Tenofovir disproxil fumarate (TDF) is an antiviral medication manufactured by Gilead Sciences. Lawsuits claim that TDF is unsafe because of its inherent toxicity to kidneys and bones. You may be eligible for financial compensation if you or a loved one were diagnosed with any of the following after taking a medication containing TDF:
- A bone fracture due to osteoporosis
- Kidney failure
- Fanconi syndrome
- Lactic acidosis
- Hepatomegaly (liver enlargement)
Call us today at 1-800-718-4658 for a free consultation. Our no fee promise means we won’t charge you unless we obtain a recovery for you.
Anatomy Of A Tenofovir Lawsuit
Many causes of action can be pursued in a TDF lawsuit, such as:
Negligence: Lawsuits allege that Gilead was negligent because they knew they had a safer, more effective drug in tenofovir alafenamide fumarate (TAF), yet intentionally delayed releasing TAF onto the market so they could monetize TDF and TAF, maximizing their profits at the expense of public safety. Lawsuits say that data submitted in 2000 by Gilead in a patent application, well before TDF’s FDA approval, showed that Gilead knew that TDF was more toxic to kidneys and bones than TAF. Gilead claimed in 2004 that they abandoned TAF because it couldn’t be differentiated from TDF, but lawsuits say this claim was a misrepresentation because Gilead’s real reason to abandon TAF development was they knew TAF was safer and they could maximize profits by monetizing both drugs in chronological succession.
Strict product liability: Lawsuits contend that Gilead’s TDF-based medications were defective by design, and thus subject to strict liability, because their design utilized TDF, presenting excessive dangers which were preventable by designing the medications with TAF instead.
Breach of express warranty: Lawsuits argue that Gilead expressly warranted their TDF-based medications as safe when, in fact, they knew they were unsafe because of their toxicity to kidneys and bones.
Breach of implied warranty: Lawsuits allege that Gilead impliedly warranted that their TDF-based drugs were of merchantable quality and safe for their intended use when, in fact, they were not according to statute including California U. Com. Code § 2314 because they are dangerous when used as prescribed and intended.
Fraud and concealment: Lawsuits contend that Gilead actively concealed:
- The fact that TAF was safer than TDF
- That toxicity associated with tenofovir wasn’t unavoidable
- The fact they abandoned their TAF design in 2004 because they knew it was safer than TDF
- TAF’s design, for the purpose of maximizing profits
- A warning to medical providers to frequently monitor TDF patients for toxicity-induced adverse effects
Many types of damages can be recovered in tenofovir lawsuits, including past and future medical bills, pain and suffering, wage loss, earning capacity or enjoyment of life. Punitive damages can also be recovered when warranted.
Medications containing TDF include:
Our aggressive attorneys have been handling dangerous drug cases since 1990 and have recovered over $350,000,000 on behalf of clients in that time. We have the experience, knowledge and tenacity to fight for your right to obtain every last penny of compensation you’re entitled to under the law.
Our no fee promise means we don’t charge clients unless we obtain a recovery for them. Our only fee is a percentage of your recovery, and only if we obtain a recovery for you. Call us today at 1-800-718-4658 for a free consultation if you or a loved one suffered serious side effects after taking a TDF-based medication. You can also fill out our free case evaluation form, email us at email@example.com or chat with our live chat.