U.S. District Judge Jon S. Tigar narrowed the focus of the suit by tossing allegations that Gilead hid knowledge that the medicines are “unreasonably and unnecessarily unsafe,” and that the company had the less toxic tenofovir alafenamide fumarate (TAF) update ready. Tigar cleared various other claims made in the suit, including design defect, negligence and product liability claims.
Free Confidential Lawsuit Evaluation: If you or a loved one was harmed by the side effects of a Gilead HIV drug (Atripla, Truvada, Complera, Stribild, Viread), you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the Problem?
Gilead had attempted to have all claims in the suit tossed by arguing preemption by federal law, which Judge Tigar denied, saying the company never specified any federal law that would have barred it from developing a drug that contained TAF instead of TDF.
“At this stage of the proceedings, the court therefore concludes that Gilead could have independently complied with both state and federal law prior to submitting the TDF drugs for FDA approval,” Tigar said. “Because Gilead has not presented ‘clear evidence’ that the [U.S. Food and Drug Administration] would not have approved the allegedly safer versions of the drugs that plaintiffs contend would have complied with state law, plaintiffs’ pre-approval design-defect claims are not preempted.”
Tigar did narrow the case with leave to amend over patients’ claims that Gilead failed to adequately warn about the risks of TDF, insofar as those claims are based on allegations Gilead could have made a required label change after 2008. A federal regulation was amended that year stating companies could change their labeling without FDA approval only if there was “newly acquired information,” according to Tigar, but the patients were unable to sufficiently prove there was any such information after 2008.
Do I Have a Gilead HIV Medication Lawsuit?
The Pharmaceutical Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in HIV drug lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you or a loved one was harmed by the side effects of a Gilead HIV drug (Atripla, Truvada, Complera, Stribild, Viread), you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.