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Hello, this is attorney Michael Monheit and I'm here in Philadelphia and I'm going to bring you up to date on litigation that's recently been filed in the superior court in the state of California in the county of San Francisco. A litigation that was filed this April 2019 against a manufacturer and developer and seller of a product. The company is Gilead Sciences and the medication is an HIV medication that was sold under the brand names of Viread, Truvada, Atripla, Stribild and Complera. The case is pretty straight forward. As alleged in the complaint filed in California state court, it's a case of corporate greed involving the decision of a pharmaceutical company, to withhold for more than one decade, a pro-drug for the treatment of HIV. That it knew that it was safer and more effective than the pro-drug that it had already put into the market. Now these are serious allegations filed in this complaint. Gilead Sciences Incorporated is a California pharmaceutical giant. Gilead acquired the rights to a drug called Tenofovir. T-E-N-O-F-O-V-I-R in the mid 1990s. And it secured exclusive rights to license, synthesize and create tenofovir-based compounds. So what happened? Beginning in 2001, Gilead manufactured and sold pro-drug forms of tenofovir called TDF. At the same time, it had developed another pro-drug in another form of tenofovir that it called TAF. Which it knew to be less toxic to the kidneys and the bones. The medications that were developed by Gilead were sold under the brand names Viread, Truvada, Atripla, Stribild and Complera. Data submitted in 2000 by the company, in a patent application, before TDF was even approved, revealed that Gilead knew TAF was substantially less toxic than TAF. Yet, Gilead shelved the TAF project in 2004. And it's alleged this was done to maximize profits on the existing TDF patent. Gilead entered a marketplace to the exclusion of all others leaving patients with no choice, in an already desperate situation. And under these circumstances, the plaintiff's allege that Gilead owed the safest possible drug. But ten years later in 2014, as the TDF patent came to a close, only then did Gilead apply strategically for FDA approval of TAF. And in November of 2015, it brought it to market for the very first time. So when Gilead introduced TAF to physicians in 2015, it touted TAF as a new and novel pro-drug formulation that was much safer for patients. But there was nothing new about it. Make no mistake, it was the same drug that it kept on the shelf in development since at least 2000. And as a result, it's alleged that hundreds of thousands of HIV infected patients, patients taking the drug prophylactically, they were exposed to a more toxic form of the drug for over a decade. These patients, including the plaintiff's in the lawsuit, unwittingly and needlessly suffered permanent debilitating and sometimes fatal kidney damage and bone damage. Now, what's the history of these medications? Gilead's drugs were developed from around 1990 to 2012. And throughout the development of these TDF drugs, Gilead knew that tenofovir, in the pro-drug form of TDF, was extremely toxic to patients' kidneys, bones and teeth. At the same time as it developed TDF, Gilead had investigated, discovered and researched and developed a safer more effective tenofovir pro-drug called Tenofovir Alafenamide Fumarate, TAF. And that TAF formula reduced human toxicity and the risk of resulting injury in the kidneys and bones. However, despite having already developed a safer form of tenofovir, Gilead, as is alleged in these complaints, intentionally, knowingly, willfully, recklessly, carelessly, marketed the TDF-based medication, Viread. And withheld the safer TAF-based formulations from the market until November of 2015. Resulting in injuries to the plaintiff's and to other patients. And in so doing, Gilead was able to maximize its profits and fully exploit its patents on its TDF-based medications. These allegations are just the latest in an assault that the HIV Aids community has suffered. The HIV community has been neglected, marginalized, stigmatized, and discriminated against ever since the disease entered the public lexicon in 1981 when it was interchangeably referred to as gay-related immune deficiency, gay-mans pneumonia, and gay cancer.

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