The Hot Tort Report:
February 2024
The Hottest in Mass Tort Spending in January 2024
Featured Tort
Camp Lejeune
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Published: January, 2024. 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 – $4,804,000
In a remarkable surge, Mesothelioma’s TV ad spend has eclipsed the combined totals of November and December, marking the highest we’ve seen for this tort since mid-2022. After Aldrich Pump’s asbestos liability bankruptcy was upheld despite plaintiff appeals, as we mentioned in last month’s newsletter, senators from both sides of the aisle have appealed to the Supreme Court with an amicus brief intended to keep this Texas Two-Step from moving forward.
There’s also been an amicus brief filed by 24 states and Washington D.C. supporting the senators’ appeal and calling for the court’s decision to be reviewed and overturned. This antiquated and subversive strategy is getting the negative attention it deserves.
For metrics such as CPA, CPL, and common criteria, please contact us.
#2 Camp Lejeune – $4,572,000
The Camp Lejeune mass tort, in constant competition with Mesothelioma, has slightly trailed in ad spend this month. Despite a dip from the past few fiery months, this spend remains formidable, making up just under 40% of the total spend on this report. This ongoing rivalry in TV ad investments between the top two torts underscores a robust and enduring interest in these legal matters.
CPL: $1,200 – $3,000
CPA: $2,400 – $4,000
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.
#3 Roundup – $1,028,000
While the end of the year saw a win for Monsanto, Roundup litigation is coming in hot for 2024, fanned by a $2.25 billion settlement for a Pennsylvania man whose cancer was caused by Roundup. As is the case for the Mesothelioma mass tort, this is the hottest spend we can remember seeing for this tort in a very long time. It’s exciting to see increased interest in this legal arena that never seems to die off.
CPL: $1,160
CPA: $1,993
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)
#4 Paraquat – $401,000
We’re looking at a bit of a drop for Paraquat this month, but it’s nothing we haven’t seen in the past with this ever-erratic tort. More and more people continue to uncover the link between this herbicide and their Parkinson’s Disease diagnosis every month, and they’re looking for answers to their legal and financial needs. If you are interested in bridging that gap, talk to us about how we can help you source Paraquat leads.
CPL: $1,200
CPA: $2,667
Common Criteria: Diagnosis of Parkinson’s Disease or experiencing Parkinson’s-like symptoms after exposure to Paraquat.
#5 Hair Straightener – $245,000
Breaking into the top 5 hottest torts for the first time since Q2 of 2023, spending for the Chemical Hair Straightener mass tort seems to be on a steady uphill trajectory following October’s anomalous spike and November’s subsequent drop. This consistent upward trend highlights the growing awareness and concern surrounding these hair products and their carcinogenic properties, marking it as a tort to watch in the coming months.
CPL: $430
CPA: $717
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.
#6 Hernia Mesh – $209,000
Hernia Mesh litigation has been on fire the past two months, with spending consistently exceeding $200,000. The Bard Hernia Mesh MDL in particular has been going on for quite a while now, and we are only just now approaching the 4th bellwether trial (slated for April 2024) for a gentleman who originally filed his lawsuit in 2018. We are committed to seeing justice served and, like everyone else, we are frustrated with this sluggish progress. If you want to invest in being a part of the solution, reach out to Whitehardt for a custom Hernia Mesh case acquisition strategy that works for you.
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 Clergy Sexual Abuse – $89,000
After a period of relative quiet the past few months, more litigators are picking up the reins and charging forward with these sensitive but necessary cases. To date, the Catholic Church in the U.S. has paid out more than $3 billion to survivors, but we are also here to help facilitate attorney-survivor relationships for clergy abuse cases relating to other religious institutions outside of the Catholic Church.
For metrics such as CPA, CPL, and criteria please contact us.
#8 Birth Injury – $79,000
The CPAP tort has been simmering on a low flame for some time, but its presence in the legal landscape has been rekindled.
Both November’s numbers as well as January’s have shown heightened interest in this crucial tort. Birth injuries caused by medical malpractice are all too common, unfortunately, and Whitehardt is dedicated to getting affected families connected to the right lawyer to pursue deserved compensation.
For metrics such as CPA, CPL, and criteria, please contact us.
#9 Fire Foam – $72,000
The judge for the Fire Foam MDL approved a request allowing time for both sides to resolve the discovery dispute and motion to compel amongst themselves. We’ve seen spending on this tort trending downwards since we reported on October’s data, but make no mistake: this is set to be a prolonged legal journey. Slow periods are to be expected, but by the looks of things, there are likely decades’ worth of claims available to pursue.
For metrics such as CPA, CPL, and common criteria, please contact us.
#10 Diabetes Meds for Weight Loss – $61,000
This is another tort for which interest is heating back up after a few months without any TV spending. The legal community is responding to rising public concern as the FDA looks into reports of severe side effects such as hair loss and suicidal ideation in people prescribed drugs known as “GLP-1 receptor agonists” (Ozempic, Wegovy, Mounjaro, and other similar drugs). They will be exploring the need for regulatory measures against these drugs which have become massively popular in quite a short period.
Common Criteria:
- Took a prescription diabetes drug for weight loss (e.g. Ozempic, Wegovy, Mounjaro);
- Discontinued use of the drug; and
- Experienced one or more gastrointestinal disorders at least 30 days after your first dose
For metrics such as CPA and CPL, please contact us.
