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How to File a Dupixent Injury Claim: A Step-by-Step Guide
Medically reviewed by licensed healthcare professionals · Legally reviewed by mass tort litigation specialists · Last updated:
Filing a legal claim against a pharmaceutical company is a complex process. This guide provides a general overview of the steps involved in a potential Dupixent injury lawsuit. The first step is always to consult with an attorney who specializes in this area of law.
Step 1: Free Consultation and Case Evaluation
The process begins with a free, confidential consultation with a mass tort law firm. During this initial call or meeting, you will be asked to provide basic information about your situation, including:
- When you started taking Dupixent and for what condition.
- The specific injury or side effect you experienced (e.g., severe conjunctivitis, keratitis, EGPA, severe arthralgia).
- The date you were diagnosed with the new condition.
- The types of medical treatment you have received for the injury.
- The impact the injury has had on your life (medical bills, lost wages, pain and suffering).
Based on this initial information, the legal team will determine if your case meets their initial criteria for further investigation.
Step 2: Medical Record Collection and Review
If the firm believes you may have a valid claim, they will ask you to sign medical authorization forms (HIPAA releases). These forms allow them to legally obtain copies of all your relevant medical records. This is the most important part of the investigation.
The legal team will collect records from your prescribing doctor, your ophthalmologist, rheumatologist, or other specialists, and any hospitals where you received treatment. They are looking for documented evidence that:
- You were prescribed and took Dupixent.
- You developed a new, serious injury after starting the drug.
- Your doctors have linked the injury to Dupixent or have ruled out other likely causes.
Step 3: Expert Medical Review
Once the records are collected, they are often reviewed by a medical expert (a doctor or nurse consultant) who works with the law firm. This expert helps the legal team understand the medical science and determine if there is a strong, medically-supported argument that Dupixent caused your injury.
Step 4: Filing the Lawsuit
If the medical record review and expert opinion support your claim, the law firm will draft and file a formal complaint in the appropriate court. This document officially begins the lawsuit. It names you as the plaintiff and the drug manufacturer (Sanofi and Regeneron Pharmaceuticals) as the defendant. The complaint outlines the facts of your case and the legal arguments for why the manufacturer is liable for your injuries (e.g., failure to warn, design defect).
Step 5: Discovery, Settlement Negotiations, or Trial
After the lawsuit is filed, the case enters the "discovery" phase, where both sides exchange information and evidence. Most pharmaceutical injury cases are eventually consolidated with other similar cases into a multidistrict litigation (MDL) for efficiency.
The vast majority of these cases are resolved through a settlement before ever going to trial. If a settlement is reached, your attorneys will explain the offer to you and you will decide whether to accept it. If no settlement can be reached, a small number of "bellwether" cases may go to trial to help both sides value the remaining claims.
Important Considerations
Statute of Limitations: Every state has a time limit, called a statute of limitations, for filing a personal injury claim. This time limit can be as short as one year from the date of your diagnosis. It is critical to speak with an attorney as soon as possible to avoid losing your right to file a claim.
No Upfront Cost: Personal injury law firms work on a contingency fee basis. This means you pay no upfront fees. The attorneys are only paid a percentage of any settlement or award they recover for you. If you don't win, you don't owe them a fee.
Considering a Dupixent Claim?
A free, no-obligation consultation is the first step. You can learn about your legal options and have your questions answered by experienced professionals.
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