ISSUE 1 January 2019 Edition
Closer to Home: Partner with CAMG for Your Local Campaigns
You likely know Consumer Attorney Marketing Group for our successes in Mass Torts and national campaigns, but did you know we can also help you achieve great results in local campaigns? We apply the CAMG model we use for mass tort campaigns to single event campaigns to maximize efficiency and get you results. We have the resources – and close to a decade of experience -- to brand your firm and to get you in front of the right audience. Our performance-based media expertise means you get the most cases possible and still stay within your budget.
CAMG has run thousands of campaigns, both nationally and locally, with expertise in:
- Environmental disasters
- Personal injury
- Medical malpractice
- SSD/Workers Comp
- Specialty Litigation
With a top-notch creative staff, we can film ads at either your office or in one of our two professional studios. Our response-driven marketing depends on data so we can monitor what’s working and change what isn’t, on a weekly basis. We are committed to our values of running ethical campaigns with transparency, efficiency, innovation, and exemplary service.
The CAMG Advantage means we can customize a bundle from our six service divisions to bring you exactly what you need to run a successful campaign. CAMG can handle the marketing so you can focus on serving your clients. Our full suite of services includes contract servicing and acquisition, medical record retrieval and review, phone management, telemarketing, and data distribution. And we developed our Legal Marketing Index® Single Event Litigation Edition to provide you with up-to-date best legal marketing practices, along with relevant proprietary CAMG legal marketing data on media spending and trends – with a focus on specific practice areas.
Contact us today to find our how CAMG can give you a leg up on your local litigation competition. Call 800-200-CAMG.
Faulty Medical Devices: IVC Filter & Hip Review
2018 was a year marked by significant faulty device litigation for both IVC filters and hip replacements, with numerous bellwethers held for each device. According to our internal intake reports, both IVC filters and hip replacements have been performing better than average in conversions, with both devices at 69% of calls converting to qualified leads.
Here's a look back at Faulty Medical Device news in 2018.
2018 was a year of bellwethers for IVC filters – and there are currently over 9K cases pending against C.R. Bard and Cook Medical, as well as other manufacturers, most of which are centralized in MDLs.
If you are planning an IVC filter campaign or currently running one, consider Consumer Attorney Marketing Group as a partner. CAMG has close to a decade of success in response-driven marketing and offers a full suite of marketing services.
Hip Implant Litigation
DePuy (Johnson & Johnson subsidiary), Stryker, Smith & Nephew, and Zimmer Biomet have faced tens of thousands of lawsuits for defective hip replacement and hip resurfacing products. Both Stryker and Johnson & Johnson announced settlements in the last quarter. Here are the highlights from 2018.
CAMG delivers full-spectrum, response-driven media – and our six service divisions allow you to vertically integrate all your marketing needs. If your firm is planning a 2019 campaign for metal on metal hip replacements or any other mass tort cases, or you’d like improved results in an existing campaigns, contact CAMG at 1 (800) 200-CAMG.
Mass Tort Trends of 2018 & 2019 Forecast
- 2Meso / Lung Cancer
- 4Hernia Mesh
- 7Invokana (Amputations)
- 8Valsartan Recall
- 12DePuy Attune Knee
- 15Invokana (Ketoacidosis)
(January 2018 - December 2018)
2018 Breakout of Top Practice Areas by Spend
*January 2018 - December 2018. Source: CAMG Cumulative Campaign Data
Heading into the new year, here’s a look back at takeaways from 2018, including the Top Mass Tort list, and overall breakout of top practice area spend. We’ll also look at trends heading into 2019. Based on media spend at CAMG, there are 4 new additions to the Mass Torts List. Valsartan, Attune Knee, Gadolinium, and Hip have all made a big presence in the past quarter. Talc and Invokana have also made big news. Reuter’s uncovered Johnson & Johnson documents that reveal the company has been aware of asbestos in its talc products as far back as 1971 – and has hidden test results from regulators and the public. Amidst dropping shares, Johnson & Johnson continues to assert its talc products are safe but stay tuned for a possible impact on future verdicts.
On the bad drug front, the latest injury linked to diabetes medication Invokana is necrotizing fasciitis, also known as “genital gangrene.” 39% of Invokana callers have responded “yes” to experiencing this potentially life-threatening bacterial infection.
Whether your 2019 plans include improving your existing mass tort campaigns or starting with new ones, contact CAMG today.
Mass Tort Trends Heading into 2019
- IVC went up from #7 to #1
- Taxotere went up from #5 to #2
- Talc stayed at #4
- Roundup went down from #3 to #6
- DePuy Attune Knee stayed at #9
- Meso/Lung Cancer went down from #1 to #7
- Hernia mesh went up from #8 to #3
- Valsartan went up from #13 to #6
- Gadolinium MRI went down from #13 to #11
- Invokana (Amputations), Opioids, Invokana (Ketoacidosis), Onglyza and Xarelto/Pradaxa/Eliquis were not previously on the Top Mass Tort list.
*Q4 (October 2018 - December 2018) compared to Q3 (July 2018 - September 2018)
ISSUE 2 February 2019 Edition
HITECH vs HIPAA
One of the biggest questions I hear all the time from attorneys is about the difference between HITECH and HIPAA. Whenever I bring this up in one of my presentations, eyes light up in the room. When we include this type of slide, I see cameras taking pictures.
By now, many lawyers understand the basics of HITECH; some don’t. However, even those who think they have a decent understanding really don’t know HITECH and HIPAA at the level we do. Our medical record retrieval service, CARS, has successfully completed thousands of HITECH requests. We are experts because we have the data. Nobody else has done more analysis of HITECH and HIPAA that is based on enough cases and over a broad enough time period to assess the real differences.
On the surface, we all know the process with HIPAA generally takes less time. Everyone knows that HITECH saves you money over HIPAA. Beyond those differences, however, the understanding begins to fall apart.
Taking a deeper dive into the differences can help you determine which method is more appropriate for your case. For example, when you need to get records back quickly, HIPAA’s what you want to do. However, HIPAA may cause all sorts of hiccups to deal with. If you aren’t in a rush, HITECH might be right.
HIPAA is the standard request used to retrieve medical records. With a HIPAA request, there’s a shorter turnaround time, averaging 30 days, compared to HITECH, which can take an average of 45 days. When you use HIPAA, you can request specific record types. The downside to HIPAA is the cost, which is 33% higher on average than HITECH. HIPAA requests are best used for cases with tight deadlines and when you need specific records.
After many years of only being able to request records with HIPAA, HITECH was passed to encourage doctors and hospitals to use electronic health records, as well as set additional privacy and security measures for electronic records. HITECH requests are initiated by the patient. The cost of using HITECH requests is significantly lower than the cost of HIPAA requests but the turnaround time can be longer. In general, HITECH requests are best for cases where many records are needed.
- Law firm or medical records retrieval company initiated
- Averages $60.69 per request
- Average 30-day turnaround
- Ability to request specific record types
- Best suited for cases with tight deadlines or where a limited number of specific pages are needed
- Averages $20.21 per request
- Average 45-day turnaround
- Complete set of records
- Best suited for cases requiring a large volume of records
CARS: Your Preferred Partner for HIPAA and HITECH
Retrieving medical records can cost your firm in time, resources, and money. You may need to send demand letters to the facility to get them to comply quickly. Providers may try to tack on extra charges that aren’t allowed under HITECH, which means you or your staff will need to make numerous calls to get invoices corrected. Figuring out whether you should use HITECH or HIPAA can be a daunting task.
At Consumer Attorney Record Services, our team members specialize in HITECH and HIPAA requests. We can advise you on a case-by-case basis and can take care of the details, from the
initial contact all the way through medical record review. CARS is
HIPAA compliant and operates with the highest standards of security
and privacy. We upload your medical records to an online portal,
where all information is secured through 256-bit encryption.
- Nationwide record retrieval
- Proprietary database of 90,000+ facilities
- Easy to access, secure online portal
- Pre-paid provider fees
- No per page cost or hidden fees
- Seamless integration with Consumer Attorney Contract Services
Improve Your Eff iciency
With HITECH requests, you receive a full set of medical records, which can be tens of thousands of pages. The facility may still leave out records you need for your case, such as billing statements, radiology or pathology reports. We sort through the records to find the records you need. If records are missing, we’ll follow up to make sure you receive them, at no extra charge.
We know pouring through volumes of records is time-consuming. CARS offers complete medical review services that are specifically designed for plaintiff mass tort and personal injury attorneys. Outsourcing your medical record reviews to CARS will save you time and money.
If you use CAMG for contract services, we automatically create requests in our online portal, complete with your client’s signed HIPAA or HITECH documents. This saves you valuable time, since you don’t have to enter any request data.
Get started with CARS today. Contact (800) 200-CAMG.
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.
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.
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.
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.
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.
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.
The Takeaway: 3M Combat Ear Plug Litigation Webinar
Earlier this month, we hosted the first-ever webinar on 3M Combat Arms Ear Plug Litigation. Rachel Lanier of The Lanier Law Firm and D. Todd Mathews of Gori Julian & Associates, P.C. did a fantastic job presenting. Their firms have been frontrunners in this litigation and shared what D. Todd referred to as a “30,000-mile overview of the project.” We heard some great questions from attorneys on the call, too.
You can access the recorded webinar on our website or at the link below. We went through close to two hours of litigation background and a valuable look at the data CAMG has been collecting, so you won’t want to miss this webinar, especially if you’re considering a Military Ear Plugs campaign.Here is a sampling of the takeaway from this key webinar:
3M sold dual-ended ear plugs to the military that were issued to soldiers between 2003-2015, including those deployed to Iraq and Afghanistan. Due to an alleged design defect, the company’s Combat Arms™ ear plugs put service members at risk for partial or full hearing loss and tinnitus. Rachel and D. Todd presented key background information and litigation issues.
The webinar includes:
- A detailed timeline of the ear plug design problems and 3M’s role
- Takeaway from the qui tam action/False Claims Act violation and 3M’s $9.1M settlement
- Relevant science and liability behind these cases
- An explanation of potential plaintiffs and their injuries
- What you need to know about finding cases: Intake and case selection
- Key strategies going forward
- A look at possible defense strategies: Government Contractor Immunity, Combatant Activities Exception, Unique Federal Interest, and more
- An exploration of Statute of Limitations issues
- Answers about disability claims and litigation
- Medical Records Issues: VA requirements, e-signatures vs. hard signatures
Rachel and D. Todd have done the legwork on Military Ear Plug Litigation, so you’ll want to hear what they have to say.
Data and Analysis from CAMG
Because we’ve been running Military Ear Plugs campaigns at CAMG, we have the data you need for marketing these cases. In the webinar, we cover some of the key data you can find in our Reference Guide, as well as in our Legal Marketing Index®. Contact your CAMG representative to access both. Here are some of the key marketing topics covered in the webinar:
- Geographic and demographic data: Including top DMAs and military bases
- Qualifying criteria
- Successful marketing strategies
- Digital and Television: Why you need both
- Why partnering with CAMG is key to running successful Military Ear Plugs campaigns
Rachel and D. Todd spoke about the potential volume of this litigation. According to the U.S. Department of Veteran Affairs, tinnitus and hearing loss are the top two disabilities of veterans who were deployed to Iraq and Afghanistan. Veterans who served in the U.S. or overseas after 2001 are four times more likely to have severe hearing impairment than non-veterans.
When you’re planning a potentially high-volume campaign like Military Ear Plugs, partnering with CAMG makes sense. We have the response-driven marketing approach you need to target your marketing dollars efficiently, week after week. Successful marketing requires the right balance between traditional and digital media. We don’t stop at marketing. CAMG offers a robust call center, contract processing, and medical record retrieval to help you run an effective campaign.Reach out to your CAMG rep to start a campaign today. Watch the full 3M Combat Ear Plug Litigation Webinar here.
ISSUE 3 March 2019 Edition
Choosing the Right Phone Numbers for Your Mass Tort Campaign
The phone numbers you use for your mass tort campaign can make the difference between inefficient spending and running a sustainable campaign with a case cost that makes sense. Many firms use vanity numbers to brand their single event practices. However, these memorable vanity numbers are not what works best for mass tort campaigns, where the focus is on getting the most cases per cost. Here’s what you need to consider when you’re choosing phone numbers for your mass tort campaign.
Unique Numbers Matter
Unique numbers are individual phone numbers you can assign to specific marketing channels or campaigns. Using unique numbers allows you to track responses from media to determine which stations are working best. This allows you to optimize your media schedule to get the most efficient results from your marketing dollars.
“I’m Already Tracking”
I hear from attorneys that they’re using different phone numbers for radio, TV, and digital. The problem is that this doesn’t provide us with as much valuable information as tracking by station. Some firms say their receptionist is asking callers where they heard of the attorney or firm. This approach is subjective and is not scientific. If you assign unique numbers for each station and you use a call log, you can pinpoint which media is getting you the best results.
Assigning unique numbers allows you to track:
- Performing and more importantly, underperforming media placements
- Current airings or when a show was recorded weeks earlier on a DVR
Now that we’ve shown the value of using unique numbers to track your responses, it’s important to know that not all unique numbers are the same. Phone numbers with repeating consecutive numbers (such as 244-5566) are more memorable than a string of non-repeating numbers.
800 vs. 866
When you’re choosing a toll-free number, you have 7 prefix options (800, 888, 877, 866, 855, 844, and 833). At the end of the day, the only one you want is (800). Research shows that 1-800 numbers are more memorable than the other prefixes. Using a number other than (800) is like using a “.net” instead of a “.com” for your website.
Tradeoffs When You Don’t Use Unique Numbers
When you use vanity numbers for your mass tort campaign, you’re losing visibility to see which stations are working well and which are not performing as well. By assigning a number for each unique station, you can track costs, response, and quality of response. You can then use that information to adjust your media schedule to placements that are more likely to bring you the results you want. The ability to gauge performance is at the core of successful response-driven marketing, which turns marketing into a science.
Are you ready to track results from your campaign? Contact us here to find out how CAMG can help you use unique numbers to track results or call (800) 200-CAMG.
Mass Torts: From Intake to Review
Running a mass tort campaign requires managing many moving parts. Because of the volume of cases in a mass tort, the process can be overwhelming if you don’t have an effective system in place. Let’s walk through the best practices for each step, from intake through medical record review.
The Intake Process
The intake process serves two purposes. It’s the first step to prequalifying prospective clients. It’s also your first chance to make a positive impression and to build trust. Responsiveness and timeliness when responding to calls and requests are critical. According to an ABA Benchmark Study on Law Firm Intake Process, one in three calls went straight to voicemail and 42% of law firms took 3 to 4 days to respond to a voicemail or web form. When your firm doesn’t respond in a timely manner, you may lose that prospective client to a competitor.
Once callers have established contact with your firm, calls should be treated with empathy and professionalism. The ABA Benchmark Study showed over 40% of callers reported the people answering the phone were not at all empathetic.
The intake process is a two-way street, introducing prospective clients to your firm and prequalifying callers. Your firm needs an efficient way to prequalify prospective clients and to take leads from initial contact to signed contracts.
Best practices for intake and case screening:
- Provide 24/7 coverage
- Ensure every call is answered; do not abandon calls
- Connect your callers to a live representative immediately
- Limit hold times and avoid complicated phone trees
- Use current and efficient intake scripts
- Collect only what you need to move your case along
- Speed your client into contract
Handling intake in-house can challenge your firm’s personnel and resources. Many firms choose to outsource the intake process to increase productivity. Partnering with the right call center and legal intake experts can help you streamline the process, allowing you to increase your conversion rate and number of opened cases.
Getting Contracts Sent Out and Returned
Once you’ve completed the intake process, your goal is to convert qualified leads into signed clients. Some firms may choose to use digital contract packets and e-signatures. Digital copies are fast and efficient but there may be issues during medical record retrieval. Hard-copy contract packets avoid issues during medical record retrieval but will have slightly longer turnaround times and shipping costs.
Best practices for getting contracts sent out and returned:
- Assemble a packet that will yield a high conversion
- Less is more
- Include both HIPAA and HITECH forms; capture only signature, DOB & SSN
- Questionnaire should be just enough to follow up with medical records retrieval
- Overnight packets/dockets to clients
- Make a connection within the first 24 hours and call 3 to 5 times a day until contact is made
- Pursue aggressive follow-up. About 75% of cases sign within the first 14 days; nearly 90% sign within the first 30 days of intake
Speed, time, and efficiency are critical to contract processing. Follow-up is essential to getting contracts returned quickly. It’s important to understand the resources you need and staffing requirements. Outsourcing your contract processing can be an expedient solution to getting your contracts signed.
Medical Record Retrieval
Once you have received your signed contract packets, you will begin the initial medical records retrieval to determine if you have a case.
Best practices for retrieving medical records:
- Know whether to use HIPAA or HITECH
- Verify the request is sent to the right facility and using the correct method
- Confirm the facility has received the request and get information regarding when the request is expected to be fulfilled
- Review the records once they are received to make sure you have the records you need
- Remember to use a secure, HIPAA compliant process to manage medical records
Medical Record Review
Reviewing medical records is essential when you’re screening hundreds of mass tort plaintiffs and to understand the complexities of your case.
Best practices for medical record review:
- Bookmark and tag relevant information
- Arrange medical events in chronological order to identify proof of usage and injury for mass tort cases
- Identify any missing information, as well as whether the prospective client is eligible
- Get expert opinions, if needed
The Bottom Line
Running a mass tort campaign can challenge your staff and resources. Setting your intake criteria, prequalifying calls, handling contracts, and retrieving medical records all take great effort and oversight. Everything your firm does must be compliant with security and privacy standards. At CAMG, we offer seamlessly integrated services to move you through each step of the process, saving you time and money.
Find out more about our intake services, contract services or our medical records division by speaking with one of our sales associates at (800) 200-CAMG or reach out to us here (Contact form link).
Data Dive: Demographics and Top Mass Torts
Setting a demographic profile is a crucial step in planning a mass tort campaign. At CAMG, we start by setting a broad target, considering age range and gender. Then, we look at Scarborough data to match targeted consumer behaviors to likelihood of media consumption. A division of Nielsen, Scarborough provides qualitative market research based on consumer surveys. With Scarborough, we can set specific characteristics for a target demographic in order to determine likelihood of media consumption, including:
- Broadcast Networks
- Cable TV Networks
- Radio Stations
- Days and Dayparts
We can use this information to guide our media buying decisions. Once a campaign is running, we can track and utilize performance data, but it all starts by setting a target demographic. A high index refers to affinity or likelihood a demographic target is to consume a particular type of media.
Let’s look at the demographic indexes for several of our top mass torts, based on Scarborough Demographic Analysis.
3M Military Earplugs
From 2013-2015, Dual-Ended Combat Arms™ earplugs were issued as standard equipment to thousands of U.S. soldiers. Due to a design defect, the earplugs left soldiers at increased risk for full or partial hearing loss and tinnitus. The 3M Company paid $9.1 million to settle allegations the company was aware of the design flaw but failed to disclose the design defects when selling the earplugs to the military.
For 3M Military Earplug Litigation, the demographic stats would be high index for black/African American males.
Media consumption habits for this target index:
- Cable TV Networks: Adult Swim, Destination America, Disney Channel, DIY Network, NHL Network, AXS TV, NFL Redzone
- TV Programming: Kids Shows, Drama, Comedies, Science Fiction, Food/Cooking Shows, Reality – Talent
Essure is a permanent birth control device that was implanted in more than half a million American women before the manufacturer Bayer discontinued U.S. sales in December 2018. Two metal coils implanted in the fallopian tubes would cause scarring that would prevent fertilization. The Essure lawsuit claims that the manufacturer and seller hid evidence of the risks associated with the device, including autoimmune response, chronic pelvic pain, migration of the device, perforation, required surgery, and death.
For Essure litigation, the demographic stats would be high-index for women, 18-49.
Media consumption habits for this target index:
- Cable TV Networks: TeenNick, Nick Jr., MTV, Nick at Nite, VH1, Nick
- TV Programming: Reality – Dating, Kids Shows, Novelas, Reality – Talent, Dramas, Food/Cooking Shows
Manufacturers of hernia mesh are facing lawsuits claiming complications from the use of mesh in surgical procedures to address hernias. 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.
For Hernia Mesh campaigns, the demographic stats would be slightly higher index for men and white index highest for the target. The target index would be adults 35+ who have received emergency room services in the past 3 years.
Media consumption habits for this target index:
- Cable TV Networks: TCM (Turner Classic Movies), CI (Crime & Investigation Network), MSNBC, Outdoor Channel, We TV, CMT (Country Music Television)
- TV Programming: Religious, National/Network News, Daytime Talk Shows, Daytime Soap Operas, Local News – Evening, Local News – Morning
Inferior Cava (IVC) filters have been used by physicians since the late 1960s to prevent pulmonary embolisms. An optional retrievable filter introduced a few years ago is more practical for trauma and bariatric patients but not without risks. These new filters have been associated with complications such as filter migration, fracture, perforation of organs, hemorrhage, ventricular tachycardia, and surgery.
For IVC filter campaigns, the demographic stats are slightly higher for men and white index highest for the target. The target index would be adults 55+ who received hospital service.
Media consumption habits for this target index:
- Cable TV Networks: TCM (Turner Classic Movies), WGN America, INSP (Inspiration Network), MSNBC, The Weather Channel, Golf Channel
- TV Programming: Religious, National Network News, Daytime Soap Operas, Daytime Talk Shows, Local News – Evening, Local News – Morning
Roundup Weed and Grass Killer is a glyphosate-based herbicide produced by The Monsanto Company, which was acquired by Bayer AG in 2018. Since 1974, the herbicide has been sold to kill weeds without harming crops and plants. The World Health Organization’s International Agency for Research on Cancer has classified glyphosate as a possible carcinogenic chemical. Monsanto has marketed Roundup as a safe product for decades, despite concerns about a link between glyphosate and non-Hodgkin lymphoma, as well as other cancers.
For Roundup campaigns, the demographic stats are higher for men, with white indexes highest for the target. The target index is adults 25+ who take care of their lawns, have purchased lawn/gardening items and have had cancer/oncology medical services.
Media consumption habits for this target index:
- Cable TV Networks: Golf Channel, AXS TV, ESPN University, Big Ten Network, Tennis Channel, SEC Network, National Geographic Channel
- TV Programming: News, Sports, Documentaries, Daytime Soap Operas, Reality
Reuters reported in December 2018 that Johnson & Johnson concealed information for decades that its baby powder products were sometimes tainted with asbestos. Over 9,000 lawsuits are pending against Johnson & Johnson, alleging the company failed to warn customers and the medical community about an increased risk of ovarian cancer when women applied talcum powder to the genital area.
In 2005, Sanofi-Aventis issued a warning about irreversible alopecia on package labels for Taxotere (Docetaxel) in the European Union and in Canada but did not include warnings on U.S. labels until a decade later. Currently, thousands of lawsuits are pending against Sanofi-Aventis, alleging that the company failed to warn patients about the risks of permanent alopecia.
Talc and Taxotere campaigns share the same demographic stats and target indexes. The demographic stats are high index for women with white index highest for the target. The target index is women 35+ who have had cancer/oncology medical services.
Media consumption habits for this target index:
- Cable TV Networks: Inspiration Network, Crime & Investigation, Hallmark Channel, OWN, Turner Classic Movies (TCM), Lifetime Movie Network, CNN Headline News, Oxygen
- TV Programming: News, Sports, Documentaries, Daytime Soap Operas, Reality
Valsartan is an oral medication used to treat high blood pressure and congestive heart failure. The FDA issued a number of recalls after detecting trace amounts of NDMA and other probable carcinogens. The Environmental Protection Agency (EPA) classifies NDMA as a probable human carcinogen and says exposure to high levels of NDMA may cause liver damage.
The demographic stats for Valsartan campaigns are about even for men and women, with men slightly higher. White indexes are the highest for this target. The target index is adults 55+ who bought Rx high blood pressure medication OR had cardiac care.
Media consumption habits for this target index:
- Cable TV Networks: Turner Classic Movies (TCM), The Inspiration Network (INSP), FOX Business Network, Golf Channel, Hallmark Channel, The Weather Channel
- TV Programming: Religious, Daytime Soap Operas, National/Network News, Local News – Evening, Daytime Talk Shows, Local News – Morning
Applying Demographic Data to Your Campaign
In order to stay competitive in your market, you need to run efficient, response-driven campaigns. Setting your target audience by using the most current research streamlines your approach to hit your directed audience, which boosts your odds of success. At CAMG, our experienced media team utilizes comprehensive data to fully understand target audiences in every practice area. We put together our monthly Legal Marketing Index® to provide you with up-to-date demographic information, data, and trends that you can use in your campaign. Click here to see the latest LMI.
ISSUE 4 MTMP Special Edition
Welcome to 2019 MTMP, the April edition. Steve Nober Live from MTMP. We wanted to give you an update on how the show went. I think they had a record attendance, three days of amazing networking, discussions, and conference updates for all the litigations.
Never before has there been so much positive activity around the top four litigations, Talc, Hernia Mesh, IVC, and Roundup. Each one had really interesting updates on the plaintiff side. A lot of attendees are very bullish on these litigations.
Plus, 3M caused an uproar; hundreds of firms are eager to find out more information about the 3M Earplug litigation. Valsartan is one of the mass torts firms are looking at a lot more seriously.
Behind me, this is the new CAMG mega-wall. We’ve taken interesting data on the top litigations and a lot of our services. We’ve put all of this on a beautiful 40-foot by 14-foot high-resolution video wall. We wanted everyone to take a look like you’re here at MTMP.
A really successful week at MTMP. Check out a video we’re going to share later with Mike Papantonio.
I’ll see you guys at the next show.
Steve Nober speaks on two panels at MTMP
Finding Mass Tort Clients
“Everyone should have a digital component to their mass tort marketing, for branding in their local market. However, if you really want to scale at the lowest cost, TV is much more predictable, whether your objective is 50 cases or 110. The key to making TV work is different from the approach of buying gross points or reach and frequency. If you want the most cost-effective means to get cases, the key is metrics.”
Guerrilla Marketing vs. TV vs. Digital vs. Billboards
“Internet and digital are a fundamental addition to your marketing strategy. You absolutely should have a landing page, qualifying questions, and a form to fill out. But as soon as you need a significant number of cases, TV is more predictable, if you price what you’re buying based on response. There are still 120 million households in the U.S. watching TV. As long as people are watching TV, we can make TV work because the price is right. The quality of calls is great. I couldn’t be happier with the results.”
The CAMG Team on MTMP
Jessica Burdine Hall, Senior Director of Business Development
The spring MTMP was one of the strongest conferences I’ve attended. The attendance seemed off the charts and firms seemed more eager than ever to dive into specific litigations. I saw tons of talk and volume of activity with the BIG 4, Roundup, Talc, Hernia Mesh, and IVC.
There was also lots of buzz and movement happening around 3M Military Earplugs and with Valsartan. Firms seemed optimistic about the most recent Roundup trials and Xarelto settlement.
Chris Princis, VP, Business Development
The Spring MTMP was excellent, the busiest to date. Everyone was talking about our video screen. It caused a lot of buzz. I saw lots of interest in Hernia Mesh. Folks were also interested in the up-and-comers. After Steve’s talk about upcoming litigations, people were asking about surgical staples and Truvada. Overall, Steve’s presentation showed the latest and greatest on how analytics were going for Hernia Mesh, Roundup, 3M, and Talc. People want to know exactly what’s going on. Also, the talk with Pap was excellent.
Joseph Wahl, Director, Business Development
I really enjoyed seeing all of our clients at the MTMP Spectacular Spring Conference but especially meeting all the new lawyers who attended the event. Fantastic job once again, Levin Papantonio! Compelling speakers, great exhibitors, fantastic hotel, wonderful and fun events…what more could you ask for!
It was great connecting with leadership at MTMP. Getting the lowdown and inside track on litigations early in their cycle is important to us and our clients.
Daniel Donnelly, Director of Business Development
I've heard from several folks since MTMP that they absolutely loved Steve and Pap's Friday morning presentation and they'd like to see that become a regular fixture at MTMP. The most buzz has been for Roundup in my opinion. Mesh and Earplugs also look to be the hot torts right now.
Jenn Robertson, Senior Vice President, Business Development
This spring’s MTMP was impressive. The turnout was awesome, and I think all the attorneys who attended Friday’s Q & A with Mike Papantonio really appreciated Steve’s dive into the data and analytics of the torts. Papantonio shared lots of great valuable info about mass tort litigation and marketing.
The biggest buzz at MTMP was the Roundup verdict of $80M and 3M Defective Military Earplugs going to Judge Rodgers In Pensacola. People also seemed interested in some of the new litigations, as well as Hernia Mesh.
Mike Riemann, Director of Business Development
The talk of the show seemed to be 3M earplugs. There appeared to be lots of interest in getting into that litigation. The big news at the Friday seminar with Steve and Mike Papantonio was Mike’s endorsement of Hernia Mesh as the tort to get into and CAMG’s unique infomercial medium as the way to reach the plaintiffs.
Brian Mahany, Mahany Law, collects his winnings in the CAMG booth. Congrats, Brian!
Congratulations to CAMG MTMP Winners!
CAMG sends congratulations to our winners at MTMP! Ross Massey of Alexander Shunnarah Personal Injury won our $2,500 business card drawing and Brian Mahany, Mahany Law, won our $2,500 Twitter Mention contest.
If you missed the Q & A, we’re bringing you highlights here.
How to Pick Mass Tort Litigations
Steve Nober: It’s dizzying to see all the litigations and updates. There’s a lot at once, so when the firms come in here and try to pick which one or two or three, there’s no easy answer. I think we’re here to try to figure it all out. How do you and your firm pick the litigations you decide to move on?
Mike Papantonio: We have an entire committee that does that. We have scientists who help us with that; we have doctors who help. We do the same thing as Wall Street does. We do an analysis.
The way we do that is information. Information is power. You don’t pick it up at a local seminar. What we try to do here is build around that. You have to analyze like we do. I have a checklist. I think what I’m going to do is bring that checklist to the next program. It’s a very sophisticated checklist.
What’s the setting? Where is it? Who are the defendants? What kind of insurance policy do they have, a defense policy vs. a compensation policy? Who are the defense lawyers? All that stuff is part of the evaluation, just like Steve’s been doing with you. That’s real thinking. You can’t do it in a knee-jerk way. It’s not sustainable.
When Is It Too Late to Get Into a Litigation?
Steve Nober: Touching on that, you made a comment earlier about being first in and getting Roundup for $50. Firms come to me all the time and many think it’s too late to get into Hernia Mesh; too late to get into Roundup now; too late to get into IVC. I always say it’s too late to get to file any more when there’s a settlement or it’s too late when the acquisition costs get higher than you think makes sense to go get more cases. So, on the comment earlier of being early, mid-stage, late, all these lawyers in the room and other firms are trying to figure out timing. The question is about the strategy. Obviously, there’s a higher risk to get in early vs. mid-stage or late. There are different costs. How do you approach not being worried about if it’s too late or what the costs are? What are your thoughts?
Mike Papantonio: Timing this thing is like Wall Street, the stock market. How do you time anything? Am I going to sell Apple today and maybe take a profit, get back in? This is no different. That’s how we evaluate everything we look at, like it’s a broad stock market and our job is to evaluate. You’re never too late to anything, depending on how committed you are. Let’s say you’re three months into something and the prices are going up. It looks like the committee is put together. Some of you just don’t tolerate that. Don’t try to time it.
How to Pick Co-Counsel
Steve Nober: A lot of firms look to co-counsel, and Levin being on top of that list of great firms to work with. What advice can you give? My guess is three-quarters of the firms that attend MTMP are looking to get into cases and find the right partner to co-counsel with. Advice or thoughts on what they should look for in finding the right partner?
Mike Papantonio: The people you partner with have got to have a stake in your future. They’ve got to say, “I want to do business with you.” The people in this room didn’t just happen. We’ve made a lot of money for most of these people. That’s the way you ought to have a relationship with whomever you’re doing business with. If it’s all about “Give me your case” like you’re some sort of entity, you can’t do business with these people. That’s immediate gratification and this is a long game.
You have to build a relationship with these people that you feel good about. You want to sit down and talk with them. It’s not about me, me, me. Check them out to see if they’ve had any fee disputes. If they have, don’t do any business with them, zero tolerance. You need to know that if things don’t go well on a project, they’re going to take care of you before they take care of themselves. If they won’t, you should not be doing business with them, period.
Before we do business with anyone, we do our due diligence. It’s a two-way street. If we’ve got a sense that they’ve got everything riding on this, and they don’t have a long-term history for success, we do not put our cases with them.
Quality of Cases
Steve Nober: Marketing is a necessary means to acquire cases in this industry. I think there’s no way around it. But it’s impacting the litigations. An even further complicator to add to this question is the quality of cases being filed. I’m curious about your thoughts on the impact of marketing as it relates to these cases, as well as advice to this group on the quality of filings and the impact on litigations.
Mike Papantonio: Think of your inventory when settlement takes place. You’re going to have a high-end and low-end settlement. If you have a hundred cases, the defendant wants to know, “What is my average payout for those hundred cases?” If you’ve got 70 cases and they’re all pristine, that can be good or bad because all of a sudden, your averages jump way up because you’ve got 70 top-end cases.
You never load up with low-end cases. They don’t do anything for your clients. That’s just a dumbing down of what you’re paying your clients. Your best bet is upper-end and mid-level. If you just want a lot of cases, you’re killing yourself, you’re killing the mass tort process. This idea of I’m going to get a bunch of cases and warehouse them, baby, those days are gone.
Advertising: Local or National?
Audience Question: Let’s say someone came all the way from Hawaii and wanted to get into earplugs and has not done mass torts before. In your advertising, would it be local advertising?
Steve Nober: The marketing answer to your question is, if you had a co-counsel partner for Valsartan or Mesh, it’s a national MDL. We could run an ad through the entire country and Hawaii. We’d put the disclosure that’s compliant for you in Hawaii. It’s a lot more efficient to run the whole country. We could run in Hawaii. I run asbestos campaigns just in Hawaii. It’s more of a question about your objectives and deciding what marketing makes sense.
Audience Question: Speaking about advertising, can a group of firms advertise?
Mike Papantonio: That’s wonderful! Anyone trying to move into this business, why try to do this by yourself? Yesterday, I met with a group of trial lawyers who told me none of them had $2 million to put out. I told them, “No, you do.” Everyone pools their money together. The first project, you take a little less. Everybody splits up. What you’re doing is creating new relationships you didn’t have. This whole business is about relationships. There’s strength in numbers. They feel empowered. They have three people, five people, whatever. They’re collectively putting in their money. The great thing about Steve is that I send new lawyers to him all the time because he works with them.
Steve Nober: From the marketing side, yes, we can help put partnerships together. Often, it’s a business decision where you and other firms might have already discussed. Your co-counsel lead may already have a consortium they’ve put together. I bet 30 to 40 percent of our business is some sort of partnerships that are coming together to do their marketing. There are some benefits to that on the marketing side, as well.
Where to Go Next?
Audience Question: Where does someone go who’s been doing this for 5 or 6 years? They dip their toes in a few projects. They have worked with some marketing partners, some litigation partners. They’ve kind of found their way and they want to do a little more. What is the next step?
Mike Papantonio: You demand it. For example, the people I work with, at first, they want to give me their cases. They want to make money while they sleep and they want to observe what it’s all about. Then, they say, “Well, I’m not really comfortable doing that. I’m a trial lawyer. I want to participate in the solution. When somebody says, “Pap, I’m ready to do this. I want to be in the newspaper in my hometown, to get the verdict,” we invest totally in you.
It Doesn’t Matter Where You Live. You’ll Be Trying the Case Elsewhere.
Audience Question: Our team is a boutique firm known for our medical malpractice work. We also have one partner who does single event product work. We’re trying to expand our reputation by linking our expansion of our product work in the medical device field. We’re in Fairfield County, Connecticut, next to New York but not the New York market. We’re a bedroom community for hedge fund and the financial district. If you were us, where would you be heading? Sounds to me like Hernia Mesh, IVC Filter?
Mike Papantonio: I’d be going all over Hernia Mesh. I’d do some IVC Filter but if you’re asking me what you walk out of here with, it’s Hernia Mesh. You know what’s so wonderful about this business? It doesn’t matter where you live. You’re going to be trying the case elsewhere. It doesn’t have to be local. Go anywhere you want, unless you want Steve to put you in a pocket. Then, put your cases in the MDL, and say, “I want to do more.”
Audience Question: We’re from El Paso and we have the biggest military base. A lot of our clients already have hearing problems as a result of the earplugs. We’ve seen this trend going on for a while, the depression, the PTSD, all of it. What would you recommend we do?
Steve Nober: If you decide to get 3M cases, it’s a national thing. I would add, if your firm has real brand value in the community, local marketing can maybe get you cases at a cost that makes sense because you can leverage your brand. It never makes sense to be local unless you’re in that situation. It’s a national thing, for sure.
Mike Papantonio has received numerous multi-million-dollar verdicts on behalf of plaintiffs throughout his career. His award-winning handling of thousands of mass tort cases throughout the country has helped make Levin Papantonio one of the largest plaintiff law firms in the United States.
Mike “Pap” Papantonio sat down with CAMG to share some of his mass tort strategies. Read the highlights here.
Trial Strategies by Mike Papantonio
The founder of Mass Torts Made Perfect, Mike Papantonio is a Senior Partner at Levin Papantonio, where he has received numerous multi-million dollar verdicts.
The Trial Lawyer Hall of Fame inductee is the host of the international television show, “America’s Lawyer”, as well as a host of “The Ring of Fire Network”, a nationally syndicated radio show. Mike Papantonio has authored four motivational books for lawyers, as well as a series of legal thrillers.
The Power of the CAMG Infomercial
When you hear the term “infomercial,” you might think of channel-surfing while a spokesperson shows you the benefits of the P90X workout system or the Shamwow, but the long-form commercial format is also an effective tool for legal marketing.
An Opportunity for Lawyers to Differentiate
“The infomercial is underutilized. I think most lawyers and law firms don’t realize the power of the infomercial and the opportunity,” says Consumer Attorney Marketing Group President and CEO Steve Nober. “No agencies other than CAMG are producing infomercials for legal marketing, so it’s an opportunity for lawyers to really be different.”
Legendary mass tort attorney Mike Papantonio agrees. “What I see CAMG doing with the infomercial is spectacular. Sitting down and talking about an issue is the most effective thing because when you do that, you create a personality, a brand. That’s exactly how we brand everything at Levin Papantonio,” he says. “Most of you attorneys have wonderful personalities and leadership characteristics. People want to hear what you have to say. There’s something about the way you say it that gives people a sense of comfort.”
The CAMG Infomercial
The infomercial format allows attorneys to delve deep into one mass tort, a combination of several torts, or even to highlight a firm. “You have a half-hour of uninterrupted time. To be specific, it’s 28 minutes and 30 seconds, but it’s considered a half-hour so you can have your own programming. You can put commercials in the middle,” explains Nober. “With mass torts, we run 5 or 6-minute segments on different litigations, all the way through a committed, dedicated half-hour on just one litigation. We can rotate which segments we want to put together in any particular week.”
If the firm is running an infomercial that showcases multiple litigations, CAMG uses an ESPN-style ticker to show upcoming segments. “If the consumers are not interested in what’s on now, they can look on the left of the screen to see that Hernia Mesh is going to be talked about in a few minutes, so they might stay tuned,” says Nober. “The ticker lets them know everything that’s going to be covered in the half-hour.”
A Complement to Traditional Advertising That Goes Beyond Marketing
Mike Papantonio sees the infomercial as a complement to traditional advertising. “Both of these formats are important but if I were to pick one thing that we’ve used to brand our law firm, which has been around for 66 years, it’s this vehicle. There’s a sense out there by the American public that corporations aren’t doing things in our best interest. When you sit down and talk to them in a setting like this, it creates an image for you. I would definitely put the CAMG infomercial format in what you do. I would institutionalize it in my law firm and make it a brand of my firm.”
Papantonio says the infomercial format goes beyond being an effective marketing tool. “Here’s the other thing that happens. Somebody turns on the station, I don’t care if it’s 2:00 in the morning from a hospital bed, they’re watching you talk to them. You’re having a really positive impact, culturally. You’re telling a story that you can’t tell in 30 seconds,” he notes. “You’re really talking about how bad the case is, rather than selling something. You can sell – I’m not critical of the ad. We run plenty of ads with CAMG. You have to do a combination. I think you’ll feel better about yourself as a lawyer.”
Unbelievably Valuable for Mass Torts and Single Events
Nober adds, “In mass torts, it’s unbelievably valuable to have more time to explain the victims, the manufacturers, what went wrong, the status of the litigation. Consumers can really understand a lot more about the problem and what they can do about it. Between that ticker and putting segments together, it’s a powerful tool we use for mass torts.”
The infomercial format can also be an effective strategy to market firms in the single event space. “It’s a powerful tool that firms can be leveraging locally and nationally,” says Nober. “We can produce a half-hour with lawyers talking about their firm, auto accidents, what makes them different, interviews and testimonials, sound bites from the lawyers. It’s amazing how much we can put into a half-hour.”
“There’s rarely a law firm that’s taking advantage of producing, buying, and running media in a half-hour,” shares Nober. “That’s why the half-hour is misunderstood. Nobody realizes the opportunity with it, and we’re running with it. We’re just starting to spread the message out.”