Monday, February 11, 2008

That Didn't Take Long

A couple of weeks ago, I noted some mutterings about Botox fatalities, mostly (if not exclusively) in the non-cosmetic use, where it's used for certain palsies. At the time, there were no AdSense ads, and indeed the Google results for relevant terms were not directed to client recruitment.

Not any more.

After a lot more coverage (including a post at Point of Law that suggests, I think incorrectly*, that it could become a significant mass tort), the ads and well-placed sites have started to pop up. Behold:

Botox

Not just paid spots, either, you'll note - Kline & Specter (which I think must have a New Tort Mad-Lib Web Generator, along with Mark & Associates, which has the paid spot) has the top spot in the unpaid results.

--BC

*Why I think it's incorrect, at least for now, to predict Botox as a significant mass tort: when the Bad Thing happens, it's very bad but very rare. I haven't seen any coverage that suggests that there are any lesser-included-Bad-Things to even credibly allege. No doubt some (most? all?) of the people who suffer the worst side effect will bring suit, but it appears to be a very small number. (There was a high-profile suit in 2004 about "life-altering headaches" but that appears to have been a one-off.) It's clearly not impossible for it to turn into a big claim -- it'd be a dream case for many reasons -- but for now, I don't think there's enough to make that prediction.

http://lawprofessors.typepad.com/tortsprof/2008/02/that-didnt-take.html

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» Around the web, February 19 from PointOfLaw Forum
Does Kline & Specter have a Mad Lib mass-tort-ad generator? [Childs on Botox] Judges taking harder link against lawyer misconduct lately [Lammi/WLF, PDF] Despite shock over cuts, Oregon lawmakers in no hurry to respond to state high court's ruling stri... [Read More]

Tracked on Feb 18, 2008 7:48:37 PM

Comments

Depends on how you define mass tort. I agree that there won't be the sort of thousands-of-personal-injury-claims litigation. I strongly suspect we'll see consumer-fraud class actions or FCA claims, if they don't already exist.

Posted by: Ted | Feb 19, 2008 5:41:20 AM

That's plausible. That doesn't seem like a mass tort to me (I have a thousand PI cases in my head as an arbitrary threshold), but definitions may vary.

Posted by: Bill Childs | Feb 19, 2008 7:00:29 AM

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