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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
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