State litigation guide · West Virginia

Dupixent Lawsuit in West Virginia

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Statute of limitations — 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.

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

Estimated West Virginia residents prescribed Dupixent since 2017. WVU Medicine and CAMC Health System serve as the primary specialty care providers for the state's population, with limited specialty dermatology access outside the Charleston and Morgantown medical hubs.

~14,000 WV patients

Source: IQVIA prescription data estimates

West Virginia's courts have produced some of the nation's largest pharmaceutical verdicts and settlements. The state's experience with pharmaceutical industry misconduct — particularly in the opioid crisis — has created a judicial and jury environment that is highly responsive to evidence of corporate concealment of drug risks.

Historically plaintiff-favorable courts

Source: West Virginia judicial history

The WVU Cancer Institute at West Virginia University provides oncology and dermatopathology services, including skin biopsy evaluation for suspected CTCL. Complex cases requiring advanced molecular diagnostics may be referred to NCI-designated centers in Pittsburgh (UPMC Hillman) or Columbus (Ohio State).

WVU Cancer Institute

Source: WVU Medicine

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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