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The Hot Tort Report: May 2023

The Hottest in Mass Tort Spending in April 2023

Featured Tort

Camp Lejeune

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Published: May 3rd, 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 – $4,167,000

While Camp Lejeune has certainly given this tort a run for its money, mesothelioma slid back into first place this month. Though a small dip in spending brought it down a spot last month, it’s back on top showcasing how highly coveted these cases will continue to be.

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#2 Camp Lejeune – $3,726,000

The Camp Lejeune tort has been a consistent top performer in terms of spending, with a significant lead over the rest on our list.

Although its spending dropped a bit this month from the steady climb it’s been on since January, it’s still one of the hottest torts out there, with millions invested.

CPL: $1,400 – $2,100
CPA: $2,800 – $4,200

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.

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#3 Fire Foam – $887,000

After a massive jump last month, spending for the fire foam tort has continued to increase. While it’s still a bit early to determine any patterns, we’re keeping an eye on this one to see if it can maintain the heat it’s been bringing for the past few Hot Tort Reports. With the increased spending and interest, it’s certainly one to watch for.

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

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#4 Chemical Hair Straightener – $669,000

Spending dropped below the million-dollar mark for the chemical hair straightener tort this month, but it’s still holding strong in the top five.

While we always encourage our readers to consider the risks and rewards of investing, it should be noted that the number of possible plaintiffs in this tort is astronomical. Chemical straighteners and relaxers are very common products used on textured hair, and they are often used on a regular basis which increases the potential risk for the consumer.

As time goes on, more and more claimants will come forward to be involved in this tort, and we predict steady returns for years to come.

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.

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#5 Hernia Mesh — $154,000

Hernia mesh spending has been on a decline for the past few months, but this month’s drop was much less drastic than previous ones. If this tort is leveling out around the $150,000-$200,000 range, that’s not a bad place to be! 

Despite the declined spending, this remains one of the hottest torts we report on from month to month.

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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.

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#6 Social Media – $105,000

Although spending is slightly down this month, social media is still a relatively new tort that’s staying hot. We’re keeping a close eye on this one to see how it performs in the coming months.

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#7 Roundup® – $81,000

This has been one of the more sporadic torts on our list lately. From a surprising surge earlier this year, followed by a hard decline last month, and now a slight uptick in spending, it’s hard to predict what the future holds for Roundup®.

That being said, a Missouri plaintiff could very well change the game for those diagnosed with cancer after non-commercial use of Roundup®. Depending on the outcome of Sharlean Gordon’s jury trial, there’s a chance this tort could be ready to fire back up with renewed interest.

CPL: $685
CPA: $1,370

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

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#8 CPAP – $80,000

Despite its recent ups and downs, the CPAP tort has managed to make it on our list for two months in a row. This month saw its spending drop below $100,000 for the first time in over six months though, so we will be curious to see whether hotter torts may outperform CPAP in the near future.

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Common Criteria: Used a recalled Philips/Respironics CPAP or BiPAP machine; AND suffered one or more of the following ailments: Respiratory: Lung damage, New or worsening asthma, Pneumonia, Respiratory failure; Cardiovascular: Heart Attack, Heart Failure, Ischemic Stroke; Cancer: Colon Cancer, Kidney Cancer, Liver Cancer, Lung Cancer (Only if never smoked, rarely smoked, or quit smoking more than 10 years prior to diagnosis); Kidney Damage: Acute kidney injury or chronic kidney disease; Liver Damage: Acute liver failure or chronic liver disease.

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#9 Talcum Powder – $71,000

After months of consistently averaging around and even above $1 million, talcum powder’s spending this month brought a surprise dip below $100,000.

As Johnson & Johnson once again attempts to settle these cases via bankruptcy, tens of thousands of lawsuits have been put on pause. As of late April, no new talcum powder claims can be filed until the judge’s decision has been made. Whitehardt will continue to provide updates as the situation progresses.

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.

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#10 Railroad Workers – $63,000

We’ve seen these ads in passing, but it’s always exciting to have a new hot tort make its way to our top ten. Coming in at over $60,000, we know these cases consist of people who have worked on railroads and been diagnosed with any type of cancer, as well as a few other injuries.

We will be keeping a close eye on the spending trends for this tort and will report back next month with the latest updates.

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

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