No liability for scientific due diligence: California Supreme Court rejects bizarre lawsuit faulting Gilead for fully evaluating HIV drug before release

The California Supreme Court on Monday reversed a lower court’s decision denying summary judgment to Gilead in a class action accusing the pharmaceutical giant of deliberately delaying development of a new HIV treatment drug to maximize the value of the drug it was currently selling.

The ruling overturns a state appellate court’s conclusion that the plaintiffs did not have to claim the product was defective to bring a negligence claim.

“What today’s decision declines to do is recognize, for the first time anywhere, sweeping liability for injuries caused by a concededly nondefective drug because the manufacturer allegedly failed to make a different drug available sooner,” Justice Joshua P. Groban wrote for the majority.

Mis- and disinformation are distorting science and public policy. Subscribe to our Daily and Weekly Digests for incisive coverage of ‘disruptive’ innovations in AI, agricultural biotechnology, food, chemicals, nuclear energy, vaccines, and other disruptive innovations.

The case stems from claims by people living with HIV/AIDS who say they suffered unnecessary kidney, bone and tooth damage after taking Gilead’s HIV drug tenofovir disoproxil fumarate, or TDF, which the Food and Drug Administration (FDA) approved in 2001.

While clinically testing TDF, Gilead also began developing a backup drug, tenofovir alafenamide fumarate (TAF). …

The plaintiffs do not claim TDF is defective. Instead, they contend Gilead knew TAF posed fewer side effects but deliberately delayed its development to maximize profits from TDF.

This is an excerpt. Read the original post here

Related Articles

Infographic: Global regulatory and health research agencies on whether glyphosate causes cancer

Infographic: Global regulatory and health research agencies on whether glyphosate causes cancer

Does glyphosate—the world's most heavily-used herbicide—pose serious harm to humans? Is it carcinogenic? Those issues are of both legal and ...

Most Popular

ChatGPT-Image-Sep-2-2026-02_03_32-PM
AI data centers and water usage: It’s a genuine and growing problem
ChatGPT-Image-Mar-10-2026-01_39_01-PM
Viewpoint—“Miracle molecule” debunked: Why acemannan supplements don’t work
Screenshot-2026-09-16-at-2.26.42-PM
Viewpoint: How to ecologically damage America’s forests: Ban glyphosate
ChatGPT-Image-Sep-16-2026-11_28_54-AM
Viewpoint: Study links childhood vaccination to autism!!! Here’s how anti-vaxxers twist evidence to corrupt science
Screenshot-2026-09-20-at-9.03.54-AM
From Malaysia to the world: A pioneering science communicator reimagines global science communication for a digital age
ChatGPT-Image-Sep-21-2026-10_18_59-AM-2
Viewpoint: Is corporate embrace of regenerative agriculture greenwashing?
Screenshot-2026-09-18-at-11.35.25-AM
RFK Jr.’s latest crank obsession: Protecting Americans from perfectly safe electromagnetic radiation
Screenshot 2026-09-18 at 10.26
Slowdown AI development? China acknowledges serious risks but sees warnings as U.S. ploy to control the technology
ChatGPT-Image-Sep-20-2026-09_47_55-AM
Trump says he’ll require drugmakers to end multiple vaccine doses, reviving discredited autism claims
ChatGPT-Image-Sep-17-2026-12_28_43-PM
Vitamin D, omega-3 fish oil and glucosamine supplements could cause brain damage 
ChatGPT-Image-Sep-18-2026-10_49_24-AM
‘Symptom borrowing’: Young people are copying health problems they see on TikTok
Screenshot-2026-09-20-at-4.31.28-PM
White House drafting executive order to control what OMB Director Vought claims are “woke” NIH science grants
ChatGPT-Image-Sep-20-2026-04_22_32-PM
What’s Trump’s ‘AI Force’? Administration rushes to announce ill-defined watchdog agency and czar amid criticism of its resistance to curb AI acceleration
glp menu logo outlined

Get news on human & agricultural genetics and biotechnology delivered to your inbox.