The Hot Tort Report:
July 2024
The Hottest in Mass Tort Spending: June 2024
Featured Tort
Mesothelioma
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Published: July, 2024. TV spend from multiple sources for a recent 30 day period.
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#1 Mesothelioma – $2,687,000
Mesothelioma continues to dominate the top of our list, maintaining relatively constant spending above $2.5 million. This behemoth in TV advertising shows no signs of cooling down. Interestingly, both Mesothelioma and Talcum Powder claims are leading our Hot Tort Report this month, highlighting a shared cause: asbestos exposure. While Mesothelioma is directly caused by asbestos fibers, talcum powder claims often involve asbestos contamination, making these two torts closely linked in their fiery quest for justice.
For metrics such as CPA, CPL, and common criteria, please contact us.
#2 Talcum Powder – $2,251,000
Talcum Powder claims have surged back into the spotlight, dethroning Camp Lejeune for the second spot on our report. This renewed frenzy is likely driven by Johnson & Johnson’s ongoing bankruptcy efforts, which focus on resolving widespread talc-related litigation. As the company pushes for a bankruptcy settlement, there is a rush among claimants to secure settlements before any potential filings, leading to a significant spike. This resurgence is notable, as talcum powder hasn’t been in the top three since Q3 of 2023. The heat surrounding these claims underscores the ongoing concerns over asbestos contamination and its devastating impact on consumers.
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.
#3 Camp Lejeune – $825,000
Camp Lejeune has dropped significantly in spending, falling out of the top two for the first time since Summer 2023. With spending now at a low simmer, the urgency for claimants is evident as the window to file a claim narrows. This shift reflects the dwindling time remaining to seek justice, causing a gradual cooling for this tort.
CPL: $1,000
CPA: $2,000
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.
#4 Fire Foam – $271,000
Fire Foam has dropped from the top three, reflecting a shift in focus. Despite this, significant concerns remain about the PFAS chemicals in firefighter turnout gear and AFFF foam, which have been linked to serious health issues such as testicular cancer, thyroid disease, and kidney cancer. Recent lawsuits highlight the dangers faced by firefighters exposed to PFAS-containing foam throughout their careers. Although its spending has decreased, the flames of this tort persists, driven by the alarming health risks associated with PFAS exposure.
CPL: $1,750
CPA: $3,500
For criteria, please contact us.
#5 Hernia Mesh – $172,000
The dip in Hernia Mesh spending last month appears to have been a fluke as it has surged back up this month. A recent study has added fuel to the fire by indicating that robotic hernia repair can lead to a higher incidence of recurrence. This puts patients needing hernia treatment in a difficult position: choosing between hernia mesh, which can cause complications, or robotic hernia repair surgery, which may not effectively resolve the issue. The return to higher spend reflects the ongoing struggle and critical decisions faced by those affected.
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 Infant Formula – $148,000
Infant Formula spending saw its highest numbers of the year in June, reaching nearly $150,000. This surge reflects the favorable trend of high settlements for plaintiffs in 2024. With the legal landscape heating up and settlements continuing to favor those affected, we expect this trend to persist, driving sustained investment for NEC Infant Formula claims.
Common Criteria: Premature child born after 2002, severe injuries related to diagnosis of NEC, was fed formula in hospital. Infant was fed cow-milk-based formula (okay if unsure of brand) AND was diagnosed with NEC in or after the year 2002. If not premature, infant was diagnosed with NEC within 3 months after birth AND had surgery.
For metrics such as CPA and CPL, please contact us.
#7 Takata Airbag Recall – $97,000
The Takata Airbag Recall remains a volatile area in TV ad spending, showing erratic patterns over the past few months. The NHTSA has confirmed that 27 people in the United States have been killed by defective Takata airbags that exploded, underscoring the critical safety issues at play. As the legal and regulatory landscapes continue to evolve, it remains to be seen what spending patterns will emerge, but the urgency surrounding these claims is undeniable.
For metrics such as CPA, CPL, and criteria, please contact us.
#8 Paraquat – $46,000
Paraquat spending has dipped once again, continuing the downward trend seen in previous months. While the decrease is not as severe as last month, it indicates a sustained low spending pattern for the time being. Paraquat TV spend seems to be dimming, though the underlying concerns over this herbicide’s health impacts persist.
CPL: $1,200
CPA: $2,667
Common Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after exposure to Paraquat.
#9 Roundup – $40,000
Roundup has re-entered the top 10 after a brief absence last month, drawing renewed attention to this ongoing legal issue. Recently, a state court significantly reduced a Pennsylvania man’s verdict from $2.25 billion to $400 million. Despite the verdict reduction, new lawsuits continue to be filed in the multidistrict litigation.
CPL: $1,200
CPA: $2,000
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)
#10 Medication Port – $29,000
Spending for the Medication Port has settled into a more regular pattern over the last few months, with a slight increase compared to previous periods. This consistency marks a shift from earlier fluctuations, indicating a steadier and slightly heightened approach in spending efforts. While the intensity of spending may not be at its peak, the continued focus on Medication Port claims ensures that the issue remains in the legal spotlight.
CPL: $480
CPA: $960
Common Criteria: Bard PowerPort implantable/injectable catheters implanted after 2007 AND experienced Device Fracture/Migration causing:
- Heart Attack
- Stroke
- Hemorrhage
- Pulmonary Embolism
- Arrhythmia
- Blood Clot
- Organ/Vessel Perforation
- Infection of Bloodstream (Sepsis)
