Dupixent Lawsuit in West Virginia - Free Case Review

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Key Takeaway

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. The Southern District of West Virginia (Charleston) has managed major pharmaceutical cases, and West Virginia's jury pools — reflecting a population that has suffered disproportionately from pharmaceutical industry practices — tend to be highly sympathetic to plaintiffs harmed by drug companies.

Written By

People's Justice Legal Research Team

Statute of Limitations

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.

2 years from discovery of injury

Filing Venue

Where to File in West Virginia

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.

West Virginia Data

Exposure in West Virginia

Source: IQVIA prescription data estimates

Source: West Virginia judicial history

Source: WVU Medicine

FAQ

Frequently Asked Questions

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