Looking for White Heart Legal?
Click Here

Toggle Menu

The Hot Tort Report: October 2023

The Hottest in Mass Tort Spending in September 2023

Featured Tort

Camp Lejeune

Subscribe to the Monthly Hot Tort Report:

What’s the Tort News?

Published: September 29th, 2023. TV spend from multiple sources for a recent 30 day period.

If you have any questions, please contact Bails at bails@whitehardt.com

#1 Mesothelioma – $2,984,000

Mesothelioma maintains its grip on the top spot, once again showcasing its resilience with a September TV spend hovering around $3.5 million. It’s a fixture in our report, a testament to its enduring importance in the realm of litigation.

This tort, a legal titan, keeps the fires of accountability burning brightly, and it remains an arena where opportunities for engagement are as robust as ever.

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

Request a Customized Quote

#2 Camp Lejeune – $993,000

Months of anticipation have led to the emergence of settlements for Camp Lejeune victims. With initial offers starting at $100,000, many are relieved while others are disappointed. This development has the legal atmosphere heating up as spending has doubled since last month.

To qualify to receive these first settlements, the claimants must have a diagnosis or treatment date no less than two years after their first exposure and no more than thirty-five years after their last exposure. 

CPL: $1,300 – $2,400
CPA: $2,600 – $4,800

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.

Request a Customized Quote

#3 Roundup® – $385,000

A new Roundup trial commenced on the 13th, yet it seems Monsanto-Bayer is sticking to their familiar script: denying any link between glyphosate and non-Hodgkin’s lymphoma. Spending remains steady, despite this ongoing battle of evidence and claims. The legal saga surrounding Roundup continues, leaving us to wonder how long this cycle of denial will persist.

CPL: $950
CPA: $1,583

Common Criteria: Exposed to Roundup AND diagnosed with one of the following between 1998 and present-day 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)

Request a Customized Quote.

#4 Fire Foam – $295,000

This tort saw quite a significant decline since last month. While it might raise some eyebrows to see the flames dying down on fire foam spend, it is not necessarily concerning. A lower demand could present a unique opportunity to get involved in this litigation. 

Don’t let the recent numbers deter you—this tort will almost certainly continue to dominate the legal sphere as researchers uncover more and more serious medical conditions linked to long-term AFFF exposure.

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

Request a Customized Quote.

#5 Talcum Power — $190,000

While September witnessed a notable drop for talcum powder, falling from July’s red-hot spend of almost $2 million, this slowdown does not equate to a standstill in litigation. The landscape has evolved.

The litigation delay has ended, and this opens doors to cases that are yet to be pursued. At Whitehardt, we remain committed to forging the professional connections needed to navigate this evolving legal terrain effectively.

Keep an ear tuned for news on Dr. Jacqueline Moline, a medical researcher facing a lawsuit from J&J, who is actively seeking to have the suit against her dismissed. 

CPL: $350
CPA: $700

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.

Request a Customized Quote.

#6 Chemical Hair Straightener – $136,000

As we wrap up the third quarter, the trends for the chemical hair straightener tort remain quite consistent. After a fiery run in Q2, spending took a dip in Q3, suggesting a potential shift in trajectory. This is one that could be pausing for breath before its next ascent or finding its equilibrium for the long haul. The story of this tort continues to unfold, and its future spending dynamics are worth keeping a close eye on.

CPL: $975
CPA: $1,625

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.

Request a Customized Quote

#7 Hernia Mesh – $113,000

The path ahead for Hernia Mesh hinges on the upcoming bellwether trial set to commence on October 16th. The outcome of this pivotal trial will provide invaluable context for interpreting the recent spending trends. As we stand on the cusp of this significant October trial, the future direction of the Hernia Mesh tort remains highly anticipated.

While Bard has dominated the spotlight for an extended period, there’s noteworthy news on the Covidien front. We anticipate the first bellwether trials for Covidien hernia mesh lawsuits to emerge in early 2025. 

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, CPL, please contact us.

Request a Customized Quote

#8 Ozempic – $99,000

Ozempic, still a relatively new contender, has displayed consistency with spending remaining above $100,000 in recent months. While this tort may present a unique challenge due to the proliferation of knock-offs, it holds the expectation of being rewarding for legal professionals willing to navigate these complexities.

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

Request a Customized Quote.

#9 Paraquat – $88,000

Spending on Paraquat remains unpredictable as we await the outcome of the Daubert hearings. If this ends in favor of the defendants, it would likely burn up any chances the Paraquat MDL had. 

This is an ominous position for the tort to be in, but we will wait to make any firm calls until all the facts are in.

CPL: $1,200
CPA: $2,667

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

Request a Customized Quote.

#10 Birth Injury – $55,000

Throughout Q3, the birth injury tort saw a gradual, consistent rise in spending. It’s been a few months since this tort last made an appearance, but it is always simmering in the background, ever-present. For those passionate about advocating for justice, opportunities to get involved and make a meaningful impact remain open. Reach out if you are ready to get started!

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

Request a Customized Quote

Request a Custom Quote

Put our proven, results-driven team behind your quest for success.