Gilead Sciences, Inc., is a pharmaceutical company that produces antiretroviral drugs like Viread®, which has recently been discovered to cause kidney damage and other serious side effects. People living with HIV or who are at risk of developing HIV have reported negative long-term effects after using Viread and are now filing individual civil actions against the manufacturer.
If you or a loved one suffered serious side effects after using this drug, you may be eligible to file a Florida Viread lawsuit against Gilead Sciences or another liable party. At Distasio Law Firm, we help victims of dangerous prescription drugs hold pharmaceutical companies accountable for releasing their product to the marketplace in Florida. Our mass torts attorneys can help you build a case, then serve as your legal representatives throughout the proceedings.
You May Be Entitled to Sue Gilead Sciences If You Took One of Its Antiretroviral Drugs
You could file a personal injury lawsuit in Florida for drug-related injuries if you consumed any of the following Gilead Sciences products:
These products contain the active ingredient tenofovir disoproxil fumarate (TDF), which has been found to cause kidney and liver damage, among other side effects. Health journal AIDS first reported on these findings. Since then, victims have been filing individual lawsuits and mass torts in an effort to hold Gilead Sciences accountable for its negligence.
Viread’s Active Ingredients Can Lead to Kidney Disease and Other Ailments
According to Clinical Info, the TDF in Viread can lead to the following negative side effects:
- Kidney failure and other forms of kidney damage
- Liver failure and other forms of liver damage
- Lactic acidosis, which affects blood health
- Flare-ups of hepatitis B virus infection (HBV) or worsening condition
- Immune reconstitution inflammatory syndrome (IRIS) and other significant changes to the immune system
- Bone damage, including bone thinning
If you developed any of these side effects and suspect it may be related to Viread use or consumption of another antiretroviral drug, seek medical attention immediately. Your medical records may be used as evidence for the case.
Gilead Did Not Inform the Public About the Dangers of its Drug
In 2018, the AIDS Health Foundation (AHF) supported Devin Martinez in his case Devin Martinez and Ricardo Wohler v. Gilead Sciences, Inc., which alleged that the pharmaceutical company was aware of the dangerous side effects of TDF in its antiretroviral drugs. Other allegations include:
- Gilead Sciences actively omitted information that would warn consumers about the dangers of Viread and related drugs.
- Gilead Sciences misreported information on Viread and related drugs to the U.S. Food and Drug Administration (FDA), as noted by the S. Court of Appeals for the Ninth Circuit in its False Claims Act lawsuit against the company.
- Gilead Sciences also manufactures a safer antiretroviral drug that meets the FDA’s standards, but the company continued to produce, sell, and market Viread and related drugs because they were less expensive to manufacture.
At Distasio Law Firm, we believe the gross negligence of Gilead Sciences should not go unpunished. We want to help you and other victims of dangerous drug consumption to hold this company liable for the damage they’ve caused.
Our Team Can Help You Calculate the Value of the Damages Listed in Your Case
As a plaintiff, you may be concerned with how much compensation you may be entitled to claim in your Viread lawsuit in Florida. The answer varies, as the compensation we will pursue on your behalf is based on the specific damages you suffered, which include financial, physical, emotional, and mental losses.
Our team will speak with you to discuss what losses you have experienced. We may also consult other expert witnesses to account for losses you expect to face in the future. This effort is meant to give us a well-rounded idea of your total damages, both current and future.
Some examples of compensable damages include:
- Medical care expenses
- Income loss
- Permanent disability, such as from organ failure
- Physical disfigurement, such as from bone thinning
- Pain and suffering
- Loss of enjoyment in previous hobbies and activities
- Diminished quality of life
We may suggest other damages based on your personal circumstances and how Viread use affected your lifestyle.
We Give You ‘The Distasio Difference’ When We Manage Your Florida Viread Lawsuit
Every person has their own story to tell when it comes to personal injury cases. Our legal team at Distasio Law Firm advocates for victims of dangerous drugs, and within this area, we understand how sensitive our clients’ cases can be. With a drug that involves HIV treatment, we understand that victims may be feeling more vulnerable and betrayed by Gilead Sciences and other medical-related parties.
When you work with our firm, we do not treat you as just another case. We listen to what you’ve been through, and we build a case that reflects your experience. Our team strives to provide personalized legal care. Some of our principles include:
- We are not afraid to take a case to court and take pharmaceutical companies head-on.
- We will use our knowledge of product liability and personal injury law to strategize an action plan for the case.
- We will be transparent about your legal options and what we can do for you.
Our law firm has been serving clients in Florida for more than 30 years. Headed by Attorney Scott Distasio, our firm includes lawyers who have been Board Certified by the Florida Bar in Trial law and who are part of multiple bar associations in the state and nation.
Our Services Allow You to Sit Back While We Manage Your Case
Once you become our client, our team gets to work to prepare your case. This can involve:
- Reviewing your medical records: We may ask for access to your medical records to confirm whether Viread consumption may have caused you to develop negative side effects. We may also consult a medical expert in our network to provide testimony for the case.
- Gathering other evidence to support your case: Our team can conduct a private investigation into the case to recover as much evidence as possible. Because your case falls under product liability, we may look into how Gilead Sciences or another manufacturer failed to warn you about the potential side effects Viread could cause. We will also gather evidence that showcases the significant damage Viread caused in your life.
- Communicating with involved parties on your behalf: When taking on a pharmaceutical company, you may be approached by its legal team and other interested parties. They might reach out for statements or to settle the case out of court; however, you run the risk of providing information that could be used against you or undervalue the case. A lawyer from our team can handle these communications to protect your right to financial recovery.
- Preparing your case for litigation: Our team will prepare the legal paperwork and submit the case within its legal deadline(s). We can also help organize a trial date should we have to take the case to court.
- Negotiating a potential settlement for you: If there is an opportunity to negotiate an out-of-court settlement for you, a personal injury lawyer from our team can serve as your representative during these meetings. We intend to fight for your legal interests, so we can also advise you on whether a settlement offer is fair based on your damages.
- Serving as your legal advocate in trial: If we are unable to negotiate an out-of-court settlement for you, our team will prepare for the case to go to trial.
- Providing legal guidance throughout your case: As more lawsuits come to light about Gilead Science’s antiretroviral drugs, there may be new developments and delays throughout your legal journey. We will provide guidance on how to approach legal decisions and answer any questions you may have as we pursue compensation.
Our attorneys also work on a contingency-fee basis. With this fee arrangement, we agree to withhold our attorney’s fees until the case is settled, and we only charge our fees if we win compensation for you. We take our fees out of your compensation award, which are terms we can discuss in your free consultation.
If we do not win your case, you owe us nothing.
Florida Sets a Time Limit on How Long You Have to File a Viread Lawsuit
As our team builds the case, we will inform you of the filing deadline, which is set by Florida’s statute of limitations. All plaintiffs who intend to sue another party about a personal injury, including illness, generally must submit their case within two years of the date of injury or the date the injury was discovered, per Florida Statutes § 95.11(3)(a).
If you fail to meet the legal deadline, your right to pursue compensation for damages may be stripped from you, so it is imperative to act as soon as possible. Filing late jeopardizes your financial recovery, as a judge may dismiss it on these grounds. If the case is dismissed, the opposing party will no longer hold liability for your damages and would not be obligated to compensate you.
Wrongful Death Cases Have a Shorter Filing Period
If you are filing on behalf of a loved one who passed away as a result of Viread consumption, you generally must submit the case within two years of their death, per Florida Statutes § 95.11(4)(d).
We Can Identify the Filing Deadline for You
Our legal team will organize materials to submit the case within its legal time frame. We may review the following sources to identify when the filing window begins:
- Your medical records
- Emergency room discharge papers
- Your loved one’s death certificate
Next, we will review the case to see whether other elements might affect the filing deadline, as certain exceptions can toll, shorten, or extend the statutory rule in Florida.
An Attorney from Distasio Law Firm Will Manage Your Florida Viread Lawsuit
If you or a loved one developed an illness or injury due to consuming Viread medication over time, a personal injury lawyer from Distasio Law Firm may be able to help you pursue compensation from Gilead Sciences or another related party. Our team helps victims in Florida hold pharmaceutical companies accountable for their negligence, and we will continue our efforts of seeking justice.
Call today to speak with one of our team members. We can start building your Florida Viread lawsuit as soon as you call.