Truvada (emtricitabine and tenofovir disoproxil fumarate) has become the subject of lawsuits alleging adverse effects, including kidney problems and bone loss. Plaintiffs argue that Gilead, the drug’s manufacturer, withheld a potentially safer alternative, tenofovir alafenamide, to maximize profits from Truvada and other medications containing tenofovir disoproxil fumarate (TDF).
Latest Truvada Lawsuit Updates:
As of October 2023, ongoing litigation sees plaintiffs continuing to file Truvada lawsuits against Gilead. The lawsuits extend beyond Truvada to include Viread, Atripla, Complera, and Stribild, all containing TDF, which plaintiffs assert is toxic to bones and kidneys.
Notable developments include:
May 2023: Commencement of the first of two summary jury trials, a nonbinding process where both sides present their cases privately.
May 2023: Nineteen plaintiffs filed a lawsuit in the Northern District of California, alleging Gilead’s failure to warn about TDF’s toxicity to bones and kidneys.
April 2023: Plaintiffs urged Judge Tigar to reject Gilead’s request to dismiss around 650 plaintiffs allegedly lacking supporting information for their claims.
March 2023: U.S. District Judge Jon S. Tigar of the Northern District of California excluded eight of Gilead’s experts, claiming their opinions were likely ghostwritten by Gilead’s lawyers. Both sides continue to file motions to exclude expert witnesses.
December 2022: Gilead reported facing lawsuits involving over 26,000 plaintiffs across multiple states. The first bellwether in California state court, initially scheduled for October 2022, has been stayed, pending a decision by the California First District Court of Appeal.
The first California federal court bellwether is set to begin in January 2024.
Injuries Named in Truvada Lawsuits:
Truvada lawsuits argue that Gilead was aware or should have been aware of the “highly toxic” nature of Truvada and TDF, risking permanent and potentially fatal damage to the kidneys and bones. Instead of conducting further studies and informing the public, plaintiffs claim that Gilead ignored and misrepresented the risks to maintain and increase market share.
Studies have linked TDF to kidney and bone problems, with claimed injuries including:
Kidney Problems:
Acute Kidney Injury or Acute Renal Failure
Chronic Kidney Disease or declining kidney function
Fanconi’s syndrome — a disorder where certain substances normally absorbed into the blood are excreted in urine instead
Kidney tubular dysfunction
Bone Density Loss:
Osteopenia
Osteoporosis
Bone fractures
Individuals Filing Truvada Lawsuits:
Several individuals have filed Truvada lawsuits, sharing common assertions of Gilead’s failure to warn about side effects and purposeful withholding of the safer drug tenofovir alafenamide (TAF). Notable individuals include:
Michael Lujano and Jonathan C. Gary: Filed a lawsuit in California in May 2018, claiming diagnoses of osteopenia, osteoporosis, and Fanconi syndrome due to Truvada and Atripla use.
Christopher Pierot: Filed a case in Louisiana federal court in July 2018, alleging severe bone necrosis and loss, leading to hip replacements, after taking Truvada.
Vanessa L. Naisha: Filed a lawsuit in Delaware in July 2019, experiencing severe pain, loss of balance, and wheelchair use after hip issues due to Truvada.
AIDS Health Foundation Class Action Lawsuit:
A class action lawsuit filed by the AIDS Health Foundation (AHF) in May 2018, separately from individual injury lawsuits, accuses Gilead of misrepresenting TDF’s safety profile since 2001. The FDA reprimanded Gilead in 2002 and 2003, but the alleged misrepresentation persisted, downplaying risks and maximizing profits.
Allegations in the class action include:
Failing to disclose significant risks of TDF, including toxicity and bone and kidney damage
Failure to warn about risks in all patients, not just those with preexisting kidney and bone problems.
Misrepresentation of TDF risks and benefits:
AHF had previously sued Gilead in April 2016, accusing the company of manipulating the patent system by withholding TAF. Gilead’s response denied claims, asserting no duty to launch new products on a particular timetable.
Media coverage has exposed what AHF describes as “Gilead’s bald-faced greed and disregard for patient safety.” The class action contends that Gilead’s delay in clinical trials deprived HIV patients of TAF for over a decade, potentially causing additional kidney and bone toxicity using TDF.
In conclusion, the Truvada lawsuits involve a range of claims related to kidney problems, bone loss, and Gilead’s alleged misconduct. Ongoing legal proceedings aim to address these concerns and seek compensation for affected individuals.
