The AIDS Law Project of Pennsylvania has filed a class action lawsuit against Gilead Sciences, alleging the company violated the medical privacy of people who are taking PrEP, medicine designed to prevent people from contracting HIV. The HIV medication class action lawsuit was filed in the Northern District of California. 

According to the AIDS Law Project of Pennsylvania, the company sent out envelopes that read “HIV Prevention Team” in the return address. The pharmaceutical giant has already responded, denying the legal allegations made, but apologizing to those affected. The company stated that the envelopes were supposed to sent to medical professionals, but were accidentally sent to patients.

The Philadelphia Inquirer states that the company has taken steps to discontinue the use of the envelopes. The mailers in question were reportedly sent to patients who were participating in the patient assistance program offered by the company.

Executive Director of the AIDS Law Project Ronda Goldfein told the Inquirer the patient assistance program is “a great program,” but admonished the mistake made by the company. She called the mistake “completely dumb,” explaining that “people didn’t realize that by accepting the discount it provides they’d be putting their privacy at risk.”

What Have Affected Patients Said about the Breach?

Patients have also weighed in on the Gilead Sciences HIV info issue, explaining how this alleged breach of privacy affected them. Many patients treat HIV-related information with sensitivity, painfully aware of the stigma that comes with the disease.

The Philadelphia Inquirer noted that one patient who had received the mailing was so conscious about maintaining his privacy around HIV prevention and status that he “fills his HIV-related prescriptions at a different pharmacy chain from where he gets his other medications.”

Unfortunately, this is reportedly not the first time that patients’ privacy has been violated concerning their HIV status or prevention treatment. A strikingly similar incident reportedly occurred in 2017. Aetna, an insurance company, allegedly sent patients a letter that allowed a patient’s HIV status to be viewed from the outside through a clear window on the envelope. The communication was reportedly sent to instruct patients on how they could fill HIV treatment drug prescriptions. 

Patients filed a class action lawsuit over the issue, gathering together a class of 12,000 affected patients. The insurance company settled the claims for $17.2 million, giving each Class Member around $645. The Philadelphia Inquirer also explained that the Aetna settlement did give Class Members the option to gain up to $20,000 in additional compensation.

Goldfein stated that given the visibility of the Aetna HIV status class action lawsuit, and its high costs, Gilead Sciences should have had the awareness to prevent a similar blunder from happening on their watch. She said, “after the Aetna case you’d think if you were an entity that holds confidential information, you’d redouble all your efforts to prevent careless mistakes.”

Gilead Sciences’ involvement in HIV prevention is crucial to many patients, explains the Philadelphia Inquirer. Reportedly, the only two drugs approved for use by the FDA for HIV prevention are made by Gilead — Truvada and Descovy. Taking drugs in a PrEP program can reduce a person’s risk of contracting HIV sexually, says the Philadelphia Inquirer.

Both drugs reportedly can be used not only to prevent HIV, but can be used to treat HIV once a person has it. These drugs reportedly are often used in combination with other drugs as part of an HIV treatment. HIV treatments do not aim to cure the disease, but are used to help to slow the progression of the disease and prolong the life of a patient living with HIV.