Dupixent Lawsuit in Delaware - Free Case Review

Free Case Review

Start Your Free Review

Answer 2-3 quick questions to review your potential case.

Key Takeaway

Delaware's importance to Dupixent litigation extends beyond its small patient population to its status as the incorporation state for most major U.S. corporations. Both Sanofi's U.S. entities and Regeneron may have Delaware incorporation connections that establish jurisdiction. The state's approximately 8,000 Dupixent patients are served primarily by Christiana Care Health System in Wilmington and the dermatology and allergy practices in New Castle County. The Sidney Kimmel Cancer Center at Thomas Jefferson University (Philadelphia), just across the Delaware-Pennsylvania border, provides the nearest NCI-designated cancer center for CTCL evaluation. Delaware's 2-year product liability SOL is standard, and the state's well-established discovery rule provides protection for plaintiffs with latent injuries. The District of Delaware's federal judges are experienced with complex litigation, though their dockets skew heavily toward patent and corporate cases rather than pharmaceutical mass tort.

Written By

People's Justice Legal Research Team

Statute of Limitations

Delaware: 2 years for product liability (Del. Code Ann. tit. 10, § 8119). Discovery rule applies — the limitations period begins when the plaintiff knew or should have known that the injury was caused by the product.

2 years from discovery of injury

Filing Venue

Where to File in Delaware

Delaware has a single federal judicial district — the District of Delaware, headquartered in Wilmington. Delaware is the incorporation state for the majority of U.S. public companies, including many pharmaceutical companies. The District of Delaware has extensive experience with complex corporate litigation, though pharmaceutical mass tort is less common than patent and corporate cases. Delaware does not cap compensatory or punitive damages in product liability cases.

Delaware Data

Exposure in Delaware

Source: IQVIA prescription data estimates

Source: Christiana Care Health System

Source: Delaware Division of Corporations

FAQ

Frequently Asked Questions

See details below.

Back to Dupixent Lawsuit Lawsuit Overview