On June 13, 2022, plaintiffs won a series of procedural victories in the kidney and bone injury lawsuit filed against pharma giant Gilead Sciences when California Superior Court Judge Andrew Y.S. Cheng denied three summary judgment motions filed by Gilead seeking to dismiss the litigation. Since the dangers from Gilead’s prescription medications (Truvada® and Atripla®) that contain tenofovir disoproxil fumarate (“TDF”) became known, over 22,000 patients who suffered kidney and bone injuries from these drugs have filed suit against Gilead in California. These lawsuits allege that the drugs they were provided were more harmful derivatives than other, newer drugs the company had created but would not sell until its stock of the more harmful drugs was exhausted. These first-in-the-nation cases against Gilead seek damages and other remedies for the personal injuries plaintiffs suffered.
Plaintiffs claim that Gilead knew or should have known of a safer alternative design for its TDF-containing drugs, and failed to adequately warn of the known and knowable risks associated with its medications. They allege causes of action for strict products liability, negligent products liability, breach of implied warranty, and breach of express warranty.
The cases were consolidated before Judge Cheng to streamline the litigation for maximally efficient adjudication. Individual test trials, known as “bellwether trials,” have been scheduled, and the first of those bellwethers is scheduled to begin this fall (October 2022).
Judge Cheng’s recent orders denied all of the defendants’ motions for summary judgement, including one aimed at each of the first two bellwether plaintiffs and one targeting issues common to every plaintiff. With these dismissal attempts now roundly rejected by Judge Cheng, the litigation will once again move forward.
Learn more about the Gilead HIV Drug Kidney & Bone Injuries Litigation
Contact National Drug Injury Attorneys
If you believe you have suffered kidney or bone injury relating to Gilead HIV drugs you were led to take with insufficient warnings because Gilead delayed selling its safer and better HIV drugs until it could sell all of its earlier more harmful drugs, please contact Lieff Cabraser partner Sarah London today at 1 800 541-7358 or by using the form on this page to talk about your case and potential recovery. There is no charge for our review of your case, and all information you provide will be held in the strictest confidence.
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