West Virginia · Claims for harm linked to Dupixent
Claims for harm linked to Dupixent in West Virginia
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| Filing deadline | 2 years from discovery of injuryW. Va. Code § 55-2-12 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in West Virginia?
West Virginia: 2 years for product liability (W. Va. Code § 55-2-12). Discovery rule applies — the limitations period begins when the plaintiff discovers or should have discovered the injury and its cause. A lawyer can confirm yours.
Source: W. Va. Code § 55-2-12
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
West Virginia has been one of the most significant pharmaceutical litigation venues in the nation, with its courts producing major verdicts and settlements in opioid, Risperdal, and other pharmaceutical cases. An estimated 14,000 West Virginia residents have been prescribed Dupixent since 2017, primarily through WVU Medicine, CAMC Health System, and the limited specialty care networks serving the state's 1.8 million residents. The WVU Cancer Institute provides the state's most advanced oncology services, though it is not NCI-designated. West Virginia's 2-year SOL is standard, but the state's historically plaintiff-favorable courts, absence of compensatory damage caps, and experienced pharmaceutical plaintiff bar create strategic advantages.
West Virginia has two federal judicial districts: the Northern District (Wheeling/Clarksburg/Elkins) and Southern District (Charleston/Huntington/Beckley). The Southern District handles the majority of pharmaceutical litigation. West Virginia follows a modified comparative fault system (50 percent bar) and does not cap compensatory damages in product liability cases. West Virginia has historically been one of the most plaintiff-friendly states for pharmaceutical litigation.
How this works nationally
For the overall process and updates, read the Claims for harm linked to Dupixent overview. This page covers the local information available for West Virginia.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in West Virginia? Read what applies in your state.
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- W. Va. Code § 55-2-12