Plaintiffs’ Claims Against Gilead Permitted to Proceed in HIV Drug Lawsuits

By Stark & Stark on May 14th, 2019

Posted in Mass Torts

Gilead Sciences, Inc. (“Gilead”) manufacturers the HIV drugs: Truvada, Atripla, Viread, Stribild, and Complera. After being named as a defendant in multiple lawsuits in 2018, Gilead filed a motion to dismiss all of the plaintiffs’ claims in the lawsuits, arguing that they were preempted by federal law, including the design defect allegations. Plaintiffs allege that these HIV drugs, which contain tenofovir disoproxil fumarate (“TDF”), cause kidney damage, such as chronic kidney disease, and bone damage, such as osteoporosis or osteopenia.

U.S. District Judge, Jon S. Tigar, recently held that “Gilead could have independently complied with both state and federal law prior to submitting the TDF drugs for FDA approval. 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.” The judge also allowed plaintiffs to proceed with any of their fraud and consumer protection claims, based on Gilead’s alleged omissions.

However, Judge Tigar did grant a portion of Gilead’s motion, dismissing claims related to plaintiffs’ claim that Gilead had failed to warn them and their doctors about the risks associated with the HIV drugs insofar as those claims are based on assertions that Gilead could have made a required label change after 2008. Judge Tigar advised that plaintiffs could amend their Complaints with additional information to try to revive the claim. Claims related to fraud and consumer protection claims were also dismissed insofar as the claims were based on alleged misrepresentations Gilead made about the HIV drugs.

With Judge Tigar’s recent ruling, additional complaints are expected to be filed in the near future with an application for official consolidation to follow. Visit our website for more information about our HIV / AIDS lawsuit attorneys.

Multiple locations to better serve your needs—

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer

Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
county best pa pennsylvania reviews south jersey berks northhampton montgomery bucks lehigh valley gloucester burlington mercer