Dupixent Lawsuit in South Dakota - Free Case Review

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Key Takeaway

South Dakota's small population of approximately 900,000 supports an estimated 6,500 Dupixent patients since 2017, primarily through Sanford Health (Sioux Falls) and the limited dermatology specialist network serving the state. South Dakota lacks an NCI-designated cancer center, and patients requiring specialized CTCL evaluation are typically referred to the University of Minnesota Masonic Cancer Center in Minneapolis, the Mayo Clinic in Rochester, or Sanford's partner institutions. South Dakota's 3-year SOL provides adequate time, and the state's absence of compensatory damage caps is plaintiff-favorable. The District of South Dakota handles minimal pharmaceutical litigation, and most complex cases will benefit from MDL coordination. South Dakota's rural, conservative jury pools may be less favorable to large plaintiff awards than urban venues, but the evidence of a pharmaceutical company concealing cancer risk from eczema patients tends to overcome partisan or ideological resistance.

Written By

People's Justice Legal Research Team

Statute of Limitations

South Dakota: 3 years for product liability (S.D. Codified Laws § 15-2-14.2). Discovery rule applies — the limitations period begins when the plaintiff discovers or should have discovered the injury and its connection to the product.

3 years from discovery of injury

Filing Venue

Where to File in South Dakota

South Dakota has a single federal judicial district — the District of South Dakota, with courthouses in Sioux Falls, Pierre, Rapid City, and Aberdeen. South Dakota follows a modified comparative fault system (51 percent bar) and does not cap compensatory damages in product liability cases. The state's small population means limited pharmaceutical litigation volume.

South Dakota Data

Exposure in South Dakota

Source: IQVIA prescription data estimates

Source: National Cancer Institute

Source: Sanford Health

FAQ

Frequently Asked Questions

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