Dupixent Lawsuit in Louisiana - Free Case Review

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Key Takeaway

Louisiana's unique civil law system and the Louisiana Products Liability Act create a distinctive litigation framework for Dupixent CTCL claims. The state's 1-year prescriptive period (prescription, not limitations) is among the shortest nationally, but the contra non valentem doctrine functions as a discovery rule for latent injuries. An estimated 36,000 Louisiana residents have been prescribed Dupixent since 2017, with significant prescribing through Ochsner Health System in New Orleans, the LSU Health Sciences Centers, and the Baton Rouge medical community. The LSU-Ochsner partnership and Tulane Cancer Center provide cutaneous lymphoma diagnostic capabilities. The Eastern District of Louisiana (New Orleans) has substantial pharmaceutical litigation experience, and Louisiana's diverse jury pools in Orleans Parish have historically been receptive to plaintiffs in product liability cases. Louisiana's civil law tradition means that state court pharmaceutical claims must be brought exclusively under the LPLA, which requires proving the product was 'unreasonably dangerous' in construction, design, or due to inadequate warning.

Written By

People's Justice Legal Research Team

Statute of Limitations

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

Source: IQVIA prescription data estimates

Source: La. R.S. 9:2800.51 et seq.

Source: La. Civ. Code art. 3492

FAQ

Frequently Asked Questions

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