Posts Tagged ‘Mass Torts’

A Sketchy Lawsuit?

You know those toning shoes with the curved bottoms that are supposed to help your physique? Well, maybe that is not all they do. Skechers Shape-ups are the subject of a recent lawsuit according to ABC News. There are certainly quite a few people using these shoes. Heck, I have a pair. We will have to keep an eye on this to see if it becomes a mass tort opportunity that has any “legs” (sorry).

The QuickStrike™ program at Market Masters-Legal gives our licensees a real edge when it comes to advertising for mass tort cases on TV.

Recent Mass Tort News

The U.S. Food and Drug Administration (FDA) has released a Safety Communication regarding the risk of oral clefts in children born to mothers taking Topamax (topiramate) .

The Ft. Wayne, IN Journal Gazette reported on 2/18/11 that lawyers for Zimmer, Inc. have filed suit against some law firms who have advertised on TV and/or the web seeking clients related to the NexGen® knee replacement line and other products the company manufactures.

The FDA is warning against certain uses of Terbutaline (asthma drug) in pregnant women.

The prescription hair loss drug Propecia is the subject of a lawsuit filed against Merck & Co. According to a recent Hartford Courant report, the suit alleges that Merck & Co. has failed to fully disclose potential serious side effects.

Are These Mines Or Are They Mine Fields?

Mass Torts.

As one might expect, we get approached on a regular basis by major firms handling various pharmaceutical and product liability cases.  They have correctly identified the fact that our network of top TV advertisers around the country represents enormous potential for gathering new cases to refer to them.  When it seems warranted, we arrange a conference call for the mass tort firm to present the “opportunity” to any of our clients who may have interest.

In many instances, a blast of mass tort TV ads produces a high volume of calls.  Through the screening process, the numbers get reduced.  Additional factors lower the numbers even more.  Sometimes, all that is left standing are a few accepted cases.  So, is it worth it?

I recently received this email:

“This has been an interesting campaign.  We received lots of calls that seemed to qualify as a good potential case.  Was very happy with the call volume and quality.  However, after having people tested we ended up with only two cases that any litigation law firm would take.  Had to agree to only a 30% referral fee in order to get that firm to take them.  Wasn’t looking good to even get our money back.

Last week we found out that one case got settled with one out of two of the defendants (the client used two denture cream products).  That one half of a case settled for $2.4 million.  Needless to say, we are all very pleased.

Thanks for holding the conference call MML. ”


We always leave the decision to pursue a particular type of case up to our licensees.  For those who opt to go ahead with one, it is not uncommon for it to work out well.