The Hot Tort Report:
September 2024
The Hottest in Mass Tort Spending: August 2024
Featured Tort
Zantac
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Published: September, 2024. TV spend from multiple sources for a recent 30 day period.
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#1 Mesothelioma – $2,279,000
August’s TV spend for the Mesothelioma mass tort fell just below $2.3 million, marking a dip beneath the $2.5 million threshold that has been consistent since April. While Mesothelioma remains a dominant force in the mass tort landscape, this decrease has opened the door for other torts further down the list to ramp up the competition.
For metrics such as CPA, CPL, and common criteria, please contact us.
#2 Zantac – $869,000
Zantac holds steady in the number two spot with a notable, though slightly reduced, TV advertising spend in August compared to July. This decline may signal a cooling trend, but the litigation surrounding Zantac is still sizzling due to recent developments.
Delaware’s top court will hear an appeal from pharmaceutical giants GSK, Pfizer, Sanofi and Boehringer Ingelheim to dismiss tens of thousands of lawsuits alleging Zantac causes cancer. The companies claim the expert testimony on the cancer link lacks scientific validity, potentially halting the lawsuits. Additionally, the third Zantac trial ended in a mistrial when jurors couldn’t agree on Boehringer Ingelheim’s responsibility for cancer.
For metrics such as CPA, CPL, and common criteria, please contact us.
#3 Paraquat – $335,000
Paraquat litigation is heating up considerably, with TV ad spending jumping in August. This surge in advertising marks a continued increase from the July numbers. The recent selection of 10 new bellwether cases is fueling interest, especially after the original set of cases was dismissed in April due to a lack of admissible expert testimony. As these new cases move toward discovery, it’s time to turn up the heat to attract potential plaintiffs.
CPL: $1,200
CPA: $2,667
Common Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after exposure to Paraquat
#4 Roundup® – $233,000
Roundup® is starting to heat back up for the year, with TV ad spending rising over 160% since last month. This resurgence follows a lull earlier in the summer, indicating a period of renewed focus as Bayer lobbies Congress for legislation in the Farm Bill to limit lawsuits.
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)
#5 Infant Formula – $193,000
Infant Formula causing NEC is one of the most significant focuses in current mass tort litigation, although TV ad spending cooled down in August. The decrease in spending could indicate a brief pause as firms assess the impact of the significant $495 million verdict we discussed in the last report. While TV spend may have momentarily decreased, the fire behind these cases is far from extinguished.
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.
#6 Hernia Mesh – $166,000
Hernia Mesh continues to see moderate activity, though TV ad spending has been somewhat volatile over the past three months. After a 30% drop from June to July, spending rebounded in August with an increase of about 38%.
This fluctuation may reflect law firms’ strategic adjustments as they weigh the potential for a global settlement. As the MDL marks its 6th year, the ongoing legal developments indicate that Hernia Mesh cases remain a persistent focus in the mass tort landscape.
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.
#7 Talcum Powder – $153,000
With a staggering 93% decline in spending, the Talcum Powder tort has seen one of the most dramatic shifts this month. This significant drop follows the approval of Johnson & Johnson’s $6.48 billion settlement plan which we discussed last month. After spending months near the top of our list, the potential for a comprehensive resolution seems to be prompting law firms to scale back their advertising efforts as many cases move toward settlement.
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.
#8 Takata Airbag Recall – $147,000
The Takata Airbag Recall continues to capture attention, with TV ad spending experiencing notable shifts over the past three months. After an 80% surge from June to July, fueled by BMW’s large-scale recall, spending slightly dipped in August.
Despite this, the urgency surrounding the case remains high, as Ford and Mazda have recently issued “Do Not Drive” advisories for vehicles with defective Takata airbags. Law firms looking to maximize their outreach to potential plaintiffs should consider leveraging these trends—reach out to Whitehardt for insights on how to effectively position your mass tort advertising strategy.
For metrics such as CPA, CPL, and criteria, please contact us.
#9 Medication Port – $37,000
This tort has maintained a steady presence, with TV ad spending holding relatively stable (and growing) over the last three months. Legal developments have been significant, with the litigation size more than doubling recently—there are now over 416 cases pending in the MDL. The recent status conference in mid-August marked a step forward, setting the stage for the first trials expected soon.
CPL: $500
CPA: $1000
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)
#10 Camp Lejeune – $30,000
With the filing deadline now passed and over 500,000 claims already in the system, it appears that firms are shifting their focus from attracting new Camp Lejeune clients to managing and resolving the substantial volume of existing cases. The sharp decline in ad activity likely reflects this strategic shift, as the legal landscape moves into a new phase centered on case resolution.
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.
