In a defective drug lawsuit, “failure to warn” refers to 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. According to AIDS Healthcare Foundation (AHF), “Instead of fully and completely investigating and disclosing the known and knowable risks associated with tenofovir disoproxil fumarate (TDF), Gilead ignored and affirmatively misrepresented them.” It is clear here that Gilead failed to warn users about the serious risks of 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 fully profit from Truvada. The Pettry v. Gilead Scis., Inc (2020) lawsuit states “These revenues incentivized Gilead to protect the market for TDF by forestalling the market entry of generic TDF and delaying the development of Gilead’s safer TDF-substitute drug called tenofovir alafenamide (“TAF).”
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, you can connect with an attorney as soon as possible. You could potentially file suit against the manufacturer and receive compensation.
Proving a Dangerous Drug Claim
Truvada can cause a range of serious side effects which include kidney damage, liver disease, lactic acidosis, and osteoporosis, among others. If you suffered any serious injuries due to Truvada, you could potentially file a defective drug lawsuit and seek compensation for monetary losses and other damages. However, in order to have a claim you will have to prove:
- The drug manufacturer or other liable party owed you a duty of care
- They breached their duty by omitting information about risks or by bringing a dangerous drug to the market
- The breach directly caused your health condition and injury
- You have damages such as medical bills as a result
As well as proving a manufacturer’s fault, you will also have to submit evidence for your damages. Damages can be medical bills, loss of income, physical pain, emotional suffering, loss of life quality, and others. Documents that your attorney may require as evidence can include:
- Medical statements and reports
- Evidence of medical expenses such as bills and receipts
- Receipts for out-of-pocket expenses
- Pay stubs to prove loss of income
Trying to file a lawsuit and obtaining all the necessary documents can seem like a lot of work. However, a Truvada lawsuit lawyer can help you with all aspects of a claim, including gathering the necessary evidence to prove fault of the liable parties and your damages.
Compensation Recoverable in a Dangerous Drug Lawsuit
Dangerous drugs do not only cause fatalities but can also leave individuals with permanent damage to their health. Serious side effects from Truvada, such as liver damage, kidney disease, and osteoporosis, could entitle you to compensation.
In a dangerous drug lawsuit, you can potentially recover economic damages, which could include:
- All your medical expenses, including future medical needs
- Loss of income and future loss of income
- Costs of medical devices
- Costs of a home health aide
- Modifications to your home
- Miscellaneous expenses
You could also recover non-economic damages. Non-economic damages do not have a set monetary value and can be subjective. An attorney can help assess your non-economic damages adequately, which can include:
- Physical pain and anguish
- Emotional suffering
- Reduction of life enjoyment
- Permanent disability
Compensation in dangerous drug lawsuits can vary considerably as a final settlement amount will depend on a plaintiff’s overall injuries and financial losses. Since the lawsuit against Truvada has not been settled, the exact compensation victims will receive is not known. However, a lawyer can help provide a potential estimate.
Connect with a Truvada Lawsuit Lawyer for Assistance
While we all understand that drugs have side effects, we do not expect the side effects to cause permanent damage to our health or even death. It seems that drug manufacturer Gilead failed to warn users about the serious risks of Truvada. Some users of the drug might have decided not to use the drug had they known of these serious and potentially fatal side effects. If you suffered any severe adverse reactions from Truvada, you can speak to us.
Drug companies have to play by the rules and should not put profit over the safety of consumers. Ben Crump Law, PLLC is determined to help ordinary people fight for their rights, even if this means standing up to a powerful drug giant. We do not shy away from tough cases and work tirelessly for the best interests of our clients. Call us today for a free case review with one of our team members by dialing (800) 983-6116.
