State litigation guide · Virginia

Dupixent Lawsuit in Virginia

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Statute of limitations — Virginia

Virginia: 2 years for product liability (Va. Code Ann. § 8.01-243(A)). Discovery rule applies for latent injuries — the limitations period begins when the plaintiff knew or should have known of the injury and its connection to the product.

2 years from discovery of injury

Filing venue

Where to File in Virginia

Virginia has two federal judicial districts: the Eastern District (Alexandria/Richmond/Norfolk) and Western District (Roanoke/Charlottesville). The Eastern District is known as the 'Rocket Docket' for its fast case management. Virginia follows a contributory negligence system — one of the few remaining states where any plaintiff fault bars recovery in negligence claims. Virginia does not cap compensatory damages in product liability but caps punitive damages at $350,000.

Virginia data

Exposure in Virginia

Estimated Virginia residents prescribed Dupixent since 2017. Northern Virginia's affluent D.C. suburbs, Richmond's academic medical community, and the Hampton Roads population center drive substantial prescribing volume across the state.

~68,000 VA patients

Source: IQVIA prescription data estimates

Virginia has two NCI-designated cancer centers — VCU Massey Comprehensive Cancer Center (Richmond) and UVA Cancer Center (Charlottesville) — both providing specialized cutaneous lymphoma evaluation with advanced immunohistochemistry and molecular diagnostics for CTCL diagnosis.

Two NCI cancer centers

Source: VCU Massey / UVA / NCI

Virginia's contributory negligence rule (any plaintiff fault bars negligence recovery) and $350,000 punitive damages cap create defense advantages. Dupixent CTCL plaintiffs should bring strict liability claims to avoid contributory negligence, and recognize the punitive cap when evaluating total recovery.

Contributory negligence + $350K punitive cap

Source: Va. Code Ann. § 8.01-38.1 / § 8.01-243

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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