State litigation guide · Colorado

Dupixent Lawsuit in Colorado

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Statute of limitations — Colorado

Colorado: 2 years for product liability (Colo. Rev. Stat. § 13-80-102). Discovery rule applies — the limitations period begins when the plaintiff knew or should have known of the injury and its connection to the product. Colorado also has a 3-year statute of repose from date of the act giving rise to the claim.

2 years from discovery of injury (3-year repose)

Filing venue

Where to File in Colorado

Colorado has a single federal judicial district — the District of Colorado, headquartered in Denver. Colorado applies strict liability for defective products and follows a modified comparative fault system where plaintiff recovery is barred if fault exceeds 50 percent. There are no caps on compensatory damages in product liability cases. Colorado's judiciary is generally moderate, and Denver's diverse jury pools reflect the state's mix of urban and suburban demographics.

Colorado data

Exposure in Colorado

Estimated Colorado residents prescribed Dupixent since 2017. The Denver metropolitan area's large health-conscious population and extensive network of dermatology and allergy specialists drive the majority of the state's Dupixent prescriptions across atopic dermatitis, asthma, and CRSwNP indications.

~48,000 CO patients

Source: IQVIA prescription data estimates

The University of Colorado Cancer Center is the only NCI-designated comprehensive cancer center in the Rocky Mountain region, providing specialized cutaneous lymphoma diagnosis and treatment. CU's dermatopathology lab processes skin biopsies with full immunohistochemistry panels for CTCL evaluation.

CU Cancer Center (NCI-designated)

Source: University of Colorado Anschutz / NCI

Colorado imposes a 3-year statute of repose (Colo. Rev. Stat. § 13-80-102) that runs from the date of the act or omission giving rise to the claim, regardless of when the injury is discovered. Dupixent CTCL plaintiffs must be aware that this outer limit may restrict claims even when the discovery rule would otherwise extend the filing deadline.

3-year statute of repose

Source: Colo. Rev. Stat. § 13-80-102

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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