Gilead, Maker of AIDS Med, Targeted in Civil Lawsuits
Gilead Sciences, Inc., which made headlines recently from a Trump tweet, is being targeted by multiple plaintiffs in a civil lawsuit alleging that the company failed to correct a known defect in the drug cocktail prescribed to patients with HIV. Gilead had a safer alternative to the drug tenofovir disoproxil fumarate (TDF) known as tenofovir alafenamide (TAF) already synthesized in its laboratories. The lawsuits state that Gilead failed to warn doctors and patients about the deleterious side effects of the drug and failed to remedy the situation despite known that the drug had serious side effects.
At least 41 individuals suffered severe complications from the drug and there are 41 plaintiffs in the lawsuit. Individuals claim that they suffered kidney damage and bone damage as a result of taking TDF. The complaint further alleges that Gilead knew about the serious risks of the medication but failed to inform doctors of the risks so that the could warn their patients about the potential side effects. As a result, the plaintiffs say that Gilead risked fatally injuring the patients who required the medication. The further allege that Gilead suppressed studies that showed the drug was potentially fatal in order to increase revenue. The last part of the complaint states that Gilead had a safer alternative and should have made every effort to replace the drug with the newer medication.
Viread and Truvada Both Contained TDF
Among the medications that Gilead produced that contained TDF are:
- Complera, and
The lawsuit alleges that patients who were exposed to the medication likely suffered significant bone and kidney damage and more plaintiffs seem likely. The complaint goes further. Not only do the plaintiffs maintain that Gilead had the TAF alternative available for the market, the complaint states that Gilead suppressed knowledge of the drug in order to extend the patent life and FDA exclusivity.
Punitive Damages Seem Likely
In a product liability suit, particularly one involving a drug, adverse reactions are inevitable. Whether or not the company is responsible for those adverse reactions depends on whether or not they warned doctors concerning the potential risks. Failure-to-warn lawsuits are the most commonly filed claim when it comes to drug liability. This is true even when the drug company wasn’t aware or it cannot be firmly established that they were aware of the potential side effects of the drug.
In cases where it can be established that they were not only aware of the potential side effects of the drug, but they suppressed knowledge concerning those side effects, delayed introducing a better alternative to the stream of commerce, and did so for the purpose of maximizing their profits, punitive damages are not only possible but very likely. If it can be established that Gilead put profits before patients and that the harm they caused was inevitable, punitive damages seem very likely.
Talk to a Miami Personal Injury Lawyer
The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. have a history of success representing clients in various forms of tort lawsuits. If you’ve been injured by someone else’s malice or negligence, contact us today for a free consultation.