As consumers, we expect the medications our doctors prescribe to be safe. We understand that HIV medications have side-effects, but we also expect to be warned about any risks so we can make an informed decision. Even though they had a duty to do so, drug manufacturer Gilead failed to warn users about the serious and potentially fatal risks of Truvada.
According to a lawsuit brought by the AIDS Healthcare Foundation, Gilead also withheld a safer drug from the market for years because Truvada was more profitable (Kenslea, 2019). Unfortunately, these manufacturers often put profits above patient health and safety. When they do, they must be held accountable.
Truvada Lawsuit FAQs
Do you have questions about Truvada lawsuits? You will find answers to our dangerous drug lawyers’ most frequently asked questions here:
Who Can File a Truvada Lawsuit?
Any patient who has suffered an injury and resulting damages as a result of using Truvada can file a lawsuit. In addition to this, certain family members of those who have died after using Truvada may also qualify for compensation. Which family members can file will depend on your state’s laws.
How Long Do I Have to File a Truvada Lawsuit?
How long you have to file a Truvada lawsuit will also vary according to your state’s laws, so it’s best to file as soon as possible. Some states allow you to file within two to three years while others allow as many as five years. An attorney from Ben Crump Law, PLLC, can determine what the laws are in your state and tell you more about your options.
What Documents Do I Need to File a Truvada Lawsuit?
If you want a personal injury lawyer to have the best shot at proving your claim, you should keep track of every receipt and bill that is related to your Truvada injury. 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
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.
How Did the Manufacturers of Truvada Harm Patients?
Lawsuits filed against Gilead Sciences, Inc. claim that the manufacturers failed to adequately warn doctors and patients about the dangers of the drug. In addition to this, the plaintiffs claim that the product had design defects that left many patients seriously ill. When the manufacturer claimed Truvada was safe and risk-free, they failed in their duty to patients.
Despite the fact that Truvada has harmed so many patients, it is just one of several dangerous drugs that are manufactured by Gilead Sciences, Inc., develops and sells. The others include:
How Much Money for a Truvada Lawsuit?
Settlements can vary considerably from one case to the next, so the amount you can expect will depend on the specifics of your case. 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. 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.
No amount of money will take your pain away, but it can make some other areas of life easier. For example, if the simplest daily activities have now become difficult, you will be able to hire someone else to take care of these tasks for you.
What Are the Long-Term Side Effects of Truvada?
In addition to bone density loss and kidney problems, patients who have taken Truvada are also experiencing a host of other long-term side effects that can have a detrimental effect on their lives and health. One 2017 study that was published in the medical journal Drug Safety reported the following effects in patients who took Truvada:
- Abdominal pain
- Back pain
- Joint pain
- Respiratory infections
- Strange dreams
- Weight loss
The side effects of Truvada you may be experiencing will depend on HIV and HBV infection and the condition of your kidneys. If your kidneys have been damaged by the medication, you could experience more serious and long-lasting problems. Patients who are harmed by this medication deserve compensation for their losses.
What Is the Status of the Truvada Lawsuit?
If you’ve been injured by Truvada, you may be wondering about the current state of the litigation before you decide if you want to file. Two lawsuits have been filed against the manufacturer or Truvada. The lawsuits, which were filed on May 8, 2018, allege that Gilead Sciences, Inc. promoted the medication while suppressing a safer alternative, tenofovir alafenamide, or TAF.
Why Did Gilead Sciences, Inc. Withhold the Safer Drug?
The lawsuit alleges that the company did so because it was profitable. The manufacturer’s decision to place profits above patient health and safety, leaving many people with permanent damage to their bones and kidneys.
The litigation against Gilead Sciences, Inc. is currently ongoing. At this time, the drug manufacturer has not reached any Truvada settlement agreements with the injured plaintiffs. There have also not been any court verdicts at this time.
Have There Been Any Truvada Lawsuit Settlements?
Since 2018, a large number of plaintiffs have filed lawsuits against Gilead Sciences, Inc., including one case related to their drug Letairis, which resulted in the manufacturer agreeing to settle for $97 million (Gilead Agrees To Pay, 2020). Despite this, no Truvada lawsuits have been settled to date. This may change in the future as these cases continue to wind their way through the courts.
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 they may 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 a lawsuit against Truvada settles.
How Does a Truvada Lawsuit Attorney Prove a Defective Drug Claim?
Proving a defective drug claim can be challenging and intimidating. To prove a defective drug claim, a Truvada lawsuit attorney must:
- Provide proof of injury through medical reports, medical test results, medical bills, doctor’s statements, and documented proof for any treatments
- Provide proof of drug defects, including defective manufacturing, false advertising, and dangerous side effects
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 then suffered a serious injury as a result.
How Long Do You Have to File a Dangerous Drug Lawsuit?
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 of limitations 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.
How Do You Get a Settlement for a Truvada Lawsuit?
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.
Those who suffered significant injuries and damages can either file an individual personal injury lawsuit or join a Truvada class action lawsuit. This can be beneficial to plaintiffs as you will gain strength in numbers. A class action lawsuit, which is also known as a mass tort, may also provide you with a faster settlement.
How Much Is a Truvada Lawsuit Worth?
Because no settlements have yet been reached in the Truvada class action lawsuit, it is not yet known how much the average settlement will be. However, in another case, Gilead Sciences, Inc. agreed to settle for $97 million after a patient was injured by Letairis, which is also made by the manufacturer.
Ben Crump, PLLC Will Fight for Your Rights
Ben Crump fights 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 will help you seek what you deserve, and we won’t stop until justice is served.
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 that you could do without. However, it may be your only chance of recovering your damages
Waiting too long to file a claim can potentially bar you from getting compensation. If a negligent drug manufacturer is responsible for your injuries or your loved one’s death, let us help. Call Ben Crump, PLLC, for your free consultation now at (800) 961-4664.
Kenslea, G. (2019, July 17). AHF Calls on Gilead to Set Up $10 Billion Fund for Victims Harmed by its TDF-based Drugs.