BREAKING NEWS - Truvada lawsuits are just the tip of the iceberg

New lawsuit filed May 2023

This is a developing story. Please stay tuned to this page for updates as they occur. There is certainly more information to come.

Regular readers of this SubSTACK are no doubt aware of the ongoing Truvada disaster, as well as attempts on the part of activists to censor ads for the Truvada lawsuits. Things are not improving on the legal front for Gilead Pharmaceuticals, who are now under fire for knowingly marketing at least five different anti-HIV medications without disclosing their knowledge of the devastating effects these medications have on the kidneys and bones of the patients that take them.

Please refer to the following document, a lawsuit filed on behalf of plaintiffs in the states of Florida, Massachusetts, Missouri, New Mexico, New York, North Carolina, Texas, Washington and Wisconsin, who have been harmed by multiple anti-HIV drugs produced by Gilead Pharmaceuticals. Counsel retained are the law firm of Hagens Bergman Sobol Shapiro LLP.

Gilead Lawsuit 2023

This lawsuit seeks compensation for victims of the anti-HIV drugs Viread, Truvada, Atripla, Complera, and Stribild, manufactured by Gilead Pharmaceuticals. Victims have suffered bone density loss, osteopenia, osteoporosis, fractures, renal failure, and chronic kidney disease as a result of the ingestion of these medications. The lawsuit alleges—among other things—that Gilead “failed to adequately warn [doctors and patients] about the risks of TDF,” and that “Gilead knowingly designed its TDF drugs to be unreasonably dangerous and unsafe to patients’ kidneys and bones.”

Among the factual allegations of this lawsuit are the following (pages 14-66 in the document linked above):

1. “Gilead knew before Viread was approved that TDF posed a significant safety risk.”

2. “Gilead’s knowledge of TDF toxicity grew as patients’ kidneys and bones were damaged by TDF drugs.”

3. “Before Gilead developed Stribild, it knew that renal adverse events were more likely when patients took TDF as part of a boosted regimen.”

4. “Before Gilead developed each of the TDF drugs, it knew that TAF was less toxic to kidneys and bones than TDF.”

5. “Gilead withheld its safer TAF design to protect its TDF sales and extend profits on its HIV franchise.”

6. “Gilead knowingly designed its TDF drugs to be unreasonably dangerous and unsafe to patients’ kidneys and bones.”

7. “Gilead obtained FDA approval for its TAF-based products by relying on studies demonstrating TAF’s superiority over TDF.”

8. “Gilead markets TAF as superior to TDF.”

The claims for relief are as follows under the laws of the individual states (pages 73-88 in the document linked at the top):

1. “Strict products liability—design defect under the laws of the states of FL, MO, NM, NY, TX, WI.”

2. “Strict products liability—failure to warn under the laws of the states of FL, MO, NM, NY, TX, WI.”

3. “Louisiana products liability act”

4. “Washington products liability act”

5. “Negligence and gross negligence under the laws of the states of FL, MA, MO, NM, NY, NC, WX, WA, WI.”

6. “Fraud by omission under the laws of FL, MA, MO, NM, NY, NC, TX, WA, WI.”

7. “Breach of implied warranty of merchandability under the laws of MA, MO, NM, NY, TX.”

8. “Violation of state consumer protection laws.”

Here are the stories of the plaintiffs in this case, if you don’t feel like reading the entire 98-page document. They appear on pages 9-19 of the document linked at the top of this post. I reprint their stories here as a tiny, insufficient gesture of acknowledgement of the pain and suffering they have endured. When you read these stories, keep in mind that these are medications that are meant to be taken for a lifetime.

Boldface is added by me.

Anita Edra Sutton:

Plaintiff Anita Edra Sutton is and was at all relevant times a citizen of the State of Florida and domiciled in Jacksonville, Florida. Plaintiff Anita Edra Sutton purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2005. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in a diagnosis of weakening of the bones. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of her injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Scott Krichevsky (deceased):

Plaintiff Brent Krichevsky, individually and as personal representative of the Estate of Scott A. Krichevsky, is and was at all relevant times a citizen of the State of Oregon and domiciled in Happy Valley, Oregon. Plaintiff Brent Krichevsky was the brother of Scott A. Krichevsky, deceased. Decedent, Scott A. Krichevsky, was at all relevant times a citizen of and domiciled in New Mexico. Decedent purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2008. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Decedent ingested and was injured by the foregoing TDF Drug. Decedent’s ingestion of the TDF Drug caused and or contributed to Decedent suffering chronic kidney disease. Decedent and/or the Estate incurred expenses in connection with medical treatment as a result of these injuries. Decedent endured pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries and suffered other injuries and damages to be proven at trial. 

Brett Crowe:

Plaintiff Brett M. Crowe is a citizen of the State of Indiana and domiciled in South Bend, Indiana. Plaintiff Brett M. Crowe purchased and ingested the following TDF Drugs for an FDA approved use of the drugs: Viread and Truvada beginning in 2004. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering osteoporosis. Plaintiff’s purchase and use of TDF drugs, and his injuries, occurred in Florida where Mr. Crowe was previously domiciled. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Bruce Oleson:

Plaintiff Bruce Oleson is and was at all relevant times a citizen of the State of Wisconsin and domiciled in Elkhorn, Wisconsin. Plaintiff Bruce Oleson purchased and ingested the following TDF Drugs for an FDA-approved use of the drugs: Viread and Truvada beginning in 2001. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering bone density loss, and a diagnosis of osteopenia and a fracture to Plaintiff's ankle. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, and has suffered other injuries and damages to be proven at trial. 

Daniel Halle:

Plaintiff Daniel R. Halle is a citizen of the State of Florida and domiciled in Oakland Park, Florida. Plaintiff Daniel R. Halle purchased and ingested the following TDF Drugs for an FDA approved use of the drugs: Viread and Truvada beginning in 2010. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering injuries to his kidneys, which resulted in a diagnosis of high creatinine levels and chronic kidney disease. Plaintiff's ingestion of the TDF Drugs also caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in a diagnosis of osteopenia as well as seven fractured ribs. Plaintiff’s purchase and use of TDF drugs, and his injuries, occurred in both Florida and in Massachusetts where Daniel R. Halle was previously domiciled. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Edwin Tucker:

Plaintiff Edwin K. Tucker is a citizen of the State of Oklahoma and domiciled in Oklahoma City, Oklahoma. Plaintiff Edwin K. Tucker purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Atripla beginning in 2006. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone demineralization which resulted in a diagnosis of bone density loss and a fracture of Plaintiff’s spine. Plaintiff’s purchase and use of the TDF drug, and his injuries, occurred in both Oklahoma and New York, where Plaintiff was previously domiciled. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Gregory Joel:

Plaintiff Gregory Joel is and was at all relevant times a citizen of the State of Texas and domiciled in Fort Worth, Texas. Plaintiff Gregory Joel purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2006. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering high creatinine levels and low kidney function. Plaintiff Gregory Joel has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Hugh Flynn Gabbard:

Plaintiff Hugh Flynn Gabbard is and was at all relevant times a citizen of the State of Florida and domiciled in North Fort Myers, Florida. Plaintiff Hugh Flynn Gabbard purchased and ingested the following TDF Drugs for an FDA-approved use of the drugs: Viread, Truvada and Atripla beginning in 2001. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in a diagnosis of osteoporosis. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Keith Friend:

Plaintiff Keith L. Friend is and was at all relevant times a citizen of the State of Texas and domiciled in Tyler, Texas. Plaintiff Keith L. Friend purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Atripla beginning in 2006. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in a diagnosis of osteopenia. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Jerome Coleman:

Plaintiff Jerome H. Coleman is a citizen of the State of Missouri and domiciled in St. Louis, Missouri. Plaintiff Jerome H. Coleman purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2015. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering Chronic Kidney Disease. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Kevin Hickman:

Plaintiff Kevin Hickman is and was at all relevant times a citizen of the State of Florida and domiciled in Bonifay, Florida. Plaintiff Kevin Hickman purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada and Stribild beginning in 2012. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone density loss, which resulted in a diagnosis of thinning of the bones. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Larry Kitchens:

Plaintiff Larry L Kitchens is a citizen of the State of Washington and domiciled in Snoqualmie, Washington. Plaintiff Larry L Kitchens purchased and ingested the following TDF Drugs for an FDA-approved use of the drugs: Atripla and Truvada beginning in 2006. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering bone density loss requiring a double hip replacement. Plaintiff’s purchase and use of TDF drugs, and their injuries, occurred in both Washington and in Florida, where Plaintiff was previously domiciled. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Michael Pratt:

Plaintiff Michael Pratt is and was at all relevant times a citizen of the State of Massachusetts and domiciled in Dorchester, Massachusetts. Plaintiff Michael Pratt purchased and ingested the following TDF Drugs for an FDA-approved use of the drugs: Truvada and Atripla beginning in 2005. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused Plaintiff to suffer bone density loss and bone fractures. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Patrick Joe:

Plaintiff Patrick Joe is and was at all relevant times a citizen of the State of Louisiana and domiciled in New Orleans, Louisiana. Plaintiff Patrick Joe purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2004. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering renal failure requiring hospitalization. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of their injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Patricia Spaulding:

Plaintiff Patricia A. Spaulding is and was at all relevant times a citizen of the State of Florida and domiciled in Venice, Florida. Plaintiff Patricia A. Spaulding purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Viread beginning in 2007. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in a diagnosis of osteopenia. Plaintiff Patricia A. Spaulding has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of her injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Raymond Maldonado:

Plaintiff Raymond Maldonado is and was at all relevant times a citizen of the State of Texas and domiciled in San Antonio, Texas. Plaintiff Raymond Maldonado purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Truvada beginning in 2004. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering bone density loss, which resulted in a diagnosis of osteoporosis. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial. 

Stephen Kueny:

Plaintiff Stephen M. Kueny is and was at all relevant times a citizen of the State of North Carolina and domiciled in Durham, North Carolina. Plaintiff Stephen M. Kueny purchased and ingested the following TDF Drug for an FDA-approved use of the drug: Viread beginning in 2001. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drug caused and/or contributed to Plaintiff suffering Fanconi Syndrome. Plaintiff's ingestion of the TDF Drug also caused and/or contributed to Plaintiff suffering bone demineralization, which resulted in diagnoses of osteoporosis and osteomalacia and a fracture to Plaintiff’s foot. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, has suffered lost earnings and/or a loss of earning capacity, and other injuries and damages to be proven at trial.

Todd McLean:

Plaintiff Todd C. McLean is and was at all relevant times a citizen of the State of Texas and is domiciled in Frisco, Texas. Plaintiff Todd C. McLean purchased and ingested the following TDF Drug for an FDA-approved use of the drugs: Truvada from 2008. As a result of Gilead's wrongful conduct with respect to the defective TDF Drug, Plaintiff ingested and was injured by the foregoing TDF Drug. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering osteoporosis. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life and other injuries and damages to be proven at trial. 

William Sexsmith:

Plaintiff William Sexsmith is and was at all relevant times a citizen of the State of Washington and domiciled in Turnwater, Washington. Plaintiff William Sexsmith purchased and ingested the following TDF Drugs for an FDA-approved use of the drug: Truvada and Atripla beginning in 2009. As a result of Gilead's wrongful conduct with respect to the defective TDF Drugs, Plaintiff ingested and was injured by the foregoing TDF Drugs. Plaintiff's ingestion of the TDF Drugs caused and/or contributed to Plaintiff suffering chronic kidney disease. Plaintiff required and incurred and will continue to require and incur expenses in connection with medical treatment as a result of these injuries. Plaintiff has endured and will continue to endure pain, suffering, mental anguish, and loss of enjoyment of life as a result of his injuries, and other injuries and damages to be proven at trial.

These victims are merely the tip of the iceberg when it comes to the massive harm that has been done to patients in the name of pharmaceutical profits and the ultimate end goal of the AIDS establishment, “retention in care” no matter the cost to patients’ health. Will we need an entire memorial wall for their names and stories? Where is the “AIDS quilt” for these victims? Gilead may prefer to forget them, but I will not. You shouldn’t either.

The profit driven pharmaceutical model for the “treatment and prevention of HIV,” with the accompanying cover-ups and deception regarding the toxic nature of these drugs, is not good enough. It’s not good enough for patients, and constitutes a violation of informed consent and patient care that is almost impossible to wrap one’s head around. And it’s not over yet.

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