Payouts will vary for every patient who used Truvada. When there are medical devices or drugs involved, it affects people to varying degrees. The basis of your claim is dependent on the severity of your injury.
Patients can recover economic and non-economic damages for their illnesses and ailments. Examples of compensation you can receive include:
- Lost earning capacity
- Household services
- Out-of-pocket expenses
- Past and future medical expenses
- Past and future lost income
- Mental anguish
- Reduction in quality of life
You will need to discuss your options with a Truvada injury lawyer near you from High Rise Financial to determine which damages you qualify for and your case’s worth.
In This Article
- How did Truvada Harm Patients?
- Are There Long-Term Side Effects of Truvada?
- Who Can File a Truvada Lawsuit?
- What do You Need to File a Lawsuit?
- Have There Been Any Settlements?
- How do You Get a Settlement for a Truvada Lawsuit?
- Are There Any Status Updates on the Truvada Lawsuit?
- What Is the Legal Basis for a Defective Drug Lawsuit?
- When Will the Gilead Lawsuit Settle?
- Why did Gilead Not Sell the Safer Alternative?
- Call High Rise Financial Today
How did Truvada Harm Patients?
All drug manufacturers have a duty to inform patients of the dangers of medications, including Truvada. These medications were meant to help, not harm patients. The drug manufacturer Gilead caused patients harm because they did not disclose the drug’s risks.
Additionally, the drug manufacturer withheld a safer alternative because Truvada was more profitable.
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Are There Long-Term Side Effects of Truvada?
Truvada was supposed to prevent HIV, but the side effects are so severe that patients are left with long-term ailments like:
- Abdominal pain
- Bone dentist loss
- Kidney problems
- Back pain
- Joint pain
- Respiratory infections
- Strange dreams
- Weight loss
Your kidney function before using the drug and HIV or HBV infection will contribute to the severity and types of side effects you will experience. You must recover compensation through a lawsuit if you have these side effects after using Truvada.
Who Can File a Truvada Lawsuit?
Any patient who suffered an injury from using Truvada is eligible to file a lawsuit and recover compensation. Family members of patients who died from using the drug can also file a lawsuit. Family members’ eligibility to file a lawsuit will depend on individual state laws.
Depending on your residence, there are also varying filing deadlines, but most are between two to three years.
What do You Need to File a Lawsuit?
Unfortunately, you need to prove that you suffered harm from using Truvada, requiring documentation. You will need the following:
- Medication receipts
- Medial statements and bills
- Evidence that you took Truvada
- Medical reports showing you suffered an injury or illness from the drug
- Counseling records
- Medical device receipts
- Documents showing missed time from work
- Photos of your injury
- Pay stubs proving lost wages
- Pain level logs
Provide your Truvada injury lawyer with all receipts and documentation you have related to your injury. They will sift through your documents and determine what will help your case.
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Have There Been Any Settlements?
Dangerous drug cases can take years to settle. While there have been many lawsuits filed, there are no current settlements. A previous case involving Gilead for a different drug resulted in a $97 million settlement. Gilead is known to file appeals and prolong the legal process as long as possible.
While the cases can take years, you have options to obtain compensation through High Rise Financial. Speak with us after you file a lawsuit.
How do You Get a Settlement for a Truvada Lawsuit?
While there are class action lawsuits, patients still wonder how they will get settlements from a Truvada lawsuit. The severity of your injuries will determine your settlement amount. A patient with minor injuries will receive less than a patient with debilitating injuries.
The court will also consider the following:
- Medical costs
- Age and life expectancy of the victim
- Loss of income
- Strength of available evidence
The best option for a lawsuit will depend on individual circumstances. A Truvada lawsuit attorney can determine the potential worth of your case after reviewing your losses and evidence. Patients with severe injuries can file an independent personal injury lawsuit or join a class action lawsuit.
Are There Any Status Updates on the Truvada Lawsuit?
There are two forms of recovering compensation: patients can either file individual claims or ban together in a mass tort claim. Mass torts can resolve faster than individual cases, but your lawyer must consider several factors before taking legal action. There are two current lawsuits filed against Gilead Sciences, Inc, but there is no resolution at this time.
What Is the Legal Basis for a Defective Drug Lawsuit?
Truvada is a dangerous drug; therefore, it falls under product liability laws. Truvada lawsuit lawyers must show the product had a defective design and marketing, which led to patient injury. Regarding defective design, the manufacturer made the drug for high-dose use, resulting in kidney damage after long-term use.
Marketing efforts targeted people living with HIV, and there was no mention of the potential for kidney and bone complications. These are the allegations in current Truvada lawsuits. Gilead can be held liable for harm under the following:
- Fraud by omission
- Strict product liability
- Impaired warranty breach
- Explicit warranty breach
- Gross negligence
- Designs effects
- Failure to warn
- State consumer protection law violations in multiple states
The deadline for a Truvada global lawsuit has not been set, and there is still time to file. However, take action since these cases will begin to settle after the bellwether trials conclude. Discuss your options with a Truvada lawsuit attorney in your area.
When Will the Gilead Lawsuit Settle?
The first test trial was in July 2022, and it will heavily impact the future of all Truvada lawsuits. We will likely receive the determination of that case before the year’s end. There are thousands of individual plaintiffs in the suit, and it will take the court some time to determine how much each person should receive. A resolution is imminent, but one victory or loss does not mean everyone will have the same outcome.
Why did Gilead Not Sell the Safer Alternative?
There are several elements in the Truvada lawsuit, and the company was willfully negligent when it put its product on the market. Gilead Sciences had the plan to sell Truvada until their patent ran out so they could profit.
Once the patent ran out, they would introduce their safer alternative. The alternative drug was available in 2004.
Call High Rise Financial Today
Do you have questions about filing a Truvada lawsuit? Call High Rise Financial to schedule a consultation today.