California’s Court of Appeals denies Gilead Sciences’ request for immunity from liability

BALTIMORE, MD, January 23, 2024 /24-7PressRelease/ — In a pivotal decision, the California Court of Appeal rejected Gilead Sciences’ bid for immunity from liability in a case involving its HIV medications. This ruling represents a critical juncture in the ongoing legal dispute over Gilead’s management of its HIV antiretroviral drugs, particularly the delayed release of tenofovir alafenamide (TAF), a safer alternative to its existing medication, tenofovir disoproxil fumarate (TDF).

The Court’s comprehensive 62-page opinion firmly denounces Gilead’s approach, highlighting the company’s alleged strategy to maximize profits from TDF at the expense of patient safety. The California Court of Appeal’s decision clarifies that Gilead had a legal duty to avoid foreseeable harm to the users of its medications, rebuking the pharmaceutical giant’s rejection of that obligation.

The case, which involves more than 22,000+ lawsuits consolidated in a mass tort action, accuses Gilead of intentionally delaying the development of TAF despite being aware of its safer profile compared to TDF. The extensive discovery phase of the litigation revealed internal documents suggesting Gilead could have released TAF significantly earlier than its eventual 2015 U.S. Food and Drug Administration (FDA) approval, thereby preventing harm to patients. The prolonged exposure to TDF significantly increased the risks to kidney and bone health.

The Court found Gilead’s actions “morally blameworthy,” emphasizing the ethical implications of their decision-making process.

Co-lead counsel Robert K. Jenner of Jenner Law has been instrumental in bringing these allegations to light. He has reaffirmed its commitment to seeking justice for those adversely affected by TDF, emphasizing the importance of holding corporations accountable for their actions.

About Jenner Law

Jenner Law is a nationally recognized personal injury law firm renowned for its commitment to representing individuals in life-altering injury cases. With offices in Maryland, Virginia, and Massachusetts, the firm specializes in complex cases involving dangerous drugs and medical devices, sexual abuse, and general negligence.

Led by Robert K. Jenner, one of “America’s 55 Most Influential Trial Lawyers,” the firm has established itself at the forefront of significant legal battles, including the high-profile case against Gilead Sciences over its HIV medication.

The Jenner Law team includes accomplished attorneys Katie Kerner and Elisha Hawk and offers expertise in a range of areas, from sexual abuse lawsuits, including clergy and therapist abuse, to personal injury cases involving catastrophic injuries and environmental pollutants.

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