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Holding the Makers of Truvada Responsible

Houston Truvada Attorneys

Did you or a loved one suffer severe side effects as a result of taking Truvada? Know that you’re not alone, and the Houston Truvada attorneys of The Law Offices of A. Craig Eiland, PC are here to help you hold the manufacturer of the drug accountable for the harm you’ve suffered. You could be owed significant compensation for what you’ve been through, so don’t hesitate to call us right away.

When Truvada first came on the market, it’s promises were appealing; a pill that would help treat and prevent the Human Immunodeficiency Virus (HIV). It’s maker, Gilead Sciences, Inc., claimed that not only would Truvada help those living with HIV manage their condition but that it would also protect individuals who do not have HIV minimize their risk of infection. This revolutionary new drug was expected to change its users’ lives for the better. Unfortunately, it turns out that the drug also comes with the risk of severe side effects.

To speak with a knowledgeable Truvada attorney, call The Law Offices of A. Craig Eiland, PC at (409) 763-3260 for a free, confidential consultation. We are ready to sit down with you and explain all of your rights and legal options. There is no risk to call us, and taking action will cost you nothing out of your own pocket. We work on a contingency fee basis, which means that we won’t collect anything until we secure compensation for you.

Why is Truvada Dangerous?

Truvada works as an antiretroviral medication that acts as a prophylactic against HIV, and helps prevent HIV from developing into AIDS, via its two main components; FTC and TDF. Both of these components reduce the activity of reverse transcriptase, an enzyme that HIV-infected cells use to replicate. In other words, FTC and TDF can help reduce, or even stop, the enzyme that allows HIV-infected cells to replicate. The problem is that TDF has been linked to side effects such as:

  • 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
  • Osteopenia
  • Tooth decay
  • Bone fractures
  • Lactic acidosis

Anyone living in the greater Houston area who have taken Truvada and suffered a side effect like those listed above should contact The Law Offices of A. Craig Eiland, PC today. One of our experienced Houston Truvada attorneys will be ready to meet with you and determine if you have a viable Truvada injury claim.

Lawsuits Already Filed Against Gilead Sciences, Inc.

Many of the lawsuits that have already been filed against Gilead Sciences, Inc. claim that it promoted Truvada (and their other HIV/AIDS drugs that contain TDF) all the while suppressing development of a safer drug to maximize their profits. These lawsuits allege that the drugmaker was aware that a safer alternative to TDF likely existed but delayed pursuing this safer alternative so that people would continue to use Truvada and their other HIV/AIDS that contain TDF.

Intravenous HIV/AIDS drugs containing TDF have been on the market since the 1980s, but after Gilead Sciences, Inc. purchased the rights to sell TDF they developed drugs like Truvada that enabled TDF to be administered orally. These oral HIV/AIDS drugs were very successful in the early 2000s with Truvada alone earning more than $11 billion annually at the height of its popularity, even though it carried the risk of damaging the user’s kidneys, bones, etc.

During Truvada’s heyday, it seems that Gilead Sciences, Inc.’s clinical researchers became aware that an alternative to TDF, called TAF, could potentially work as an effective antiretroviral with fewer/less severe side effects. Lawsuits allege that, while being equipped with this knowledge, Gilead Sciences, Inc. decided to stop researching TAF to safeguard the value of its patents on Truvada and other TDF-containing drugs that had only recently been patented and still had years of patent protection left before generic versions would be allowed to enter the market. Lawsuits have also claimed that the pharmaceutical company made false claims about Truvada’s safety and downplayed its side effects.

Most of the lawsuits that have already been filed against Gilead Sciences, Inc. contain failure to warn claims and claims that the drug maker withheld a safer drug from the market.

What Sort of Compensation is Available for Truvada Victims?

If you suffered severe side effects due to Truvada, you could pursue a claim against Gilead Sciences, Inc. You could be owed compensation for all of the losses that you suffered as a result of taking this medication. In Truvada cases, these losses often include the following:

  • Medical bills: You can receive compensation for most expenses related to your injury and recovery. For example, costs incurred due to doctor visits, hospital stays, prescribed medication, physical therapy, etc. is all likely to be awarded to you.
  • Lost wages: Any wages that you missed out on due to your injuries will likely be awarded to you, plus the dollar value of wages that you are likely to miss out on in the future due to your injury.
  • Pain and suffering: The court will attempt to compensate you for your pain and suffering by issuing a monetary award in your favor.
  • Loss of enjoyment of life: If your injuries are debilitating and prevent you from enjoying the activities you once did, the court may award damages in compensation for your future loss of enjoyment of life.

When applicable, the economic and non-economic damages listed above are often awarded in successful personal injury cases.

Truvada victims in Texas may also be able to collect what is known as punitive damages. Punitive damages can be awarded in Texas personal injury cases if the defendant’s behavior was particularly egregious and the court wants to punish them (and deter other’s from engaging in similar conduct in the future). If the court finds that Gilead Sciences, Inc.’s actions involved fraud, malice, or gross negligence, then the injured plaintiff may be awarded punitive damages in addition to the economic and non-economic damages they are legally entitled to collect.

Punitive damage awards can be substantial, but it should be noted that here in Texas, we have laws that limit the punitive damages that a court can award in a particular personal injury case. Section 41.008of Texas’s Civil Practice and Remedies Code caps (or limits) damages at either $200,000 OR at two times the amount of economic damages awarded plus the amount of non-economic damages awarded up to $750,000, whichever is greater.

How Long Do I Have to File a Truvada Claim in Texas?

It is vital to note that you only have a limited amount of time within which to file your Truvada claim in Texas.

Texas law contains a statute of limitations that bars (or prevents) civil personal injury lawsuits from being filed after a certain amount of time has passed. Generally speaking, this window of opportunity will close for a Truvada plaintiff two years after the cause of action accrues. In other words, if you’ve been injured by Truvada and want to file a claim in Texas to recoup your losses, then you have two years from the date on which you were injured within which you can file a lawsuit. After this statute of limitations expires you are probably out of luck.

With that said, there are some limited situations under which this statute of limitations clock can be tolled or paused, and the plaintiff will have additional time to get their claim filed. For example, if the injured plaintiff was a minor (i.e., under 18 years old) when their injury was sustained then the applicable statute of limitations clock will not start ticking until the plaintiff turns 18.

Additionally, the statute of limitations clock will sometimes be paused if the plaintiff did not discover (and reasonably should not have been expected to discover) that they were injured when the injury first took place. For example, if a Truvada plaintiff suffered from decreased bone density caused by the drug, then the statute of limitations clock on their injury claim won’t start until the date the injury was diagnosed.

Contact The Law Offices of A. Craig Eiland, PC Today

Here at The Law Offices of A. Craig Eiland, PC, we understand just how devastating it can be to take a drug that you believe to be safe and then only later find out that it is not. Many people who suffer from Truvada’s side effects are left injured, facing unexpected medical bills, and desperate for justice from the company that put profits above people.

We are committed to helping you recover every cent of compensation that you are legally entitled to and to secure the justice that you deserve. To meet with one of our knowledgeable Houston Truvada attorneys and find out what our Truvada attorneys can do for you during a FREE initial consultation, contact us today at (409) 763-3260.

 

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