MASS TORTS MARKETING UPDATE: SUMMER LawLytics Phone: (800) Website:

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1 1 MASS TORTS MARKETING UPDATE: SUMMER 2017 LawLytics Phone: (800) Website:

2 2 INTRODUCTION Victoria Blute LawLytics Community Manager

3 3 PRESENTING Admitted in WI in 1981 Sr. Legal Marketing Strategist, LawLytics Editor, The National Trial Lawyers Former Editor, Mass Tort Nexus Former Editor of Lawyers.com Former Editor of The ABA Journal Former Director of Marketing, Sidley Austin Legal marketing blogger Larry Bodine, JD Sr. Legal Marketing Strategist

4 4 WEBINAR OVERVIEW US Supreme Court decision limiting specific jurisdiction for mass torts in state courts Heading for settlement: Taxotere, IVC filter, Fluoroquinolones Case to watch: Xarelto Creating content to attract clients to your mass torts practice Using the 5 W s to generate new business online 3 elements of your online business development plan

5 5 RECENT US SUPREME COURT DECISION Bristol-Myers Squibb Co. v. Superior Court of California, decided June 19 Product liability case involves Plavix blood thinner in California state courts SCOTUS: No specific jurisdiction over corporation that isn t incorporated or headquartered in state

6 6 RECENT US SUPREME COURT DECISION For specific jurisdiction, must be an affiliation between the forum and the underlying controversy, principally an activity or an occurrence that takes place in the forum state.

7 7 RECENT US SUPREME COURT DECISION Suit must arise out of or relate to the defendant s conduct in the forum. Not enough for corporate defendant to have R&D facility, 250 sales reps, sales of 187 million Plavix pills in the state.

8 8 RECENT US SUPREME COURT DECISION Dismissals of non-missouri plaintiffs in 2 federal court cases in Missouri: 8 of 96 plaintiffs dismissed in cases over blood thinner Pradaxa 86 of 94 plaintiffs dismissed in cases over birth control device Essure. Note: these are non-mdl cases.

9 9 BEST PATH FORWARD FOR MASS TORTS PLAINTIFFS In state court, file suit: Where plaintiff ingested the bad drug. Where corporate defendant is headquartered or incorporated. Where corporate conduct gave rise to claim. However, state court may not be plaintiff-friendly.

10 10 BEST PATH FORWARD FOR MASS TORTS PLAINTIFFS Avoid state courts and file in federal MDL (multidistrict litigation docket). There are 233 MDLs where 125,298 cases are pending. Attorney can represent client located anywhere in US. Courts post short form complaints and plaintiff fact sheets. Enter an appearance, let the plaintiff s steering committee do all the work. Attorneys should devote their efforts to getting clients.

11 11 MASS TORTS HEADING FOR SETTLEMENT Taxotere IVC Filter Fluoroquinolones (FLQs)

12 12 TAXOTERE 1,272 cases filed Chief US District Court Judge Kurt D. Engelhardt Eastern District of Louisiana, MDL 2740 In re: Taxotere (Docetaxel) Products Liability Litigation

13 13 TAXOTERE Involves disfiguring permanent hair loss. Lawsuits involving Taxotere allege that the manufacturer, Sanofi-Aventis, failed to warn patients and physicians of the increased risks of permanent alopecia (loss of hair).

14 14 TAXOTERE Plaintiffs must have experienced hair loss for 6 months or longer; Must have been treated with Taxotere between Generic and brand-name claims can be filed. Regular continuous general settlement discussions

15 15 IVC FILTERS 2,342 cases Chief US District Court Judge Richard L. Young Southern District of Indiana, MDL 2570 In re: Cook Medical, Inc., IVC Filters marketing, Sales Practices and Products Liability Litigation

16 16 WHAT ARE IVC FILTERS? Small, cage-like devices Inserted into patient s body to capture blood clots and prevent them from reaching the lungs. These filters can cause serious injuries once implanted.

17 17 WHAT ARE IVC FILTERS? Lawsuits now underway to compensate victims for the following vein filter complications: Filter fragmentation Perforation of vessel wall Filter migration Pulmonary embolism Death

18 18 IVC FILTERS Judge is pressuring parties to settle in Cook Medical MDL. Ordered both sides to appear at 3 hearings with proposed settlement framework. 2 bellwether trials coming up on October 2, 2017: Celect filter Günther Tulip filter

19 19 FLUOROQUINOLONES (FLQs) 752 cases Chief US District Court Judge John R. Tunheim Minnesota, MDL 2642 In re: Fluoroquinolone Products Liability Litigation

20 20 FLUOROQUINOLONES (FLQs) Levaquin, Cipro and Avelox antibacterial drugs Causes peripheral neuropathy (permanent nerve damage) Fluoroquinolone litigation headed toward settlement Admission of liability by defendants Many cases have already settled for undisclosed amounts

21 21 CASE TO WATCH: XARELTO 17,593 cases filed US District Judge Eldon E. Fallon Eastern District of Louisiana, MDL 2592 In re: Xarelto (Rivaroxaban) Products Liability Litigation

22 22 CASE TO WATCH: XARELTO Blood thinner causes uncontrollable internal bleeding. There is no antidote. Bayer, Johnson & Johnson allegedly failed to provide adequate warnings to physicians and the public

23 23 CASE TO WATCH: XARELTO First two bellwether trials ended with defense verdict. 39 bellwether trials to go. August 7, 2017: Third bellwether trial begins in Southern District of Mississippi.

24 24 CASE TO WATCH: XARELTO Prevailing view on settlement: Nothing will happen until the litigation affects stock price of Bayer, Johnson & Johnson. Xarelto was a blockbuster drug for Johnson & Johnson 2014: Sales totaling $3.7 billion for Xarelto alone $650 billion settlement in 2014 for similar drug, Pradaxa

25 25 CASE TO WATCH: XARELTO Learn more about attracting potential clients for Xarelto cases.

26 26 GENERATING NEW BUSINESS ONLINE WITH 5 W S Who are your potential clients and referral sources? What questions are your potential clients and referral sources asking? When do your potential clients want the answers? Where are they at, geographically speaking? Why should they choose you?

27 27 CREATING CONTENT TO ATTRACT CLIENTS Cover a 1-3 year horizon, depending on how quickly you think that content can be created. It should articulate: How the content will be presented When the content will be produced Who s accountable for each piece of content

28 28 MARKETING YOUR MASS TORTS PRACTICE How LawLytics can help you market your mass torts practice

29 29 THANK YOU Web: Phone: (800)