. We’ve seen it many times in talcum and mesothelioma litigation.
Bayer is also exploring a glyphosate alternative, despite maintaining that glyphosate is perfectly safe.
CPL: $1,400
CPA: $2,333
Common Criteria: Exposed to Roundup® AND diagnosed with one of the following between 1998 and present at least 2 years after their first usage/exposure:
- Non-Hodgkin’s Lymphoma or a specific type of Non-Hodgkin’s Lymphoma (ie. B-Cell Non-Hodgkin’s Lymphoma or Waldenstrom Macroglobulinemia)
- Lymphocytic Leukemia i.e. Chronic Lymphocytic Leukemia (CLL) or Acute Lymphocytic Leukemia (ALL)
#4 Diabetes Meds for Weight Loss – $248,000
This tort is maintaining its surge from last month, hovering near the $250,000 mark after a period of slower spending before February.
In recent developments, the first status conference in the lawsuit revealed that Eli Lilly, the manufacturer of Mounjaro, intends to defend about 10 percent of the cases. A science day is anticipated to occur in the next three months, and we will be keeping up to date with all developments.
CPL: $490-$1,200
CPA: $980-$2,400
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
#5 Hernia Mesh – $136,000
Hernia mesh spending is down slightly since last month, though still within the expected fluctuation for this tort. Plaintiffs in the Covidien hernia mesh lawsuit filed a motion on March 22 to extend the discovery deadline. The defense has been ordered to respond by April 1 with a virtual hearing scheduled for April 8.
Common Criteria: Hernia mesh surgery from 2000—current and 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.
#6 Fire Foam – $125,000
As expected, TV ad spending for fire foam cancer victims is picking back up, with March seeing the highest spend of the quarter overall. With PFAS creating difficulties for so many industries and government institutions, we know that this tort is poised to have a lasting impact on American politics and commerce. As we stand at the precipice of this massive legal undertaking, Whitehardt is dedicated to connecting attorneys to the firefighters and military service personnel affected by AFFF.
CPL: $2,700
CPA: $5,400
For criteria, please contact us.
#7 Chemical Hair Straightener – $49,000
The spending on TV advertising for the chemical hair straightener tort has hit a new low, dropping below $100,000 for the first time. While the addition of new cases in this MDL has slowed significantly over the past 6 months, the litigation is steadily progressing with pretrial discovery underway. This slowdown in spending and case additions may indicate a stabilizing phase in this tort, but it is, no doubt, moving forward.
CPL: $430
CPA: $717
Common Criteria: Diagnosis of uterine cancer: endometrial cancer or uterine sarcoma; applied professionally or at-home application; used for at least 2 years AND usage must be at least 4 times per year; not currently a smoker.
#8 9/11 – $48,000
Spending for the 9/11 tort bounced back after falling off in February, reflecting the ongoing need for legal assistance in this sensitive and enduring matter. This is especially true considering the approaching deadline. Those exposed to toxins in the air on 9/11 who developed a serious illness from this exposure will have until October 2090 to file a claim.
There is absolutely a long-term need for legal support in this area, and Whitehardt is proud to take on the role of initiating the client-attorney relationships that lead to just compensation.
For metrics such as CPA, CPL, and criteria please contact us.
#9 Birth Injury – $38,000
Birth injury spending has seemed to simmer down over the past few months. January was well above the average spend of just over $50,000, to be fair, but now spending has swung in the other direction to a lower point. We will be looking out for further trends as we enter Q2.
For metrics such as CPA, CPL, and criteria, please contact us.
#10 Talcum Powder – $22,000
Talcum powder saw one of the three biggest surges on the Hot Tort Report this month, alongside fire foam and 9/11 claims. Recent updates include a new opportunity for Johnson & Johnson to contest evidence linking talc to cancer along with a talc trial that ended with a hung jury. These developments underscore the continued legal battles and uncertainties surrounding talcum powder litigation.
CPL: $470
CPA: $940
Common Criteria: Used J&J Talcum Baby Powder or Shower to Shower, usage for at least 4 years, and was diagnosed with one of the following cancers: ovarian, endometrial/uterine, cervical, fallopian, vulvar, or leiomyosarcoma.
