Judges Will Consider MDL for Dupixent Cancer Lawsuits Late Next Month

Consolidation of the cases would likely lead to early bellwether trials to test the plaintiffs’ and defendants’ testimony, evidence and arguments before a jury.

A panel of federal judges will hear oral arguments in May regarding whether to consolidate all Dupixent cancer lawsuits before one judge for pretrial proceedings and potential early test trials.

Dupixent (dupilumab) is a Regeneron and Sanofi-Aventis drug used to treat atopic dermatitis, eczema, asthma, chronic obstructive pulmonary disease (COPD) and other inflammatory conditions, primarily those that affect respiration and the skin.

However, the two manufacturers have been the target of a growing number of Dupixent cancer lawsuits filed throughout the federal court system. These have been brought after recent studies indicate that the drug carries a risk of developing rare forms of T-cell lymphoma, including cutaneous T-cell lymphoma (CTCL) and peripheral T-cell lymphoma (PTCL). The findings have raised concerns that the medication may cause or accelerate the development of these types of cancer and make the body more vulnerable to other forms of cancer, particularly other lymphomas and skin cancer.

Plaintiffs allege that the manufacturers knew or should have known about the potential Dupixent cancer side effects but failed to warn users or the medical community, which can lead to life-changing health complications.

Dupixent Cancer MDL

In February, plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML), requesting that all Dupixent cancer lawsuits brought in federal courts nationwide be consolidated before one judge in the Northern District of Georgia for coordinated discovery and pretrial proceedings.

A month later, the manufacturers responded supporting the plaintiffs’ request. They agreed that consolidation would prevent contradictory rulings between different judges, lessen duplication of discovery efforts and serve the convenience of common parties, witnesses and the courts. However, the parties disagree on where to consolidate the cases. Regeneron and Sanofi-Aventis are calling for the multidistrict litigation (MDL) to be created in the Southern District of New York, where the two companies are headquartered.

In a Notice of Hearing Session (PDF) issued on April 16, the JPML announced that it will hear oral arguments on consolidation of the cases on May 28 in the U.S. Courthouse and Federal Building in Milwaukee. The notice indicates there are currently 15 Dupixent cancer lawsuits filed in 12 different U.S. District Courts nationwide. The Northern District of Georgia is the only one with more than one case filed there.

After the hearing, where both sides will present their reasoning for consolidation, the panel will decide if a Dupixent lawsuit MDL is necessary and helpful to resolving the litigation. If they decide to centralize the cases, a federal judge will be appointed to handle the discovery processes, pretrial motions, and would likely call on the parties to prepare several representative claims for early test trials.

These “bellwether” trials would test the parties’ arguments, testimony and evidence before a real jury, which could help form the basis of a Dupixent cancer lawsuit settlement agreement. If the cases are consolidated but have not reached a resolution once the pretrial proceedings and potential bellwether trials are completed, the judge would likely remand the cases back to their originating districts for individual trial dates.

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