State litigation guide · Delaware

Dupixent Lawsuit in Delaware

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Statute of limitations — Delaware

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

Estimated Delaware residents prescribed Dupixent since 2017. Delaware's small population of approximately 1 million is served by a limited number of dermatology specialists, primarily in the Wilmington metropolitan area and the state's southern beach communities.

~8,000 DE patients

Source: IQVIA prescription data estimates

Christiana Care, Delaware's largest health system, provides dermatology services and skin biopsy capabilities. Complex CTCL diagnostic evaluation, including immunohistochemistry and molecular testing, is typically referred to Philadelphia-area academic medical centers including Penn Medicine and Thomas Jefferson.

Christiana Care Health System

Source: Christiana Care Health System

Delaware is the incorporation state for the majority of Fortune 500 companies. Sanofi's U.S. entities and Regeneron may have Delaware incorporation connections, establishing personal jurisdiction in Delaware courts independent of the company's physical presence in the state.

Incorporation state jurisdiction

Source: Delaware Division of Corporations

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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