Mass torts can be one of the most profitable opportunities out there for law firms that want to invest, grow, and aim for maximum potential. What are the newest and hottest torts in 2021? How can you approach them through digital marketing, and what are the most recent developments? 

Last summer, in July ‘20, we came up with our complete guide on the top Mass Torts you shouldn’t miss in 2020. Based on the reception it got and our strong belief in mass tort’s digital marketing potential, we’ve come out with our new guide, highlighting the top lawsuits to follow and potentially get involved in in 2021. We’d like to point out again that mass torts aren’t “money in the bank,” and it’s not by chance that experts often compare them to the stock market. Reviewing the specifics, understanding the complications, and analyzing the potential and desired ROI is key to your law firm’s success with mass torts digital marketing. Not every lawsuit is successful, and you should treat them as a business decision investing any excess funds.

Fact: We aren’t promoting any specific Mass Tort; we are exploring the top options and reviewing their potential for growth through a digital marketing approach.

  • Ongoing Torts

1. Zantac

We’ve talked about Zantac and even included it in our 2020 watchlist. This is a mature lawsuit that could be hard to get in if you’re not already involved. You might, however, keep an eye on the evolution of the case and be on the watch for updates as the MDL moves forward.

2. Hernia Mesh

This falls under the same category, with an active Hernia Mesh MDL. The reasons an individual may file a lawsuit are defective design, defects in manufacturing, and failure to warn.

Fact: MDLs are multi-district litigations, meaning that individual lawsuits filed in federal courts across the US are grouped and transferred to a federal court.

  • New and developing Torts

1. Valsartan

Valsartan is a blood pressure drug. The lawsuit is about individuals who received the medications to treat their health issues and got diagnosed with cancer. The lawsuit alleges that Valsartan batches were contaminated with NDMA, which is a known potential carcinogen. Over three million people in the US receive medication containing Valsartan, creating a significant pool of people who could have been potentially exposed to the threat. In July 2018, the company recalled a batch, creating a wave of investigations. Over 1000 lots were recalled from that point on, and the lawsuit has been moving towards an MDL. If you’re interested in getting involved in the mass tort, we’d suggest you start with awareness campaigns to educate potentially interested parties and then capture leads.

2. Paragard

If you’re not familiar with Paragard, it is a small flexible T-shaped piece of plastic wrapped in copper that medical providers use as an implant (takes place in a clinic or doctor’s office) to prevent pregnancy for up to ten years. The intrauterine device (IUD) can be removed whenever a woman changes her mind and wants to have a baby. While IUDs are generally safe and effective, there has been growing unrest around Paragard. Lawsuits have been filed claiming that Paragard can be defective and that manufacturers failed to warn consumers about the risks involved, such as device breakage that can lead to injury. The three main claims include manufacturing and design defects, insufficient indication of breakage and injury risks, and possible manufacturer negligence. It is a relatively new case, but the search volumes have been on the rise, rising to about 8000 per month on Google. CPCs are still low, so this could be your chance for an early entry on this tort. Additionally, you could opt-in for awareness campaigns through social media such as Instagram or Facebook Ads for your law firm.

3. Clearview AI

This is a somewhat different lawsuit as it’s not about a medical device or pharmaceutical company but a tech company. Clearview is a software provider of face recognition AI that matches people’s faces to a database of 3b Internet-indexed images. According to the lawsuit, as filed by two immigration rights groups in California, “Clearview has provided thousands of governments, government agencies, and private entities access to its database, which they can use to identify people with dissident views, monitor their associations and track their speech.”. The lawsuit is relatively new, and it is still unclear how it will evolve, but this can be your best chance for an early-entry strategy. The search volumes are very low, under 1000 per month, but an awareness campaign can be the way to go again.

Tip: Earlier this year, Canada found Clearview AI illegal and asked the company to remove Canadians from the database, forcing them to ask for user-consent to use any biometric data. That could be a sign of further evolution with the case.

4. Belviq 

Belviq is a drug for weight loss, and there is a relatively new tort around it. The FDA initially approved the drug back in 2012. About a year ago, in February 2020, the FDA requested the company withdraw the drug voluntarily as it was related to potential cancer issues. According to the official announcement: “We are taking this action because we believe that the risks of lorcaserin outweigh its benefits based on our completed review of results from a randomized clinical trial assessing safety.” People who took Belviq are supposedly more prone to developing pancreatic, colorectal, and lung cancer. Shortly after the announcement last year, several claims were filed by people who used Belviq and suffered from cancer (after taking the drug). As we are still in the early stages, without having any verdicts or settlements, it might be an opportunity for law firms to catch the wave and benefit from an early-entrance. Search volumes are at around 1000 per month, which could be a good starting point. Again, if you combine it with an effective social media strategy, you can create awareness and attract the leads you’d need to get started with the Belviq tort.

5. Elmiron

Elmiron is a prescription drug treating discomfort or bladder pain associated with interstitial cystitis (IC), a chronic condition that causes bladder pain and/or pressure. Some of the most common side-effects of Elmiron are hair loss, diarrhea, or nausea. In some cases, it can also cause stomach pain/upset, headaches, and abdominal pain. Lately, the drug has been involved in claims associating Elmiron with an eye disorder called maculopathy and other human-retina disorders that can lead to blindness. The leading plaintiffs claim that Elmiron failed to warn users of the potential severity of the side effects and the risk of vision problems. The lawsuit is still in the very early stages, with a low number of cases filed and pending in federal and state courts. The potential, however, is that the number can drastically grow as thousands of individuals have used the drug for prolonged periods. Search volumes are at around 5000 per month on Google. There was a rise back in the Summer of 2020, but numbers are currently stable, and the size is considered significant for investment in Google ads for the tort. If you’re interested in getting involved with the Elmiron mass tort, we’d suggest you combine Google Ads and social media ads to attract prospective clients in the research stage while also creating awareness.

What are our top takeaways for the top Mass Torts in 2021?

  • Instagram and Facebook can be ideal for awareness campaigns for relatively newer and developing lawsuits that require a need to create awareness.
  • The Google Search Network is the perfect fit if you’re looking to attract prospects that are in later stages in their journey.
  • There are mature cases in the later stages of their journey that could be harder to get in now, as well as new or developing cases that could be your opportunity to catch the early wave and invest in torts that can yield a more significant ROI.