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"Get Cash Now!" Lawsuit funding firms make big TV ad push

6/30/2014

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“If you’re sitting on a structured settlement, you’re sitting on a pile of cash…”

“Oasis provides clients the money they need for bills and living expenses long before their cases may settle...”

“With Peachtree money does grow on trees...”


JG Wentworth, Oasis Legal Finance, Peachtree and other alternative litigation financing firms made pitches like this in over 16,000 TV advertisements broadcast thus far in 2014.

By offering cash advances, typically to plaintiffs, to be repaid from litigation proceeds, alternative litigation financing -- also known as third-party litigation financing, lawsuit advances or pre-settlement funding -- plays an increasingly common and controversial role in mass tort litigation.

Like many mass tort plaintiffs' law firms, pre-settlement funding firms spend millions every month -- including $5.8 million spent in May on over 3,800 ads -- to attract new clients as shown in the graph below.


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Debate over the role of alternative litigation financing in the litigation process has opened up a new front in the mass tort wars.  

The plaintiffs’ bar -- as explained by the President of the American Association for Justice, the plaintiffs’ trial lawyers’ group -- argues that alternative litigation financing provides “an avenue for consumers and commercial plaintiffs to undertake cases that would otherwise be too costly” and “level[s] the field against well-funded defendants.”

While the US Chamber of Commerce’s Institute for Legal Reform claims that the financing “threatens to undermine the administration of justice” by increasing the volume of litigation, prolonging lawsuits, reducing plaintiffs’ control over their case, and creating ethical conflicts for plaintiffs’ attorneys.
Sample Alternative Litigation Financing Ads:
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Risperdal remains top target of plaintiffs' lawyer ads 

5/27/2014

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April marked the seventh month in a row that plaintiffs’ attorney advertisers spent over $3 million on ads seeking claims related to Risperdal, an antipsychotic drug by Janssen Pharmaceuticals, a unit of Johnson & Johnson.  


The drug has been among the top two drugs or medical devices targeted in mass tort ads since October 2013.

Nearly 6,000 Risperdal mass tort ads ran in April. Over 85% of ad spending was devoted to ads aired on national cable and broadcast networks.  The law firms of Pulaski & Middleman and Meyer Blair spent more on Risperdal ads than all other law firms combined.

In early November, Johnson & Johnson agreed to pay more than $2.2 billion in criminal and civil fines to settle accusations that is improperly promoted Risperdal to older adults, children and people with disabilities.

According to court records, Janssen has reached settlements in some 80 Risperdal suits in Philadelphia. Trials in a new set of cases are expected to begin in July.


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Relentless  advertising suggests no end in sight for pelvic mesh litigation

4/28/2014

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With over $2 million spent on nearly 7,000 ads, March marked the 11th consecutive month that pelvic (transvaginal) mesh products were among the top three products targeted in plaintiffs' attorney television advertisements.   

The continued prominence of this advertising indicates that the manufacturers of pelvic mesh products -- although already facing thousands of claims nationwide -- should not expect a reprieve from further litigation any time soon.

As indicated by the map below showing advertising activity over the past 6 months, pelvic mesh attorney ads are broadcast in nearly every local media market in the country. 

Over 50,000 pelvic mesh ads have been broadcast over the past year. The great majority of advertising spending was devoted to ads aired on national cable and broadcast networks.  Just five law firms accounted for over two-thirds of all ad spending.

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Number of Pelvic Mesh Attorney Ads by US Local Media Market, October 2013 - March 2014
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Key: 1 ad                                                                                                                   800 ads
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Massive "Low T" attorney ad buys signal mass tort tsunami

3/30/2014

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Estimated spending on Attorney TV advertising:

J
anuary: $130K
February: $1.7M
Over 5,000 testosterone therapy product liability ads ran on television in February following the FDA's announcement of an investigation into possible health risks associated with the drugs. 

This advertising blitz and the recent appearance of lawsuits against the manufacturers of these drugs signals the coming of protracted and widespread multidistrict and mass tort litigation over these products.

Estimated spending on these ads increased by nearly 1200% over spending in January.

Most of the TV ads referred to testosterone treatments generally -- although some mentioned the market leader AndroGel (AbbVie) and Axiron (Lilly) by name.

Video of some recent attorney testosterone ads are below:

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Law firms target fracking and energy claims in TV ads

2/27/2014

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Law firms around the country have capitalized on the domestic energy boom by aggressively seeking victims harmed by hydraulic fracturing ("fracking") and other aspects of energy exploration. As reflected in the chart above, nearly 200 ads focused on claims against the energy industry aired in Louisiana in December.  In addition, similar ads ran in Texas, Alaska and the midwest.  

Some of the ads -- like the one below aired by the firm of Simien & Simien in Louisiana -- seek environmental contamination claims against oil drilling or pipeline companies.  While others, like the second ad below -- run by Michael J. O'Connor & Associates in Pennsylvania -- target those injured as a result of working in the fracking or oil exploration industries.
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BP oil spill ads decline 

12/23/2013

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Estimated spending on legal television advertising seeking claimants for compensation related to the 2010 Gulf of Mexico oil spill continued to decline in October following its peak in July.  

Twenty-five law firms have spent nearly $1.6 million on over 15,000 ads related to BP oil spill claims from the beginning of 2013 through the end of October.  Monthly spending on these ads peaked in April at $212,000 and dropped to its lowest point in October when just over $64,000 was spent - a decline of 70%.  

Not surprisingly, BP oil spill ads have clustered on those media markets around the Gulf of Mexico with the greatest amounts spent on ads in Mobile and Birmingham, Alabama, Biloxi, Mississippi and Tampa, Florida.

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Dialysis product ads down from early 2013

10/29/2013

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Estimated spending on attorney television advertising targeting users of the dialysis products Granuflo and Naturalyte declined in September by 32% from August to September and by more than half since the beginning of the year.

Manufactured by Fresenius Medical Care -- the nation's largest dialysis provider, Granuflo and Naturalyte were used in the treatment of acute and chronic renal failure during hemodialysis and were subject to an FDA recall in March 2012.

Despite this decline, Granuflo and Naturalyte have consistently been among the top 5 drug or medical devices targeted in attorney advertising.  In 2013, nearly $9 million has been spent on approximately 75,000 ads broadcast through the end of September.

Nearly half (47%) of all spending on Granuflo/Naturalyte ads this year has been devoted to advertisements on national broadcast and cable networks.

Two law firms -- Davis & Crump and Feazell & Tighe -- have accounted for about 37% of all attorney advertising spending targeting Granuflo and Naturalyte.

Click the images below to view sample Granuflo and Naturalye ads:
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Asbestos & mesothelioma ads dip after early summer spike

9/30/2013

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Spending on mesothelioma and asbestos legal ads declined in August following steep monthly increases in June and July. Spending has still not returned to the levels of the beginning of the year though. (See graph above)

This year, over $21 million has been spent on mesothelioma and asbestos-related legal ads through the end of August

Law firms purchasing these ads cast a wide net in their efforts to attract potential claimants. Two-thirds of asbestos advertising spending has been devoted to national cable and broadcast networks. Just over 10 percent of 2013 asbestos legal advertising spending has been spent in the nation's largest media market -- New York City.

Click the images below to view sample mesothelioma and asbestos ads:
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