State litigation guide · Alabama

Dupixent Lawsuit in Alabama

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Statute of limitations — Alabama

Alabama: 2 years for product liability (Ala. Code § 6-2-38(l)). Discovery rule applies — limitations begin when the plaintiff knew or should have known of the injury and its connection to Dupixent.

2 years from discovery of injury

Filing venue

Where to File in Alabama

Alabama has three federal districts: the Northern District (Birmingham), Middle District (Montgomery), and Southern District (Mobile). The Northern District handles the majority of pharmaceutical litigation due to Birmingham's legal community. Alabama's wrongful death statute is unique — it is exclusively punitive in nature, meaning wrongful death damages are measured by the culpability of the defendant rather than the loss to the survivors. There is no cap on wrongful death punitive damages in Alabama, making it potentially high-value for fatal CTCL cases.

Alabama data

Exposure in Alabama

Estimated Alabama residents prescribed Dupixent since 2017. Birmingham's large medical community and UAB's specialty dermatology and allergy clinics drive significant prescribing, particularly for atopic dermatitis and asthma indications across the state's 4.9 million population.

~38,000 AL patients

Source: IQVIA prescription data estimates

The University of Alabama at Birmingham Comprehensive Cancer Center, one of only 56 NCI-designated comprehensive cancer centers, provides cutaneous lymphoma evaluation including skin biopsy with immunohistochemistry, flow cytometry, and T-cell receptor gene rearrangement studies for CTCL diagnosis in Dupixent patients.

UAB Comprehensive Cancer Center

Source: UAB Medicine / NCI

Alabama is the only state where wrongful death actions are exclusively punitive. Under Ala. Code § 6-5-410, wrongful death damages are not tied to the survivors' loss but to the defendant's wrongdoing, with no statutory cap. This makes Alabama potentially the highest-value jurisdiction for fatal Dupixent CTCL cases.

Punitive-only wrongful death

Source: Ala. Code § 6-5-410

FAQ

Frequently Asked Questions

12 QUESTIONS

The short answer is yes — and the science behind it is alarming. A peer-reviewed study of 19,612 patients found that Dupixent users face a 4.5 times higher risk of developing cutaneous T-cell lymphoma (CTCL) compared to people who never took the drug. To put that in perspective, a 4.5x relative risk is in the same ballpark as the asbestos-mesothelioma association that drove one of the largest mass tort litigations in American history. The proposed biological mechanism is straightforward and troubling. Dupixent blocks two signaling molecules — IL-4 and IL-13 — that are part of the type 2 immune response. Blocking these signals is what makes the drug effective against eczema and asthma. But those same signals appear to play a role in immune surveillance against T-cell malignancies. By suppressing them, Dupixent may release the brakes on pre-malignant T-cell clones that the immune system had been keeping in check. The result: a cancer that literally disguises itself as the disease the drug is supposed to treat. The FDA placed Dupixent on its safety watchlist in March 2025 and escalated to a formal investigation in September 2025 after receiving more than 300 adverse event reports related to lymphoma and blood cancers. As of April 2026, the investigation is ongoing. Regeneron and Sanofi have not added a specific CTCL warning to the Dupixent label.

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