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Statute of limitations — Louisiana
Louisiana: 1 year for product liability (La. Civ. Code art. 3492). Discovery rule (contra non valentem doctrine) applies — the prescriptive period begins when the plaintiff knew or should have known of the injury and its causal connection to the product.
1 year from discovery of injury
Filing venue
Where to File in Louisiana
Louisiana has three federal judicial districts: the Eastern District (New Orleans), Middle District (Baton Rouge), and Western District (Shreveport). The Eastern District is historically the most active for pharmaceutical litigation. Louisiana is unique in following a civil law system derived from French and Spanish law, using 'prescription' rather than 'statute of limitations.' Louisiana applies the Louisiana Products Liability Act (LPLA) which provides the exclusive remedy for product liability claims and does not cap compensatory damages.
Louisiana data
Exposure in Louisiana
Estimated Louisiana residents prescribed Dupixent since 2017. Ochsner Health System's 40-hospital network across Louisiana drives significant prescribing volume, with additional contributions from the LSU Health Sciences Centers in New Orleans and Shreveport.
~36,000 LA patients
Source: IQVIA prescription data estimates
The Louisiana Products Liability Act (La. R.S. 9:2800.51 et seq.) provides the exclusive remedy for product liability claims in Louisiana. All Dupixent claims must be brought under the LPLA, which requires proving the product was 'unreasonably dangerous' — a standard distinct from the common law strict liability applied in most other states.
LPLA exclusive remedy
Source: La. R.S. 9:2800.51 et seq.
Louisiana's 1-year prescriptive period for delictual (tort) actions is among the shortest nationally. The contra non valentem doctrine suspends prescription when the plaintiff could not reasonably know of the claim, but Dupixent CTCL patients should consult counsel immediately upon diagnosis to avoid prescription issues.
1-year prescriptive period
Source: La. Civ. Code art. 3492
FAQ
Frequently Asked Questions
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