Published: November, 2023. TV spend from multiple sources for a recent 3 months period.

In this edition of mass tort spends, we bring you an exclusive glimpse into the hottest trending torts and ad spends in the month of October.
This piece delves deep into the hottest trends in mass tort cases, providing valuable insights.

Camp Lejeune

Expenditures for Camp Lejeune saw a rise this month, which could be linked to the resolution of initial claims.

There hasn’t been much recent news regarding Camp Lejeune since the introduction of the expedited payment program nearly two months ago.

The legal teams representing Camp Lejeune plaintiffs and the government are actively working to prepare numerous lawsuits for potential settlement. They are in the process of designing a questionnaire to gather information from affected individuals and establish a method for compensation calculation. Additionally, they are planning to create a secure database to store this data.

While some of these claims may reach settlements in the near future, it’s important to recognize that not all of them should or can be resolved in this manner. This is why we must persist in our efforts to secure trial dates as swiftly as possible.

RoundUp

After several settlements and verdicts against Bayer in October, Roundup saw a decline in spends. 

Especially after the remarkable $332 Million Roundup-Cancer Verdict. This constitutes the company’s third loss in weedkiller cases in October. Bayer has allocated a substantial $16 billion for addressing Roundup litigation. A recent verdict awarded $175 million to a cancer patient, exposing Monsanto’s failure to issue proper warnings about Roundup’s carcinogens. Ideally, Bayer should have resolved all pending cases by 2020 and withdrawn Roundup has decided to reduce future litigation risks. However, their continued sales post-settlement may result in legal challenges.
Currently, more than 40,000 Roundup-related lawsuits remain pending, with an estimated additional $7 billion needed to settle these cases.

Fire Fighting Foam

This tort experienced a spike in spends this month. There are over 6,000 cases currently pending in the MDL. 

A recent study has connected thyroid cancer to a particular PFAS variation, PFOS, providing further evidence of the hazards associated with these substances. This may well signify the initial phase of an extended legal dispute.

Talcum Powder

Talc saw a major dip in spends this month. In the two months following the dismissal of the second bankruptcy, over 10,000 new cases have been filed within the MDL.
Johnson & Johnson is facing a lawsuit from Los Angeles County, which asserts that the company’s talc-infused products have contributed to a public health emergency marked by elevated cancer and mesothelioma cases.

The county contends that Johnson & Johnson has possessed knowledge of talc’s risks for a substantial period but has persistently misled consumers regarding product safety. The lawsuit seeks damages and highlights the company’s focused marketing efforts aimed at minority communities. It is worth noting that despite J&J’s announcement to cease these products, they were still accessible for purchase as recently as September 2023.

Paraquat

Paraquat expenditures have surged compared to last month, reinforcing its erratic nature. The postponement of bellwether trials, initially slated for October, until the completion of Daubert hearings has cast uncertainty on this tort’s outlook.

Stay tuned for the most recent updates next month!

Hair Straightener/ Hair Relaxer 

Hair Relaxers witnessed a marginal spike in spends in October. The FDA proposed a ban on hair relaxers with formaldehyde:

Hair Relaxer has almost 6,000 pending cases in the MDL.

Formaldehyde is associated with respiratory issues and an elevated risk of certain cancers. This move aims to highlight the potential risks posed by these products, especially to Black women who are frequent users.

The rule would target hair-smoothing and hair-straightening products, often referred to as relaxers. 

A recent study from the National Institutes of Health discovered a correlation between frequent use of hair-straightening chemicals and a higher likelihood of developing uterine cancer, particularly for women who used such products more than four times in the previous year.

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