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Gilead Must Keep Defending HIV Drug Design Defect Claims

May 13, 2019, 3:06 PM

Gilead Sciences Inc. must keep defending most claims in a suit alleging it marketed several HIV drugs despite knowing they can cause bone loss and kidney damage.

Some 140 plaintiffs from 31 states alleged Gilead failed to warn about health risks associated with drugs containing tenofovir disoproxil fumarate (TDF). They also alleged the company delayed introducing safer HIV drugs to protect sales of the earlier medicines and to maximize eventual sales of the new products.

The plaintiffs raised design defect, failure-to-warn, and consumer protection claims.

The design-defect claims, which challenged Gilead’s conduct before the drugs were approved by the Food ...