In decades past, a diagnosis of Human Immunodeficiency Virus (HIV) was akin to a death sentence. However, incredible advances in both HIV treatment and prevention have significantly reduced the number of people who die from Acquired Immunodeficiency Syndrome (AIDS). By simply taking a pill, many people have been able to successfully reduce their chances of acquiring the HIV virus while others are able to take medications to slow the progression of AIDS. However, a product liability lawsuit aimed at a company who manufactures these types of drugs asserts that the drugs are not as safe as the public has been led to believe. The AIDS Healthcare Foundation is now asking one HIV/AIDS drug manufacturer to compensate victims for exposing them to unnecessary medical risks associated with these drugs.
A lawsuit filed in Alameda County seeks to hold HIV/AIDS drug manufacturer Gilead Sciences Inc. accountable for purportedly failing to fix a defect in one popular medication. The lawsuit alleges that a medication manufactured by Gilead Sciences Inc. which is designed to prevent and treat HIV/AIDS was not as safe as it could have been.
According to the lawsuit, there were known defects with the formulation of a medication called tenofovir disoproxil fumarate (TDF), but these issues were not resolved. Supposedly, a safer version of the drug, called tenofovir alafenamide (TAF), was available but Gilead Sciences chose instead to continue manufacturing and selling the defective drug for financial reasons. The lawsuit also alleges that Gilead did not adequately warn patients of the dangerous side effects associated with TDF and even purposely mislead the public about TDF’s safety and efficacy.
According to the Alameda County lawsuit, there are serious and even deadly side effects associated with the HIV/AIDS drug TDF. Although a version of the drug with fewer dangerous side effects had been created by Gilead, the company did not stop selling the risker version. The lawsuit names 40 plaintiffs who were harmed by taking the defective medication. The AIDS Healthcare Foundation is calling on Gilead Sciences Inc., to establish a $10 billion fund to compensate victims who were injured by this medication.
A class action lawsuit has been filed on behalf of individuals in California who were prescribed the HIV/AIDS medications Viread, Truvada, or Atripla. The specific claims named in the personal injury suit include design defect, failure to warn, breach of implied warranty, and breach of express warranty among other allegations.
If you or a loved one have been harmed by a defective product, contact an experienced San Jose personal injury lawyer as soon as possible. Call the Law Office of John J. Garvey, III at 408-293-7777 to schedule a free consultation.