Dupixent Lawsuit in Oklahoma - Free Case Review

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Key Takeaway

Oklahoma's $350,000 cap on non-economic damages — if applied to Dupixent CTCL cases — creates a significant potential limitation on plaintiff recovery that makes case evaluation critical. An estimated 30,000 Oklahoma residents have been prescribed Dupixent since 2017, with prescribing concentrated through OU Health (Oklahoma City), Stephenson Cancer Center, and the Tulsa medical community. The Stephenson Cancer Center at the University of Oklahoma, an NCI-designated cancer center, provides specialized cutaneous lymphoma evaluation. Oklahoma's federal districts have moderate pharmaceutical litigation experience, and the state's conservative jury pools may be more challenging for plaintiffs than coastal venues. However, Oklahoma juries have shown willingness to hold pharmaceutical companies accountable when presented with clear evidence of concealed risk, as demonstrated by the landmark $465 million opioid verdict against Johnson & Johnson in 2019.

Written By

People's Justice Legal Research Team

Statute of Limitations

Oklahoma: 2 years for product liability (Okla. Stat. tit. 12, § 95(3)). Discovery rule applies — the limitations period begins when the plaintiff discovers or should have discovered the injury and its connection to the product.

2 years from discovery of injury

Filing Venue

Where to File in Oklahoma

Oklahoma has three federal judicial districts: the Northern District (Tulsa), Western District (Oklahoma City), and Eastern District (Muskogee). Oklahoma follows a modified comparative fault system (51 percent bar) and caps non-economic damages in most tort cases at $350,000, though this cap has been challenged and may not apply in all product liability contexts.

Oklahoma Data

Exposure in Oklahoma

Source: IQVIA prescription data estimates

Source: Stephenson Cancer Center / NCI

Source: Okla. Stat. tit. 23, § 61.2

FAQ

Frequently Asked Questions

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