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Gilead Gets HIV Drug Injury Design Defect Claims Tossed

Sept. 1, 2020, 5:34 PM

Gilead Sciences Inc. convinced a Hawaii federal court to dismiss design defect claims for good in a suit alleging its HIV drug Truvada caused a man’s joint pain, and won dismissal, for now, of his other claims.

Federal law preempts Brian Evans’ “pre-approval” design defect claims that Gilead knew Truvada could cause bone and kidney damage, yet delayed seeking approval of a safer drug to preserve its financial interests, the U.S. District Court for the District of Hawaii said Monday.

It would have been impossible for Gilead to “independently” distribute a drug containing tenofovir alafenamide fumarate (TAF), which he alleged ...