Dallas Truvada Attorneys
If you have taken the HIV drug Truvada, you should contact The Law Offices of A. Craig Eiland, PC as soon as possible, because you may be eligible for compensation for the harmful side effects that many people who have taken this medication have suffered.
Despite the popular appeal of Truvada, the medication’s claim that it treats and prevents the Human Immunodeficiency Virus (HIV) has proven to be complicated. Many people who have HIV began using Truvada because of its claims that it could suppress the virus, manage the virus’s symptoms, and minimize the likelihood of transmitting the virus to others. Truvada has also been taken by people who didn’t have HIV because of its claim that it could prevent them from getting the virus.
These protections were groundbreaking when Truvada, which was manufactured by Gilead Sciences, Inc., won FDA approval and became available for the general public.
Unfortunately, what Truvada-takers didn’t know at the time was that their medication came with harmful side effects.
Harmful Side Effects of Truvada
Truvada causes kidney failure and bone degeneration, along with other harmful side effects. Truvada is a protectant against the HIV virus, and its active ingredients, known as FTC and TDF, suppress AIDS. Though FTC and TDF are the key agents in Truvada managing HIV and are used to reduce the production of the reverse transcriptase enzyme , which allows HIV-infected cells to replicate, they are also linked to the following side effects:
- Chronic kidney disease
- Decreased kidney function
- Acute kidney injury
- Acute renal failure
- Fanconi Syndrome
- Kidney failure
- Pain in extremities
- Decreased bone mineral density
- Bone deterioration
- Tooth decay
- Bone fractures
- Lactic acidosis
If you or a loved one has taken Truvada and you have experienced any of these side effects, contact The Law Offices of A. Craig Eiland, PC today. Our office in Dallas will evaluate your claim and walk you through the process of obtaining compensation from the appropriate parties.
What is the HIV Drug Lawsuit About?
The Gilead Sciences, Inc. story is one where people’s wellbeing, safety, and lives were ultimately put at stake for the sake of profit.
Many Truvada lawsuits have already been filed against Gilead Sciences, Inc. They all allege that the company knew of the harmful effects of TDF in Truvada. They also alleged that Gilead Sciences, Inc. knew of another safer, more effective, and cheaper active ingredient that could be used, but that they waited until the patent for TDF expired (2018) to switch to this less-profitable ingredient.
Not only did they choose to use TDF and promote the use of Truvada, but they also suppressed the development of the safer and more effective drug.
This cheaper and more effective active ingredient is called TAF. Like TDF and FTC, TAF reduces the production of the enzyme which allows HIV-infected cells to replicate. But TAF also better suppresses HIV/AIDs and does so without the harmful side effects characteristic of Truvada.
Despite knowing this, Gilead Sciences Inc.’s researchers allegedly chose to not move forward with a TAF drug and downplayed the frequency and number of side effects attributed to TDF.
Gilead Science, Inc. halted TAF research simply because the harmful TDF drug was patent- protected, which meant no competitor could make a generic or substitute version until the patent expired. This ensured that Gilead Sciences had this market cornered and could reap vast profits while the patent was intact.
Because there are many Truvada users, there have been a lot of lawsuits filed in Dallas and elsewhere since the early 2000s, claiming that Truvada caused the users undue pain and suffering to their bones and kidneys.
Many Truvada users could have been taking safer, more effective, and less-expensive drugs if Gilead Sciences, Inc. had not suppressed the development of alternative drugs. Commonly these lawsuits operate on claims of withholding the TAF drug and failure to warn victims of the dangers of Truvada.
What Sort of Compensation is Available for Truvada Victims?
There are a number of types of compensation that victims of Truvada can claim if they have suffered from injuries related to Truvada. If you experienced kidney failure or bone breaks or degeneration as a result of Truvada, you may be entitled to any of the following:
- Medical bill compensation. Claimants commonly receive settlements to compensate for the medical bills they incur for treatment for their illnesses and injuries related to Truvada. Any rehabilitative treatment, care by a doctor, visits to a hospital, or pharmaceutical costs can be recovered.
- Lost wages. You may be entitled to compensation based on your lost wages. Many Truvada victims experience illnesses or injuries so severe that they are unable to work or must take significant time off work to seek treatment. Any documented time that you lost or may lose from work may be compensated.
- Pain and suffering. You may be awarded a settlement based on a quantitative evaluation of your pain and suffering caused by the drug Truvada. Because Truvada patients could have been saved significant pain from illness and injuries that they experienced as a result of Gilead Sciences, Inc.’s blatant refusal to put safety ahead of profits, victims are awarded damages for pain and suffering.
- Loss of enjoyment of life. This type of compensation can be awarded to individuals who experience debilitating side effects because of Truvada that interfere with their ability to do normal daily activities.
- Punitive damages. In Dallas, Texas, victims of Truvada can collect punitive damages because of the state’s allowance for compensation that extends beyond just monetary losses, or simple compensation.
Punitive damages are a way for a Dallas court to punish the defendant – Gilead Sciences, Inc. – for flagrantly appalling conduct. Punitive damages are meant to prevent similar entities to the defendant from committing similar crimes. This type of compensation is awarded to victims when the defendant is found guilty of malice, fraud, or gross negligence.
It is worth noting that a victim may be entitled to all of these compensations. However, Texas prevents punitive damages from exceeding $200,000 or two times the amount of economic damages awarded plus the amount of non-economic damages awarded up to $750,000, whichever is greater. This limit applies to punitive damages alone. Punitive damages in Texas may be coupled with other forms of economic compensation.
Why Do I Need an Attorney?
Gilead Sciences, Inc. has been the defendant in numerous lawsuits since news of the Truvada scandal broke. This is a large pharmaceutical company that wields significant power. More importantly, however, they have accrued legal experience in handling these cases that you should not try to fight against without having an experienced attorney.
Attorneys can walk you through the process of filing a claim and they can protect your rights at the negotiating table or in court. The Craig Eiland legal team has the legal skill and the practical experience that is required to win you the compensation you deserve for your injuries. We’ll aggressively fight for your right to safety and wellbeing against the party that callously disregarded those same entitlements.
How Long Do I Have to File a Truvada Claim in Texas?
The statute of limitations in Texas provides a small window of opportunity to file a Truvada claim.
In Texas, the statute of limitations for Truvada claims is two years.
This means that you must file a claim to receive compensation for your losses within two years of the date that you were injured because of Truvada. Get a lawyer to file a claim for you as soon as possible after you discover that you were a victim of Gilead Sciences, Inc.
However, there are two situations when the typical statute of limitations does not apply.
If you were injured as a result of taking Truvada while you were a minor, the statute of limitations does not begin until you turn 18. So, if you were a victim of Truvada as a minor, you have two years from your eighteenth birthday to file a claim for compensation.
The other case concerns the date at which you discovered that you were injured or made ill by Truvada. So, if you were diagnosed with an illness or injury related to Truvada several years after you began taking the drug, the statute of limitations clock does not begin until that date of diagnosis.
Contact The Law Offices of A. Craig Eiland, PC Today
Doctors, drugs, and scientist researchers are meant to do work in the patient’s best interest, not in the interest of making a profit at the expense of people’s lives and safety. If you or a loved one has suffered injuries or illness because of Truvada in Dallas, our attorneys are here to help. We have years of experience in working with victims of Truvada and can help you obtain monetary compensation for your injuries.
You deserve compensation, and our attorneys at The Law Offices of A. Craig Eiland, PC in Dallas can help you get that settlement. We understand that after months or even years of pain and suffering, the legal process can seem daunting. It’s up to us to make the process as smooth and painless as possible, and we take that responsibility seriously.
Our attorneys will guide you through every step of the way to ensure that justice is serviced and you are fairly compensated for the damages you have suffered.
We offer a free initial consultation, so please call our office today at (409) 763-3260 so we can talk about your claim.