Dupixent CTCL Lawsuits Can Be Directly Filed in Federal MDL

Judge has split the discovery process into two phases, with the first focused on determining whether science can link Dupixent to CTCL diagnoses.

The U.S. District Judge overseeing all federal Dupixent cancer lawsuits has agreed to allow new claims to be filed directly in the New Jersey federal court where the cases are consolidated, helping streamline the litigation and move the proceedings toward future bellwether trials.

Dupixent (dupilumab) is an injectable medication originally approved to treat atopic dermatitis, also known as eczema. Once the drug was on the market, the manufacturers convinced the U.S. Food and Drug Administration (FDA) to expand its approvals to include a wide range of other inflammatory and skin conditions, including asthma and chronic obstructive pulmonary disease (COPD).

As its use spread, concerns over Dupixent side effects emerged as studies linked the medication to an increased risk of developing a rare form of non-Hodgkin’s lymphoma known as cutaneous T-cell lymphoma (CTCL), as well as worsening already existing cases. The condition can be difficult to detect, as symptoms often appear to be similar to eczema. This can result in delayed diagnosis and treatment.

Regeneron and Sanofi-Aventis face at least 40 product liability lawsuits filed nationwide, each alleging the manufacturers knew, or should have known, that Dupixent increased the risk of CTCL but failed to warn doctors and patients. The lawsuits claim adequate warnings could have helped patients recognize the condition sooner, discontinue Dupixent treatment and seek earlier cancer care.

U.S. District Judge Zahid N. Qurashi has been appointed to oversee all federal Dupixent lawsuits, which are consolidated in the District of New Jersey for coordinated discovery and pretrial proceedings.

As part of that process, dozens, and potentially hundreds or thousands, of claims are likely to be filed. Judge Qurashi will likely attempt to resolve the litigation by having the parties select a few cases representative of the litigation as a whole to be prepared for eventual bellwether trials.

These early test cases would go before juries, whose decisions could give counsel an idea of how most cases would likely resolve. The results could form the basis for Dupixent lawsuit settlement negotiations.

Dupixent Lawsuit Direct Filing Order

On November 2, Judge Qurashi issued a pretrial order (PDF) that approves direct filing of future lawsuits straight to the MDL court. Typically, new lawsuits would be filed in the federal district court where the plaintiff lives and then go through the legal process of being transferred to the District of New Jersey. A direct filing order cuts that part of the process out, increasing efficiency.

The order indicates that filings will be restricted to single-plaintiff complaints only. It also stipulates that the lawsuit must involve an individual who received Dupixent injections and was given a medical diagnosis of CTCL.

Direct filing orders are usually precursors to approval of a Master and Short Form Complaint, where plaintiffs can then file future lawsuits through an abbreviated form, in which they adopt allegations that are relevant to their specific claim.

The judge also issued a case management order (PDF) on November 2, which included a pretrial schedule that sets some key dates for the litigation moving forward.

However, Judge Qurashi announced that the discovery process would be bifurcated, meaning it will be split into two phases. The first phase will focus on issues of general causation, giving plaintiffs the opportunity to show that claims indicating Dupixent could cause or worsen CTCL are backed up by defensible science. The second phase of discovery will focus on remaining issues, such as case-specific fact discovery and issues of sales and marketing.

The schedule calls for the first discovery phase to be completed by October 8, 2027. Challenges to expert witnesses for general causation and motions for summary judgment are due by March 3, 2028.

Dupixent Cancer Lawsuits

In the interim, Dupixent cancer lawyers continue to provide free consultation and claim evaluations for individuals who received Dupixent (dupilumab) injections and were later diagnosed with:

• Other T-cell lymphoma subtypes.
• Cutaneous T-cell lymphoma (CTCL)
• Mycosis fungoides
• Sézary syndrome

The claims are being handled on a contingency fee basis, meaning there are no upfront legal fees, and costs are only collected if compensation is recovered through a settlement or jury verdict.

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