State litigation guide · New Mexico

Dupixent Lawsuit in New Mexico

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Statute of limitations — New Mexico

New Mexico: 3 years for product liability (N.M. Stat. Ann. § 37-1-8). Discovery rule applies — the limitations period begins when the plaintiff discovers or should have discovered the injury and its causal connection to the product.

3 years from discovery of injury

Filing venue

Where to File in New Mexico

New Mexico has a single federal judicial district — the District of New Mexico, headquartered in Albuquerque. New Mexico follows a pure comparative fault system and does not cap compensatory or punitive damages in product liability cases. The state's pure comparative fault and absence of caps make it a plaintiff-favorable jurisdiction.

New Mexico data

Exposure in New Mexico

Estimated New Mexico residents prescribed Dupixent since 2017. The Albuquerque metropolitan area accounts for the majority of prescriptions, with UNM Health and Presbyterian driving specialty dermatology and allergy prescribing across the state's 2.1 million population.

~15,000 NM patients

Source: IQVIA prescription data estimates

The University of New Mexico Comprehensive Cancer Center, an NCI-designated cancer center, provides specialized oncology and dermatopathology services. UNM's pathology department offers advanced immunohistochemistry and molecular testing for CTCL diagnosis in Dupixent patients.

UNM Comprehensive Cancer Center

Source: UNM Cancer Center / NCI

New Mexico imposes no statutory caps on compensatory or punitive damages in product liability cases. Combined with the state's pure comparative fault system, this makes New Mexico one of the most plaintiff-favorable jurisdictions for Dupixent CTCL litigation in the western United States.

No caps on damages

Source: N.M. common law / legislative framework

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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