Published: October, 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 September.
This piece delves deep into the hottest trends in mass tort cases, providing valuable insights. You can also view August Tort report here.
Camp Lejuene
A North Carolina federal court has scheduled the initial Camp Lejeune trials for next year. These trials will be categorized into “Tracks” based on the plaintiff’s claimed health condition. The first track will focus on diseases from Tier 1 of the early settlement program: Parkinson’s disease, leukemia, non-Hodgkin’s lymphoma, kidney cancer, and bladder cancer.
The Navy and Department of Justice expedited compensation for Camp Lejeune water contamination victims with payouts ranging from $150,000 to $450,000, with an additional $100,000 for exposure-related deaths.
The “Elective Option” provided by the government offers expedited compensation of $150,000 to $450,000, with amounts determined by the duration of Camp Lejeune stay and injury severity. In case of a fatality, an extra $100,000 is provided.
Claimants have 60 days to accept settlement offers, with payment expected within 60 days if accepted. Legal action can be pursued if rejected.
RoundUp:
- A new Roundup trial began on the 13th, with Monsanto-Bayer maintaining their stance of no connection between glyphosate and non-Hodgkin’s lymphoma.
- The spends continued to soar this month as the legal battle continues, leaving the Roundup situation uncertain.
- As of September 2023, Monsanto has resolved settlement agreements in nearly 100,000 Roundup lawsuits, resulting in payments of approximately $11 billion.
- Trial Dates:
- A trial is scheduled to begin in St. Louis on October 2nd.
- Another trial is set to start in Philadelphia on October 5th.
- If Plaintiffs win these trials, it could shift the momentum in their favor.
Fire Fighting Foam
This tort experienced a notable decrease in activity compared to the previous month. While the reduced attention on fire foam spending may catch your eye, it’s not a cause for concern. A lower demand could actually present a unique opportunity to get involved in the case.
The recent figures should not be a dampener as this tort is likely to maintain its prominence in the legal realm, especially as more severe medical conditions linked to long-term AFFF exposure come to light.
Talcum Powder
September brought a significant reduction in talcum powder spending, dropping from the high levels seen earlier in Q3, which nearly reached $2 million. However, this decline should not be interpreted as a halt in the legal proceedings; the legal landscape has shifted.
The period of litigation delay has concluded, creating opportunities for cases that have yet to be pursued. Within the past month, an additional 5,649 talcum powder cases against Johnson & Johnson have been included in the class action MDL.
- This recent influx has elevated the total count of pending cases in the MDL to 52,995.
- Following the removal of the bankruptcy stay a few months ago, approximately 20,000 new talc cases have been incorporated into the MDL.
- It is anticipated that the rate of new case filings will likely decrease in the coming months.
Paraquat:
The spending for Paraquat remains uncertain as we anticipate the results of the Daubert hearings. If the outcome favors the defendants, it could significantly diminish the prospects of the Paraquat MDL.
While this situation raises concerns for the tort, we will refrain from making any definitive judgments until all the facts have been considered.
Over the past few months, Paraquat has consistently been one of the highest volume MDLs with an average of 200-300 new cases per month. 1,000 new Paraquat cases were filed in the past 2 months alone.
Hair Straightener/ Hair Relaxer
As the third quarter concludes, the patterns in the chemical hair straightener tort remain steady. Following a robust performance in Q2, spending has been inconsistent in Q3, indicating a potential change in direction. It might be taking a moment to regroup before its next move or settling into a stable state. The evolution of this legal matter persists, It’s important to closely monitor its future spending trends.
