Brigette Honaker  |  September 18, 2019

Category: HIV / AIDS

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A man holds a glass of water and a handful of pills.A federal court recently heard arguments in a Gilead lawsuit, with the drug maker claiming its business practices are both legal and standard in the industry.

Gilead Sciences Inc. faces allegations that it engaged in shady dealings in order to build its HIV medication empire. The Gilead lawsuit also accuses the company of suppressing the creation of generic alternatives. The scheme allegedly involved several other drug makers and aimed to preserve Gilead’s monopoly on certain HIV drugs, something that was driven in part by the company’s patents.

As a result of these alleged actions, Gilead dominates the HIV treatment market, the lawsuit claims. The plaintiffs argue that more than 80 percent of both new and established HIV patients are prescribed a Gilead medication. Yahoo Finance reports that the company makes more than $11 billion annually with these medications in the United States alone.

Although the alleged scheme reportedly netted high profits, Gilead lawsuit plaintiffs claim that the drug maker’s actions stifled the innovation of better HIV drugs, “causing tens of thousands of people living with HIV to needlessly suffer debilitating side effects from inferior products,”according to CNBC.

Gilead has rejected the arguments brought forth in the lawsuit. The company claims that underneath colorful language and attacks on its business, the lawsuit simply describes legal business dealings which resulted in the company’s success.

“When the complaint is stripped of its pejorative characterizations and baseless conclusions, what remains is an account of lawful competition, including through joint ventures and other collaborations between Gilead and other pharmaceutical companies,” Gilead said in its motion to dismiss the suit.

“In each instance, the factual allegations of the complaint, even when fully accepted as true, establish that Gilead’s conduct was well within the parameters of established law.”

Within the past year, Gilead has faced numerous lawsuits taking issue with the company’s HIV tenofovir disoproxil fumarate (TDF) medications. The company had a patent for the medication and has released several versions of the drug under brand names Atripla, Complera, Stribild, Truvada, and Viread.

TDF drugs are effective in treating HIV but require high concentrations in the blood in order to work as intended. This reportedly results in toxicity and issues with the bones and kidneys. Gilead has been accused of downplaying these symptoms and failing to warn consumers.

According to other allegations against the company, Gilead knew of a safer HIV drug, but shelved research on the medication in order to prolong its TDF profits. The safer drug purportedly required lower concentrations to be just as effective as TDF. However, if Gilead released the drug, profits from the TDF patent would allegedly have been compromised.

When the TDF patent expired, Gilead allegedly fast-tracked research of the newer drug. Although the drug will soon be available to consumers, lawsuits against the company claim that Gilead suppressed the safer drug until it had “exhausted the profits it could earn from Truvada.”

Plainitffs in the Gilead lawsuits argue that the pharmaceutical manufacturer prioritizes its profits over consumers’ well-being.

The Gilead Lawsuit is Case No. 3:19-cv-02573 in the U.S. District Court for the Northern District of California.

If you or a loved one has suffered from severe bone or kidney side effects while taking an HIV drug containing tenofovir, you may qualify for this HIV medications lawsuit investigation. An HIV drug side effects lawsuit can help to recover damages for medical bills, lost wages, and pain and suffering. Learn more by filling out the free form on this page.

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