Can Sue...

 

Drugmaker Can Be Sued for Delaying Release of Better Med, Court Rules

The above is a ruling from a California justice cited in this article.  The ruling affects Gilead's decision to keep marketing TDF (Tenofovir)  While pushing back the the development of TAF to insure the prior's financial success.  The case states Gilead knew of adverse affects the original could have such as bone & kidney damage.  The company continued to market TDF, even though they had knowledge of a safer version, TAF, which they shelved for years.  All of this was done to insure profitability.

The plaintiffs are suing for compensation.  They are not suing to claim the original drug was defective.  Only that it was sold when a knowingly safer version was available.  They believe it was the company's responsibility to promote the safest version.   The suit is over negligence & fraudulent concealment. 

The court announced this can move forward unless Gilead can prove it withheld the newer med for some other viable reason besides profit.  Gilead intends to take this to the state's Supreme Court.  Of course the company is crying fowl.

This is an important development.  Give it a read.  This won't be the last of this & could happen to other companies.  Take care.

Cya...