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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
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