At this time, there are several lawsuits pending against the manufacturer of Truvada, Gilead Sciences, alleging that the drug causes bone loss and kidney problems. The lawsuits also claim that Gilead Sciences withheld the safer alternative to Truvada, called tenofovir alafenamide (TAF), in an effort to keep profiting from the existing drug.
If you suffered debilitating side effects due to the drug Truvada, you could have the legal right to pursue justice and compensation. Contact Ben Crump Law, PLLC to see if a Truvada lawsuit lawyer can help you with your case at (800) 961-4664.
Nearly seven out of 10 Americans take prescription drugs to help control medical conditions, according to the Mayo Clinic. We expect those medications to be reasonably safe. All medications in the U.S. go through a stringent regulatory process before approval, after all. However, problems arise when a pharmaceutical company cares more for its profits than for the well-being of consumers and fails to warn about major side effects of a drug. As a consequence, they put the lives and health of their consumers at risk.
What Is Truvada?
Truvada is an antiretroviral prescription medicine containing tenofovir disoproxil fumarate (TDF). Truvada is generally used to treat and prevent HIV. While the drug cannot cure HIV, it is one of several drugs that can slow the progression of the disease. It can also reduce the occurrence of any illnesses due to HIV, such as other infections and cancer.
Truvada cannot prevent all infections. However, according to the Centers for Disease Control and Prevention (CDC), it is sometimes prescribed as prophylaxis to those individuals who have a sex partner with an HIV infection or who are otherwise at risk of infection.
Who Can File a Truvada Lawsuit Claim?
Generally speaking, anyone who has suffered injury and damages due to the drug Truvada may qualify to file a Truvada lawsuit against the manufacturer and other liable parties. If you are a close relative, such as the spouse or child of someone who passed away from a serious condition caused by Truvada, you could potentially file a wrongful death lawsuit.
Defective Drug Lawsuits Involving Truvada
Some drug companies try to get away with putting profit before public health and the health of their consumers. There are several ways in which pharmaceutical companies can act unethically and immorally, for example, by manipulating clinical trial data or by failing to warn of serious side effects. Grounds for a lawsuit could also arise if the drug was impacted by a manufacturing defect.
Consumers can face considerable risks from so-called “bad drugs,” including aggravation of an existing condition, new and serious medical problems, and even death.
However, the law generally provides legal recourse for individuals that got hurt by a bad drug. Those who suffered significant injuries and damages can either file an individual personal injury lawsuit or sometimes have the option to group together with several other plaintiffs who suffered similar damages. A so-called “mass-tort” can be beneficial for plaintiffs as they gain strength in numbers. Mass torts may also produce a faster settlement as a pharmaceutical company may want to get a claim over and done with rather than having to deal with possible negative media attention.
Truvada Has Potentially Deadly Side Effects
Current Opinion in Nephrology and Hypertension states that the main ingredient in the drug Truvada, TDF, can cause kidney and bone toxicity with potentially detrimental consequences. However, the drug also has a number of other potentially dangerous side effects, including liver failure and lactic acidosis. Some of these conditions can potentially lead to the death of patients.
If you have taken Truvada or another drug containing TDF, and a doctor diagnosed you with any of the following conditions or others, you might be able to file a claim.
Kidney Failure: Truvada can cause kidney problems, including kidney failure and Fanconi syndrome. Kidney failure occurs when the kidneys can no longer filter waste from an individual’s bloodstream. In some cases, kidney failure can cause death.
Osteoporosis: Truvada, in particular the ingredient TDF, can lead to loss of bone density and osteoporosis. The National Center for Biotechnology Information (NCBI) links TDF to bone problems in children and young adults. Those suffering from bone density loss and osteoporosis may be at risk of developing fractures.
Lactic Acidosis: Lactic acidosis is a serious and potentially fatal condition that is caused by a buildup of lactic acid in the blood. Truvada and similar drugs containing TDF can lead to lactic acidosis in some individuals.
Liver Failure: The U.S. Food and Drug Administration (FDA) confirmed a link between Truvada and liver disease. Truvada can potentially cause significant liver damage and liver failure. Complete liver failure can be fatal.
How Long Do I Have to File a Truvada Lawsuit?
How long you have to file a Truvada lawsuit varies, depending on your state. Statutes of limitations depend on the jurisdiction and claim type, as noted by the Legal Information Institute (LII). Delaying legal action can cost you the right to pursue compensation for your injuries.
When it comes to defective drug claims, such as a Truvada lawsuit, some states may have a two- or three-year limit in which victims can file suit. Others can give individuals up to five years to file legal action against a drug manufacturer. It is important to note that some states have a relatively short deadline of only one year for filing a Truvada lawsuit. Seeking legal advice can help you find out which laws apply in your state. A Truvada lawsuit lawyer can advise you and file your lawsuit within your state’s statute of limitations.
The Clock Starts Ticking on the Day of Your Injury
While the rules on defective drug lawsuits vary from state to state, there are some general rules for when the statute of limitations starts coming into effect. Typically, the time starts ticking down on the day of your injury or when you discovered your injury.
The Day Your Injury Occurred
In some states, the statute of limitations starts running on the day you suffered your injury. This can be devastating for those who did not discover their injury for a while. Some serious side effects from drugs may result in illnesses that could silently progress for years, such as osteoporosis in Truvada cases.
When You Discover Your Injury
Some states recognize that injuries can have a delayed onset in some cases. Therefore, the statute of limitations starts to run down when the injured person or their doctor discover the injury or should have discovered the injury.
This is also sometimes called the “discovery rule.” Concerning Truvada, you may have been suffering from chronic kidney failure for years. Studies indicate that the HIV medication, according to the Journal of the American Society of Nephrology (JASN), can cause kidney damage.
Since chronic kidney failure only presents with symptoms when it is relatively advanced, you may not have known that you had this condition. The statute would then start running only from the day your doctor discovered your kidney disease.
Either way, it can be advantageous to file a lawsuit as soon as you can. At the very least, you need to know the deadline so that you can plan to bring your lawsuit well within the timeframe that your state set. While there can be exceptions in rare cases, the court can bar you from taking legal recourse and recovering compensation if you file too late.
If the statute of limitations timeline has already run out in your state, a Truvada lawsuit lawyer might be able to tell you if you still have options to file a lawsuit and recover compensation.
What Should I Do if I’ve Been Affected by Truvada?
Getting medical attention and treatment as soon as possible can be crucial for those experiencing adverse health effects from Truvada. Even if you only experience mild side effects such as nausea, stomach cramps, or headaches, consult with your doctor for advice.
There are alternative medicines on the market that do not include the controversial ingredient TDF, and your doctor may be able to recommend a safer medication for you.
Get Legal Advice
Getting medical help should be your priority if you have been affected by Truvada. However, if your doctor detects a serious disease that may be a side effect of taking Truvada, consult with an attorney. You might have legal recourse and could recover financial compensation for your illness.
Serious side effects from Truvada can result in physical pain, emotional distress, and a mountain of medical bills. Victims might require hospitalization, surgeries, and various medical treatments. In some individuals, the side effects can cause untimely death.
Filing a lawsuit against the manufacturer can potentially allow you to seek damages for your pain and suffering as well as your financial losses.
While you may not be feeling your best, if you are suffering from any serious medical complications, consider timely action. Most states allow filing defective drug lawsuits only for a specific period, which could be two years or less. Waiting too long could leave you without any chance of getting justice and recovering compensation.
A Truvada lawsuit lawyer can advise you comprehensively on your legal rights and deadlines you might have to consider.
Act Quickly to Pursue a Truvada Lawsuit
Do not wait too long to seek legal advice. If the statute of limitation expires, you may be unable to pursue legal action, and you may be barred from getting compensation.
As soon as you are able, speak with a law firm about your case.
Ben Crump, PLLC, Can Help
Victims of Truvada may have developed diseases that could require extensive and costly medical treatments for the rest of their lives. They might have to give up their careers. If this happened to you, the drug manufacturer or other liable party should pay for your damages.
Ben Crump, PLLC, can help you get justice. Call us now and tell us what happened in a free consultation with one of our compassionate team members.
Do I Have Grounds for a Truvada Lawsuit?
You might have grounds for a Truvada lawsuit if you suffered an injury due to a serious side effect from Truvada. You could also have legal recourse if a close relative died after developing a serious condition due to the medication.
Proving a Defective Drug Claim
Proving a defective drug claim can be challenging and intimidating. You will most likely be up against a powerful pharmaceutical company with virtually unlimited resources. However, those who suffered injuries due to a defective drug could have a solid case if they can prove they took the drug and subsequently suffered a serious injury.
To have a case against a drug manufacturer or other liable party, a plaintiff will have to prove:
Proof of Injury
In a lawsuit, you will have to prove your injuries. If you suffered serious side effects due to taking Truvada, you should be able to show proof of the condition and any treatments you had. Proof can include medical reports, doctor’s statements, and medical bills for any treatments.
Proof of Defect
Proving the defect of the drug can be more complicated and require expert witnesses. A drug can be defective in various ways, including:
- Defective Manufacturing: Defects in manufacturing can result in a bad or impure medication that injures consumers.
- Dangerous Side Effects: Concealing dangerous side effects from consumers is illegal. Truvada may produce dangerous and potentially fatal side effects in some individuals.
- False Marketing: False marketing can include insufficient labeling of the drug, for example, omitting serious side effects or incomplete information regarding usage.
In the case of Truvada, plaintiffs allege that manufacturer Gilead Sciences, Inc. knew about considerable design flaws responsible for the serious side effects that consumers experienced. The lawsuits also mention a failure to warn patients and doctors of significant health risks. However, some say they allegedly knew about the drug’s potential toxicity, which led them to develop a safer alternative medication.
If you are considering taking legal action regarding a defective drug, consult with an attorney to find out whether you have grounds for a Truvada lawsuit.
What Documents Do I Need to File a Truvada Lawsuit?
If you want to prepare yourself for a lawsuit, you should keep track of all your medical treatments, as well as every single receipt and bill you have paid or received. Your Truvada lawsuit lawyer can advise you on what other documents you will need to file a Truvada lawsuit.
In general, documentation that helps your claim can include:
- Evidence that you took Truvada
- Medical reports detailing all injuries and conditions
- Records of medical treatments, such as surgeries
- Medical statements and bills
- Receipts for medications
- Records of any counseling you received for emotional distress
- Receipts for the purchase of medical devices
- Pay stubs and bank statements to prove lost wages
- Records of missed time at work
- Logs of your pain levels and mental anguish
- Photos of your injury
Since defective drug claims can differ from person to person, consulting with a Truvada lawsuit lawyer can help you find out what your next best steps may be.
Linking Your Injury to the Defective Drug
In defective drug claims, the sticking point is typically proving that the plaintiff’s injury or serious medical condition is directly caused by the dangerous medication. Therefore, without being able to link your injury to Truvada, you will not have a claim against the manufacturer. Even if you can provide a strong link between your injury and the medication, the manufacturer may try to argue that your condition arose due to any pre-existing conditions or because you did not take the medicine according to the instructions.
In short, if you or a loved one suffered significant injuries from Truvada, you will need to supply compelling evidence in order to recover damages. In your claim, it will be crucial to establish a direct link between using Truvada and your injuries. An attorney can help with gathering the important evidence needed to prove your claim, for example, doctor’s reports stating injuries due to side effects. Your Truvada lawsuit lawyer can also draw on expert witnesses that could testify on your behalf in court.
How We Can Help with Your Truvada Lawsuit
Our clients often ask us what the average settlement for a defective drug lawsuit is. Compensation and settlement amounts are usually determined by multiple factors, including but not limited to:
- Compelling evidence proving a claim
- The extent of a plaintiff’s injuries
- Age and life expectancy of the plaintiff
- Medical treatments needed in the future
If you or a loved one suffered serious side effects due to Truvada, contact us today. We can let you know which documents you need to file a Truvada lawsuit and help you gather the necessary evidence. Call us now for a free consultation.
Has the Truvada Lawsuit Settled?
Truvada lawsuits have not been settled to date despite the fact that a large number of plaintiffs have filed lawsuits against Gilead Sciences, Inc., in California and other states. Lawsuits against the company started to surface in 2018. While multiple suits are pending, there have been no reports of any settlement negotiations yet.
Generally, dangerous drug cases can take years to conclude as there is a lot at stake for a pharmaceutical company. A drug manufacturer will typically fight any legal actions and could file appeal after appeal. Dangerous drug cases also require a considerable amount of evidence against the at-fault parties, and they typically rely on expert witnesses’ opinions. Therefore, it could take years before plaintiffs receive settlements in Truvada lawsuits.
Dangerous Drug Lawsuits Have Time Limits
Remember, you do not have unlimited time to take legal action. Waiting too long before seeking legal advice could leave you without legal recourse and the right to pursue compensation.
While there can be some rare exceptions to these deadlines for filing a lawsuit, it is generally advised to consult with an attorney well before the statute in your state has run out.
Truvada lawsuits have not settled yet, and any decisions might still be months or years away. However, consider that the sooner an attorney can get working on your case, the sooner you could receive a settlement.
What Kind of Compensation Can I Receive if I File a Truvada Lawsuit?
If you experienced any serious medical conditions after taking the drug Truvada, you could potentially hold the manufacturer and other liable parties to account for your damages.
Those impacted by the drug will want to know what kind of compensation they could receive if they file a Truvada lawsuit. While settlements can vary considerably from one case to the next, you could recover economic, as well as non-economic damages.
If you have mounting medical bills and other expenses due to an illness that arose from taking Truvada, you could recover substantial economic damages in a lawsuit. Economic damages should reimburse you for any actual costs you incurred from your illness or condition. Examples of economic damages can include:
- Past, present, and future medical expenses
- Past, present, and future lost income as a result of your injury
- Lost earning capacity
- Household services
- Out-of-pocket expenses
In order to recover compensation, a plaintiff will also have to prove their damages. Any future expected medical costs, for example, will most likely require proof from your doctor.
When an individual suffers a major injury or devastating and permanent medical condition due to a defective drug, they could recover substantial non-economic damages. An individual may have lost their joy of living or now be unable to partake in an activity or hobby they used to enjoy before their injury. The simplest of daily activities, such as housework, cooking, or exercising, may now be too painful, leaving a victim dependent on others. Non-economic damages that a plaintiff could receive can include awards for:
- Pain and anguish
- Mental distress
- Aggravation of previous injuries
- Reduction of life quality
You could also potentially seek other non-economic damages in your specific claim.
Settlements for Truvada Lawsuits
Settlements in defective drug claims can depend on a number of factors, including the extent and permanence of the plaintiff’s injuries. Someone who has debilitating injuries or a permanent disability as the result of taking a defective or dangerous drug could potentially recover a much larger settlement than a plaintiff who suffered only minor injuries. Other factors that a court will consider can include:
- Medical costs and projected future costs
- Strength of the available evidence
- Age and life expectancy of the victim
- Loss of income and projected future loss of earnings
The type of settlement you could recover will generally depend on the severity of your injuries and the extent of your expenses connected to the injuries. A Truvada lawsuit lawyer can advise you on the potential worth of your claim.
Did Gilead Fail to Warn Users About the Serious Risks of Truvada?
Some defective drug lawsuits are based on a pharmaceutical company failing to disclose a known side effect or risk to consumers. While most medications carry some risk and have side effects, the warning label should include this information so that doctors and patients can make informed decisions. However, when a drug manufacturer omits a serious side effect or withholds pivotal information about the drug, they could be liable for a patient’s injuries and damages.
Truvada, the HIV drug, can cause some severe and potentially fatal side effects. Some lawsuits allege that the manufacturer, Gilead Sciences, Inc., failed to warn doctors and patients about the risks associated with Truvada. Lawsuits state that Gilead had concluded the development of a safer alternative to Truvada without the questionable ingredient TDF.
However, plaintiffs allege that the company had held back this less toxic medication for years in order to profit from Truvada. When a pharmaceutical company puts profits before consumer safety, the law generally sides with the consumer. Those who suffered injuries may have legal recourse.
If you suffered from any devastating or permanent health conditions due to Gilead failing to warn users about the serious risks of Truvada, connect with a law firm as soon as possible. You could potentially file a lawsuit against the manufacturer and receive compensation.
Did Gilead Withhold a Safer Drug?
According to a lawsuit brought by the AIDS Healthcare Foundation, Gilead withheld a safer drug from the market for years.
The alternative medication does not use the toxic ingredient TDF but instead is based on a less damaging active ingredient known as TAF. The lawsuits also allege that Gilead’s own clinical trials showed that the new drug is safer than Truvada.
Pharmaceutical Companies Can Be Profit-Driven
Pharmaceutical companies spend billions developing new drugs, according to Johns Hopkins Bloomberg School of Public Health. Research, clinical trials, and tests do not come cheap. In this country, drugs also need approval from the FDA. Since not all drugs make it to market, pharmaceutical companies have sizable overheads.
The process for developing new drugs is long, difficult, and expensive. This means that once a drug manufacturer successfully brings a drug onto the market, they want to maximize profits from the medication as much as possible. This leads some manufacturers to put public safety second.
There are various ways in which a drug manufacturer may act in unethical ways, including:
Failure to Warn
In a dangerous drug claim, failure to warn can describe missing instructions on labeling as well as the omission of any side effects. In some cases, a side effect may not have been discovered in clinical trials, and in others, a manufacturer deliberately tries to conceal any serious side effects.
Drug defects can occur during the manufacturing process, including contamination and other issues.
This is commonly known as a drug design defect. When side effects can be so severe as to cause great harm to a patient, the drug could be deemed too dangerous for consumers. Patients who suffered injuries due to the bad drug could sue the manufacturer.
Ben Crump, PLLC Can Fight for Your Rights
We understand that standing up to a big pharmaceutical company can seem intimidating and perhaps even hopeless. Moreover, if you suffered significant injuries due to a defective drug, and you are not feeling your best, a lawsuit may also feel like added stress and upheaval that you could do without. However, if the drug manufacturer caused your damages with their negligence and recklessness, a lawsuit may be your only chance of recovering your due.
Legal help is available, so you do not have to worry about having to do this on your own. We can be by your side every step of the way and see your lawsuit through to the end. Ben Crump, PLLC can fight tirelessly to help regular people who suffered harm due to negligent or fraudulent corporations. You should not have to pay for medical bills and other costs that arose due to a defective drug. We could help you seek what you deserve.
However, do not wait until you run out of time. Waiting too long can potentially bar you from getting compensation. If a negligent drug manufacturer is responsible for your injuries or your loved one’s death, a Truvada lawsuit lawyer might be able to help you. Call Ben Crump, PLLC, for your free consultation now at (800) 961-4664.