California court dismisses negligence claims against Gilead

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In a 6-1 decision the California Supreme Court ordered dismissal of negligence claims by an estimated 24,000 patients who used Gilead drugs based on tenofovir disoproxil fumarate (TDF). Plaintiffs said Gilead stopped development of a reportedly safer alternative, tenofovir alafenamide fumarate (TAF), in 2004 and delayed commercialization until around TDF patent expiry, alleging the company prioritized profit over patient safety. The court rejected creating new liability for injuries from a nondefective drug, saying such a duty would burden pharmaceutical innovation and risk public health consequences. The decision reduces legal exposure for drugmakers and may shape future suits over a duty to innovate.

California Supreme Court dismissed negligence claims against Gilead.