By Fadi Agour, J.D. · Updated November 13, 2026 · Facts last reviewed November 13, 2026
Key takeaways
- The federal MDL docket held 204,987 pending actions across 164 MDLs on November 2, 2026. Talcum powder, hernia mesh, AFFF and hair relaxer lead the list.
- A mass tort lead is only as good as the criteria it was screened against. Set them before the campaign starts.
- Exclusive leads cost more per lead and usually less per signed case, because nobody else is calling the same claimant.
- Ask every vendor the same seven questions. The answers tell you more than any sample lead.
The mass tort landscape in late 2026
The Judicial Panel on Multidistrict Litigation publishes a monthly count of pending MDLs. The November 2, 2026 report lists 164 pending MDL dockets and 204,987 pending actions. The largest by pending actions:
| MDL | Litigation | Court | Pending actions (Nov 2, 2026) |
|---|---|---|---|
| 2738 | Johnson & Johnson Talcum Powder | D.N.J. | 69,376 |
| 2846 | Davol / C.R. Bard Hernia Mesh | S.D. Ohio | 23,299 |
| 2873 | Aqueous Film-Forming Foams (AFFF) | D.S.C. | 15,270 |
| 3060 | Hair Relaxer | N.D. Ill. | 12,743 |
| 2789 | Proton-Pump Inhibitor (No. II) | D.N.J. | 11,404 |
| 2666 | Bair Hugger Forced Air Warming Devices | D. Minn. | 8,414 |
| 3004 | Paraquat | S.D. Ill. | 6,635 |
| 2570 | Cook Medical IVC Filters | S.D. Ind. | 6,467 |
| 3140 | Depo-Provera | N.D. Fla. | 6,413 |
| 3084 | Uber Passenger Sexual Assault | N.D. Cal. | 4,548 |
Pending counts tell you where cases already sit, not where new claimants are. For that, see our guide to the hottest mass torts, which tracks where filings are growing.
How a mass tort lead is generated, step by step
Mass tort advertising has always been expensive, and much of it is run by advertisers who never intend to represent anyone. They collect inquiries and resell the same names to several firms. The process below is what a vendor should be doing instead.
1. Pick the litigation and write the criteria
Before any ad runs, the vendor and the firm agree on the litigation and the intake criteria: the product or exposure, the qualifying injury, the exposure window, the diagnosis date, and any exclusions. A lead that does not meet the criteria should never be delivered.
2. Run campaigns that reach the right people
Campaigns run on search, social and other digital channels, aimed at people who used the product or had the exposure and are now looking for help. Campaign language should say what the litigation is about without promising a result, guaranteeing eligibility, or implying that the advertiser is a law firm.
3. Capture the inquiry with consent
The person fills out a form or calls. The form captures consent to be contacted, and that consent is recorded. No sweepstakes, gift cards, or unrelated co-registration; a person who checked a box while buying something else is not a mass tort lead.
4. Screen against the criteria
The inquiry is checked against the criteria from step one: exposure, injury, dates, and whether another lawyer is already involved. Inquiries that fail are not sold.
5. Verify the contact
Phone numbers and other fields are validated through third-party partners, duplicates are rejected, and numbers on do-not-call and litigator lists are screened out before delivery.
6. Deliver in real time
The lead goes to the firm's email, CRM or intake system the moment it passes screening, with the injury or exposure details, the timeline, and the eligibility indicators the firm needs to open the file. The firm calls while the person still remembers filling out the form.
Why exclusivity and speed decide the sign rate
A shared mass tort lead goes to several firms at once. Whoever calls first usually signs the claimant, and the others paid for nothing. An exclusive lead removes that race, which is why it costs more per lead and usually less per signed case.
Speed matters even with exclusive leads. Hennessey Digital's 2025 study sent test inquiries to 1,333 law firm websites and found a median response time of 13 minutes, with 26% of firms never responding at all. A claimant who waits a day will fill out another form.
Here is an illustration of the economics. The numbers are examples, not quotes from any vendor or litigation.
| Scenario | Price per lead | Leads to sign one claimant | Cost per signed claimant |
|---|---|---|---|
| Shared leads, loose criteria | $250 | 10 | $2,500 |
| Exclusive leads, screened to your criteria | $450 | 4 | $1,800 |
Our cost per signed case guide shows how to run this number for each litigation you take on.
Seven questions to ask any mass tort lead vendor
- Is the lead exclusive to my firm, or sold to more than one?
- Who ran the campaign, and can I see the ad and the form the person filled out?
- What criteria was the lead screened against, and who set them?
- How is consent captured and recorded?
- How is the contact information verified before delivery?
- How fast is delivery, and in what format?
- What is the credit policy for a lead that turns out to be invalid?
A vendor that answers all seven plainly is worth testing. A vendor that avoids question one or two is reselling. Our 12-point mass tort lead vetting checklist goes deeper on what to check once leads start arriving.
How Best Case Leads fits
Best Case Leads generates mass tort leads for law firms through its own campaigns, screens each inquiry against the criteria the firm sets, and delivers it in real time with the injury or exposure details, timeline and eligibility indicators. Campaign types include pharmaceutical, product liability, environmental exposure and consumer protection litigation.
FAQ
How are mass tort leads generated?
In six steps: agree the litigation and intake criteria, run campaigns that reach exposed or injured people, capture the inquiry with consent, screen it against the criteria, verify the contact details, and deliver it in real time to the firm.
How many mass tort cases are pending in federal MDLs?
The Judicial Panel on Multidistrict Litigation's November 2, 2026 report lists 164 pending MDLs with 204,987 pending actions. The largest is the Johnson & Johnson talcum powder MDL with 69,376 pending actions.
What makes a mass tort lead qualified?
It meets the criteria the firm set before the campaign ran: the right product or exposure, a qualifying injury, dates inside the exposure and diagnosis windows, no current lawyer, and recorded consent to be contacted.
Are exclusive mass tort leads worth the higher price?
Usually. A shared lead goes to several firms and the fastest caller wins. An exclusive lead removes that race, so fewer leads are needed to sign one claimant and the cost per signed claimant is often lower.
How fast should a firm contact a mass tort lead?
Within minutes. Hennessey Digital's 2025 study found a median law firm response time of 13 minutes and found that 26% of firms never responded to online inquiries at all.
About the author
Fadi Agour, J.D., is the founder and CEO of FadiLaw Marketing LLC, the Houston-based parent company of Best Case Leads, Real Performance Marketing, Masstortsco, and Redostar. His companies have made the Inc. 5000 list seven years in a row.
Sources
- U.S. Judicial Panel on Multidistrict Litigation: Pending MDL Dockets by Actions Pending, November 2, 2026
- U.S. Judicial Panel on Multidistrict Litigation: Pending MDLs
- Hennessey Digital: 2025 Lead Form Response Time Study
This article is general information, not legal advice. Best Case Leads is not a law firm.
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