Gilead Case Could Reshape Drug Liability: California Brief

Gilead Fights ‘Limitless’ Liability

Gilead Sciences Inc.'s Viread AIDS medication

Photographer: Jb Reed/Bloomberg via Getty Images

A groundbreaking theory of product liability will be tested Wednesday when the California Supreme Court hears a case against Gilead Sciences, Quinn Wilson reports.

Thousands of patients argue the drugmaker breached a duty of reasonable care when it paused development of a less-toxic alternative to its HIV drug tenofovir, which can damage kidney function and bone density. Gilead is appealing trial and appellate court rulings that allowed the plaintiffs’ negligence claim to proceed.

The case carries implications for drugmakers nationwide, which could be subject to a new, higher standard around product innovation. Gilead argues ...