Gilead Must Face Design Defect, Warning Claims in Multi-Plaintiff HIV Drug Action

SAN FRANCISCO — A California federal judge has denied Gilead Sciences Inc. summary judgment on certain design defect and failure-to-warn claims in a lawsuit in which multiple plaintiffs allege they suffered kidney and bone damage caused by the company’s HIV drugs.

In a Sept. 28 order, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California found the claims, which target Gilead’s drugs that contain tenofovir disoproxil fumarate (TDF), are not preempted by federal law and that plaintiffs presented expert testimony supporting their allegations.

Plaintiffs allege they suffered kidney and bone damage after taking one …