Medtech POV Blog

Gilead Tenofovir Cases (Supreme Court of California) March 19, 2024

The case arises from Gilead Sciences’ successful HIV/AIDS drug, tenofovir disoproxil fumarate (TDF). Plaintiffs allege injury from TDF but do not allege any defect with the design, manufacture, marketing, or labeling of TDF. In denying Gilead’s summary judgment motion, the trial court held that Gilead could be held liable in tort for not developing and selling a completely different drug. AdvaMed® noted the decision imposes unfair and unworkable liability upon the life science industry.

Read a copy of the AdvaMed® amicus brief.