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The Hot Tort Report: December 2022

The Hottest in Mass Tort Spending in November 2022

Featured Tort

Camp Lejeune

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Published: December 2nd, 2022. TV spend from multiple sources for a recent 30 day period.

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#1 Camp Lejeune – $24,910,000

Despite the noticeable 30-day drop in advertising spending, we don’t expect our featured hot tort to be leveling off any time soon. In fact, we think it’s just getting started. Even with November numbers being lower than we’ve seen from Camp Lejeune over the past five months, spending was nearly seven times higher than our number two tort!

CPL: $2,300 – $2,900
CPA: $4,600 – $5,800

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.

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#2 Mesothelioma – $3,570,000

As expected, the mesothelioma mass tort spending seems to have found its comfort zone right around the $4 million mark. Numbers have remained consistently high, and the claims keep coming. This is a reliable investment by current accounts, and we predict it sticking on our list for many months to come.

For metrics such as CPA, CPL, and criteria, please contact us.

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#3 Tylenol® – $2,196,000

For the second month in a row, Tylenol has shocked us with surprise increases in advertising spending. November saw the highest spending ever for this tort, and it’s beginning to look like Tylenol could even overtake meso soon for our 2nd place spot. We will have to wait until next month to find out whether these hikes in spending will become a pattern!

CPL: $50
CPA: $150

Criteria: Took Tylenol®, Excedrin®, DayQuil®, or NyQuil® while pregnant. Tylenol®, Acetaminophen, or Paracetamol must have been taken before and during the third trimester of pregnancy, AND child diagnosed with one of the following: Autism, ASD, Asperger’s, PDD-NOS, Childhood Disintegrative Disorder, ADHD. If the child is currently under 18 years old, the mother must be the legal guardian/pursuing claim on the injured party’s behalf.  If not, must be younger than 29 & mother must be willing to assist with the case.

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#4 Hernia Mesh — $466,000

Hernia mesh has been a hard tort to track recently, with spending changing significantly from month to month. Regardless of this inconsistency, it’s been a fixture in the top half of our Hot Tort Report for a while now, and almost half a million in a month is still some serious spending! The next trial for the MDL has been delayed until May 2023 due to all the plaintiffs pursuing claims, so we believe this tort will continue to have a steady demand.

For metrics such as CPA, CPL, and criteria, please contact us.

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 removal/repair. If the injured party is deceased, the death occurred within the last 3 years, and cause of death is related.

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#5 CPAP – $453,000

Although the CPAP tort has been active for almost a year and a half, spending is only now reaching numbers hot enough to make it on our list. As more people become aware of this tort, demand is rising and will likely continue to do so. We’ll follow up on this one when the December numbers are in.

For metrics such as CPA, CPL, and criteria, please contact us.

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#6 Chemical Hair Straightener – $440,000

The newest tort on our list has already made it to the number six spot in spending. Since the National Institute of Health (NIH) only released the study linking chemical straightening products to cancer in mid-October, we are still in the early stages of this tort. We predict that it will heat up quickly and, at $440,000 in its first month, be an investment that pays off well.

CPL: $1,000
CPA: $2,000

Criteria: Confirmed 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.

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#7 Zantac® – $241,000

Zantac’s November decrease in spending reflects a period of somewhat erratic numbers that we’ve been tracking with this tort for a few months now. In spite of this, it hasn’t fallen below $150,000 in three months, so the claims are still rolling in. We expect this isn’t the last time Zantac will appear on our Hot Tort Report.

For metrics such as CPA, CPL, and criteria, please contact us.

Criteria: Took Zantac® for at least 4 months, diagnosed with stomach, bladder, kidney, pancreatic, esophageal, intestinal, liver, uterine, or colon cancer within 5 years of taking Zantac®.

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#8 Roundup® – $206,000

Don’t let October’s exceptionally high numbers fool you — Roundup® is on its way back up. In fact, if October hadn’t had such an exceptional surge, the November spend would be the highest we’ve seen in over six months! Roundup® appears to be on a steady increase with outliers much higher than the average, a great sign that this tort is still bringing the heat.

CPL: $1,500
CPA: $3,000

Criteria: Diagnosed with Non-Hodgkin’s Lymphoma after using the weedkiller Roundup®.

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#9 Talcum Powder – $186,000

After holding a top-five spot for four consecutive months, the talcum powder mass tort spending saw quite a drop in November. Spending is around a third of what it was in October, taking this tort down from 5th place to 9th. Will talcum powder be able to keep up with hotter torts in the months ahead? As always, we’ll keep you updated on the trends that develop with this tort as they arise.

CPL: $600 – $1,500
CPA: $1,200 – $3,000

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.

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#10 Paraquat – $57,000

We may be seeing an exciting resurgence in advertising spending for the Paraquat mass tort. Although there was a drop in the last 30-day period, Paraquat still seems to be picking up traction after the serious dip in September. With talcum powder spend on a steady decrease, it’s possible that Paraquat could move up the list next month if these patterns remain!

CPL: $800 – $1,300
CPA: $1,778 – $2,889

Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after being exposed to Paraquat.

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