Health

Gilead Faces Multi-State Lawsuit Over HIV Medications

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Gilead Faces Multi-State Lawsuit Over HIV Medications

A series of allegations have been brought against Gilead Sciences Inc., a pharmaceutical company known for its HIV medications. The plaintiffs, residents of various states across America, have accused Gilead of negligence, strict product liability, breach of express and implied warranty, and fraud and concealment. The primary focus of these allegations is the TDF-based medications Viread®, Truvada®, Atripla®, Complera®, and Stribild®.

What Laws Did Gilead Allegedly Violate?

The plaintiffs claim that Gilead violated various laws pertaining to product safety and consumer protection. They allege that the company was negligent in its duty to ensure that its TDF-based medications were safe for consumption. This negligence, they argue, led to a series of severe health complications, including chronic kidney disease, renal insufficiency and/or failure, Fanconi's Syndrome, loss of bone density, and tooth loss secondary to loss of bone density.

Furthermore, the plaintiffs accuse Gilead of strict product liability, claiming that the TDF-based medications were inherently defective and dangerous. They also allege that Gilead breached both express and implied warranties by failing to deliver a product that was safe and fit for its intended purpose. Finally, the plaintiffs accuse Gilead of fraud and concealment, alleging that the company actively hid material facts related to the safety and efficacy of its TDF-based medications.

What Led the Plaintiffs to File the Lawsuit?

According to the plaintiffs, they were prescribed and ingested Gilead's TDF-based medications in their respective states. They claim that these medications led to a series of severe health complications, including chronic kidney disease, renal insufficiency and/or failure, Fanconi's Syndrome, loss of bone density, and tooth loss secondary to loss of bone density.

The plaintiffs further allege that Gilead actively concealed material facts related to the safety and efficacy of its TDF-based medications. They claim that the company knew of a safer design, known as TAF, but abandoned it in favor of the more dangerous TDF design. They also accuse Gilead of failing to adequately monitor patients for adverse effects of TDF toxicity.

Who Are the Class Members?

The plaintiffs in this case are residents of various states across America, including New York, New Jersey, Illinois, and Pennsylvania. They all claim to have suffered severe health complications as a result of ingesting Gilead's TDF-based medications. The plaintiffs are seeking to represent a class of similarly affected individuals who were prescribed and ingested these medications.

What Damages Are the Plaintiffs Seeking?

The plaintiffs are seeking compensatory damages for pain and suffering, emotional distress, and economic loss. They are also seeking punitive damages, which are intended to punish the defendant and deter similar conduct in the future. The exact amount of damages sought is not specified, but it is likely to be substantial given the severity of the health complications alleged.

What Could Be the Next Steps in the Case?

The case is currently in the early stages, and it is unclear how it will proceed. If the plaintiffs' allegations are proven true, Gilead could face significant financial liability. However, the company is likely to vigorously defend itself against these claims. As such, the outcome of this case is uncertain and will depend on a variety of factors, including the strength of the plaintiffs' evidence and the court's interpretation of the relevant laws.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    23-CIV-03139
  • Filing Date:
    July 12, 2023
  • Jurisdiction:
    San Mateo County Superior Courts
  • State:
    California
  • Court:
    Southern Branch Hall Of Justice And Records
  • Plaintiff:
    Marlon Brandow, et al.
  • Defendant:
    Gilead Sciences, Inc.
  • Plaintiff Firm:
    Davis & Crump P.C.
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
Will Gendron
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