The pending class-action lawsuit against Gilead Sciences, Inc., is ongoing, and no financial settlement has been reached. As such, it makes it difficult to predict the average Truvada lawsuit settlement as cases in California and around the United States continue to develop. However, you can still learn about the types of compensation available for Truvada injury victims and the limitations that the State of Florida imposes upon them.
If you or a loved one sustained bone and kidney problems after taking Truvada or other tenofovir disoproxil fumarate (TDF) drugs, you can seek legal restitution related to your losses. Speaking with a Florida personal injury lawyer is the most effective method for determining the type of settlement or civil court award you may receive.
Compensation Is Available for Truvada Injury Victims
Financial awards in personal injury and product liability claims are known as damages. Parties injured by TDF drugs can file a compensation claim for their direct financial, physical, and mental losses. While the average Truvada lawsuit has yet to be determined, it is essential to understand that every case is unique and dictates the final outcome.
A straight-line average for any personal injury or product liability lawsuit does not indicate or create an expectation of what an affected party can stand to receive. The only accurate way to determine the value of your claims lies within the results of a settlement or civil lawsuit.
Here is more information regarding the different types of damages available for Truvada injury victims.
Economic damages are the actual, quantifiable expenses related to treating the injuries you sustained after taking Truvada. These damages typically include the following items:
- Current and future medical expenses
- Prescription drugs and medical devices
- Loss of benefits and wages, if you missed work
- Travel to and from medical appointments
- Physical and psychological therapy costs
- Occupational and vocational rehabilitation expenses
While the preceding list is not fully exhaustive, it helps you understand what constitutes economic damages within the context of filing a personal injury claim. You can seek economic damages for all personal injury cases, and the State of Florida does not place a limit on them.
Non-economic damages are the qualitative, subjective losses you sustained from your Truvada injuries. They are difficult to estimate since they are not necessarily observable using scientific or mathematical methodologies. Individuals seeking non-economic damages under product liability can request compensation for their losses related to:
- Pain and suffering
- Mental anguish
- Loss of enjoyment
- Loss of life or wrongful death
- Loss of companionship
- Depression and anxiety
While there are additional forms of non-economic damages, the preceding list demonstrates the expectation of Truvada injury victims correctly. You can seek non-economic damages in all personal injury claims, and the State of Florida does not place a limitation on what you can receive.
Punitive damages are a rare form of compensation. They are reserved for cases that highlight the gross negligence in failing to exercise one’s duty of care toward another for which they were responsible.
It is possible that punitive damages can be awarded in a class-action or civil lawsuit settlement against Gilead Sciences, Inc. Plaintiffs can seek punitive damages in all personal injury cases, and the State of Florida limits them to three times the amount of your economic costs or $500,000, whichever number is higher.
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HIV Survivors Experience Bone and Kidney Complications from Taking Truvada
The active ingredient in Truvada, tenofovir disoproxil fumarate (TDF), can cause bone and kidney disease when taken in high doses. Unfortunately, that is how Truvada users must take the drug. The HIV drug is not effective in low amounts. Extended Truvada use is linked to various side effects. People taking the medication may end up with severe kidney and bone complications.
TDF can cause bone density loss, leading to weak, brittle bones that are more susceptible to fractures. Continuous pain is also possible.
Some kidney conditions linked to Truvada include:
- Decreased urine output
- Acute renal failure
- Fanconi syndrome
- Other nephritic conditions
Bone disease associated with Truvada can include the following:
- Osteoporosis (weak and brittle bones)
- Osteopenia (bone loss)
- Osteomalacia (soft bones)
- Fractured bones
If you have any of these bone or kidney problems or related injuries due to Truvada HIV drug, you may be entitled to receive compensation from Gilead Sciences, Inc. Our Florida dangerous drug lawyer can help you determine if you can file a case individually or join the current class action lawsuit against the pharmaceutical company.
What Is the Scientific Basis for the Truvada Lawsuits?
The HIV virus can replicate in the body because of reverse transcriptase, an enzyme. Tenofovir disoproxil fumarate reduces the speed at which reverse transcriptase is produced in the body, hindering the replication of the HIV virus. The problem is that it must be taken in high doses. Such high TDF doses can build up in the kidneys and damage the tiny tubes that carry filtered nutrients, amino acids, and sugars back to the blood.
This disrupts the filtration of the blood and reabsorption of essential nutrients into the body. The kidneys must then work overtime to remove the toxins from the blood, increasingly straining them. The difficulty in removing toxins can lead to kidney and bone issues and lactic acidosis, a buildup of lactic acid in the bloodstream that leads to illness.
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What Is the Legal Basis for the Truvada Lawsuits?
According to lawsuits filed against Gilead Sciences, Inc., the pharmaceutical company was aware of the severe health risks Truvada posed to HIV patients but failed to disclose them to the public. Further, the complaints allege that Gilead created a second, safer drug but withheld it from the public as well in an attempt to continue to profit from Truvada until its patent and exclusive right to sell it ran out. Once the patent expired, Gilead intended to make use of the safer alternative, which it shelved in 2004 but continued to apply for patents on.
Truvada Is a Product Liability Issue
Plaintiffs file dangerous drug claims like those against Gilead under product liability laws. Injury attorneys must now show the drug company acted negligently in producing and selling the drug to consumers. The drug presents a health and safety risk to users due to:
Drugmakers created the drug to be used in high doses with ingredients that can damage the kidneys with long-term use.
Truvada posed a risk to HIV victims, especially those with pre-existing kidney problems. Prescribing doctors and patients taking the drug did not receive sufficient and adequate warnings about serious kidney and bone complications, pending lawsuits allege.
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Contact Chalik & Chalik Injury Lawyers to Find Out the Damages Available to You
Truvada injury victims should not have to pay for injuries that were caused by a negligent pharmaceutical company like Gilead Sciences, Inc. Chalik & Chalik Injury Lawyers wants to help you better understand the restitution options that are available to you or your loved ones. Contact our legal team today to request a free, no-obligation consultation.
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