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HIV/AIDS Drug Litigation Moves Forward

By Stefanie Colella-Walsh & Martin P. Schrama on April 12, 2019
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In May 2018, a class action, as well as multiple personal injury cases, were filed against Gilead Sciences, Inc. (Gilead), for claims surrounding the promotion of the manufacturer’s TDF HIV/AIDs drugs.

The allegations included:

  • Gilead’s marketing and distribution of the TDF drugs, when a safer alternative (TAF) was known;
  • Failure to adequately warn of the potential risks; and,
  • Misrepresentation of the drugs’ safety and efficacy.

Currently, Plaintiffs allege kidney and bone injuries as a result of their use of the TDF drugs.

The lawsuits also asserted that Gilead purposely suppressed the marketing and distribution of the safer alternative, TAF, in order to benefit from the patent on its TDF drugs.

As previously discussed, the TDF drugs include: Truvada, Atripla, Complera, Stribild, and Viread.

Following the May 2018 filings, Gilead filed a demurrer, seeking to dismiss all of plaintiffs’ legal theories. Recently, in February 2019, a California court denied Gilead’s request. The held that plaintiffs may proceed on all of their tort claims, except for strict liability. This was a big win for plaintiffs.

Based on the court’s ruling, we expect to see an increase in the number of cases being filed from around the country.

If you or someone you know was taking Truvada or any of the other TDF HIV/AIDS drugs and experienced any of the severe side-effects, you should contact a pharmaceutical drug attorney today to discuss your situation.

Photo of Stefanie Colella-Walsh Stefanie Colella-Walsh

Stefanie Colella-Walsh is a Shareholder and member of Stark & Stark’s Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups where she concentrates her practice in complex litigation with a focus in mass tort and pharmaceutical litigation. She is currently involved…

Stefanie Colella-Walsh is a Shareholder and member of Stark & Stark’s Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups where she concentrates her practice in complex litigation with a focus in mass tort and pharmaceutical litigation. She is currently involved in representing numerous plaintiffs in federal and state environmental and pharmaceutical mass tort cases, as well as state and federal class action litigations based upon commercial, employment, civil rights, investments/securities and consumer fraud claims. Ms. Colella-Walsh frequently writes about timely legal and legislative developments impacting plaintiffs in mass tort and product liability actions for Stark & Stark’s Mass Tort Law Blog.

Read more about Stefanie Colella-WalshEmail
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Photo of Martin P. Schrama Martin P. Schrama

Martin P. Schrama is an expert Civil Trial Attorney as certified by the Supreme Court of New Jersey. He is also the Chair and Co-Founder of the Stark & Stark Mass Tort Litigation practice, as well as a member of the firm’s Commercial…

Martin P. Schrama is an expert Civil Trial Attorney as certified by the Supreme Court of New Jersey. He is also the Chair and Co-Founder of the Stark & Stark Mass Tort Litigation practice, as well as a member of the firm’s Commercial Litigation and Intellectual Property practices.

Read more about Martin P. SchramaEmail
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  • Posted in:
    Class Action & Mass Torts, Health Care and Life Sciences
  • Blog:
    Mass Torts Law Blog
  • Organization:
    Stark & Stark

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