Today the Judicial Panel on Multidistrict Litigation (JPML) issued a decision creating a Multi-District litigation (MDL) for personal injury and wrongful death cases stemming from use of the pharmaceutical drug Dupixent (Dupilumab). Plaintiffs allege that Dupixent, which is commonly used to treat eczema and asthma, causes the development and accelerated progression of cutaneous T-cell lymphoma (CTCL), which can be fatal.
Defendants Regeneron Pharmaceuticals, Inc. and Sanofi-Aventis U.S. LLC are the manufacturers and distributors of the drug. To date, despite a very heavy advertising campaign for this blockbuster drug, Defendants have provided no warning of any kind regarding the risk of CTCL nor have they provided doctors or patients with instructions regarding how to avoid CTCL with Dupixent use (e.g., contraindications for use before or during treatment) despite a growing body of epidemiology studies finding a statistically significant increased risk of CTCL with Dupixent usage.
On January 15, 2025, the Food and Drug Administration (FDA) notified Defendant Regeneron that it had identified and begun evaluating a newly identified safety signal (NISS) regarding Dupixent therapy for atopic dermatitis (eczema) being associated with increased risk of CTCL. The FDA’s investigation of this risk is ongoing.
In its March 24, 2026 response to the motion seeking creation of an MDL, Weitz & Luxenberg advocated for the MDL to be sent to the District of New Jersey. Consistent with Weitz & Luxenberg’s request, today the JPML granted the motion to transfer and centralize the Dupixent actions for coordinated pre-trial proceedings in the District of New Jersey before the Honorable Sahid N. Quraishi.
Weitz & Luxenberg partner Laura Baughman explained the importance of this ruling: “The JPML’s decision to centralize the Dupixent litigation in the District of New Jersey is a momentous milestone for our clients. Across the country, individuals who trusted the safety of this medication are now facing devastating cutaneous T-cell lymphoma (CTCL) diagnoses and treatment. Coordinating these federal claims before a single court will allow us to efficiently pool our resources, aggressively pursue discovery, and systematically hold the manufacturers accountable for their failure to warn the public about these severe cancer risks.”
Ellen Relkin, Practice Chair of the Drug and Medical Device Department of Weitz & Luxenberg, and a New Jersey Certified Civil Trial Attorney, who argued at the hearing last week in Milwaukee for the District of New Jersey, states “We are very pleased that the Panel centralized the case and sent it to the District of New Jersey before a very capable and experienced judge.”
