N.J. Federal Judge Allows Design Defect, Warning Claims to Proceed in Truvada Action



DOCUMENTS
  • Order


NEWARK, N.J. — A design defect claim in a case involving the HIV drug Truvada are not preempted because the plaintiff has adequately pled that Gilead Sciences Inc. could have developed and sought FDA approval for a different, safer drug, a New Jersey federal judge has ruled.

In a March 26 order, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey further ruled that the plaintiff’s failure-to-warn claim is not preempted because Gilead was not barred from seeking FDA approval for an enhanced warning before Truvada went to market and could have used the Changes …

FIRM NAMES
  • Landel Bernstein & Kalosieh
  • Sills Cummis & Gross PC





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