Louisiana Trial Lawyer Advertising
ATRA’s latest report shows that Louisiana accounts for a disproportionate number of trial lawyer ads – the ones that tell you to “Call now to get what you deserve!”
From October through December 2020 alone, it is estimated that more than $237 million was spent on more than 3.1 million television ads for local legal services or soliciting legal claims across the United States.
Louisiana accounted for 4% of all spending with $9.59 million spent in the state. Louisiana also accounted for 5.6% of all local legal services TV ads that aired across the country during that quarter with 178,921 ads.
Louisiana accounts for a disproportionate amount of legal services TV advertisements and spending on those ads considering that the state makes up less than 1.5% of the nation’s population.
“The problem with these ads is that the over-the-top, doomsday ads claiming lethal effects of medications can scare consumers to the point that they might stop using critical, prescribed medications prescribed without consulting their health care providers.
These ads undermine the simple notion that physicians and health care providers – not TV trial lawyers with catchy jingles – should dispense medical advice.”
ATRA President Tiger Joyce
One Louisiana state Senator is taking a proactive stance to curb these dishonest ads. Senator Barrow Peacock is sponsoring S.B. 43, which would require more transparency in legal services advertisements related to medical or health issues.
A 2019 FDA study shows the real-life consequences of these ads. The report found 66 reports of adverse events following patients discontinuing their blood thinner medication (Pradaxa, Xarelto, Eliquis or Savaysa) after viewing a lawyer advertisement. The median patient age was 70 and 98% stopped medication use without consulting with their doctor. Thirty-three patients experienced a stroke, 24 experienced another serious injury, and seven people died.
“It’s my opinion that the tone and content of these advertisements imply qualitative judgments about these medications that is just not true.
When you say call 1-800-BAD-DRUG, that clearly implies it’s a bad drug, which runs counter to current medical evidence and also to the FDA’s recommendations.”
Dr. Shawn H. Fleming, doctor for one of the deceased, testifying before Congress
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