It’s Not Too Late Unless It’s Settled: Cost And Quality Are Still Where They Were A Year Ago

It’s Not Too Late Unless It’s Settled:

Cost and Quality Are Still Where They Were a Year Ago

I get asked all the time if it’s too late to get into a litigation. When you talk about a litigation that has been heavily marketed, IVC is one of them. We’ve been heavily marketing IVC Filters for 7 or 8 years. Other marketers around the country have also been out there, getting IVC cases. Hernia Mesh has also been marketed, for not quite as long. Talc has been hammered in the market on and off for years. Roundup is another area that has been very successful.

Have You Missed the Boat?

Firms think they’ve missed the boat but it’s only too late when the case has settled or when it becomes too expensive. The second part is the real question. Are the cases still cost-effective to acquire? If you ask ten firms what they think is the right cost to acquire, you’ll get ten different answers. Every firm has a different perspective of what they think is the appropriate cost they’re willing to pay. This might depend on how bullish they are to acquire cases or how close the litigation is to settlement. Not every firm has the same fixed cost in mind, which means the cost is very subjective. All the way to settlement is a very subjective rule.

A Banner Time to Get These Cases

Taking all of this aside, cases like IVC Filters, Hernia Mesh, Talc, and Roundup are lower in cost to acquire now than they were a year ago because the marketing isn’t so crazy. These cases are getting closer in litigation to settlement. It’s a great time if you’re interested in any of these litigations.

People also worry that all the “good’ cases are taken or gone. The answer is, “No.” We monitor the quality of all of these cases, not only if the cost is down. Is the quality like what it was in prior years? I can tell you for these four, quality has not changed. Costs go up and down. Right now, costs are down. It’s not too late–it’s actually a great time. Because these litigations are moving ahead, you could also argue that the risk is starting to decrease. Although there’s still some risk, it’s not the same as it was a year ago.

Here’s a snapshot of data for IVC Filters, Hernia Mesh, Talc, and Roundup from our most recent Legal Marketing Index®.

Contact a CAMG rep to receive the most recent LMI®or to start a campaign.

IVC Filters

Last month, an Indiana federal jury came back with a $3.1 million compensatory award in the first phase of a Bard bellwether trial. C.R. Bard, Cook Medical, and other manufacturers face numerous trials in 2019. The results of these trials are being closely watched. The heat map shows a higher per capita cost percentage in southern states; low cost per capita percentages are found throughout different regions. The Top 20 DMAs for IVC Filters are primarily located in southern states. National Spend Data based on Nielsen data shows a spike from $100,000 in May to almost $700,000 in July. CAMG’s call data shows that 21% of qualified callers had experienced ventricular tachycardia.

Data map of the United States

Hernia Mesh

Johnson & Johnson (manufacturer of Ethicon Physiomesh® Flexible Composite) and Atrium (manufacturer of C-Qur Mesh) are included in a host of lawsuits alleging defective, dangerous design. Our heat map shows low cost per capita areas focused mainly in the northeast. Top DMAs for Hernia Mesh are mainly concentrated in southern states. National Spend Data based on Nielsen data shows a range, with lowest spending in February of last year and with September and October in the $1,000,000 range. According to our call center data, 61% of qualified callers are male and 52% have had revision or removal surgery.

Data map of the United States


Talc litigation continues to make news. On the heels of the December Reuters report that Johnson & Johnson had been aware of asbestos in its talc products for decades, over a dozen talc cases are set for trial in 2019, with 11,700 lawsuits pending.

Our heat map shows that low cost per capita percentages are primarily located on the west coast and in the northeast. Top DMAs are in mostly southern states. National Spend Data fluctuated through October 2018, with September spending at over $800,000. According to our intake data, 75% of qualified callers were between 31-70 years fo age at the time of ovarian cancer diagnosis. 74% of qualified callers were diagnosed after 2004 and 94% had used Johnson & Johnson talc every day.

Data map of the United States


Roundup Weed and Grass Killer has been manufactured by Monsanto Company since 1974. Roundup’s main ingredient, glyphosate, is alleged to cause non-Hodgkin’s lymphoma. The first federal Roundup trial is set for February 25.

Our heat map shows the lowest per capita cost cases are primarily located in the northeast and Great Lakes regions. Top DMAs are primarily in the southern states. National Spend Data shows a steady increase between July and September that dropped slightly in October. According to our intake data, 98% of qualified callers had been diagnosed with non-Hodgkin’s lymphoma; 81% of qualified callers first learned their injuries could be related to Roundup exposure through a TV ad.

Data map of the United States

CAMG has the data and experience you need to run successful campaigns in IVC Filters, Hernia Mesh, Talc or Roundup. Contact your rep at CAMG for the current criteria, intake script, and performance costs. We’re running these campaigns regularly and have relevant, up-to-date data, plus analysis, on any of these campaigns at any time.

Call (800) 200-CAMG to get a campaign started today.

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