On April 19, 2021, Klein Lawyers filed a class action lawsuit on behalf of Canadians who were prescribed and consumed Viread, Truvada, Atripla, Complera, and/or Stribild in Canada. These five drugs are tenofovir disoproxil fumarate (“TDF”) based medications used for the prevention and treatment of HIV/AIDS. The lawsuit alleges that the maker of these drugs, Gilead, knew that there was a safer alternative (Tenofovir Alafenamide or “TAF”) and knowingly delayed and withheld the development, marketing, and sale of TAF based medications to maximize their profit from sales of the TDF drugs.
On March 22, 2024, Justice Brongers of the British Columbia Supreme Court certified the action as a national class proceeding on behalf of all persons who were prescribed Viread, Truvada, Atripla, Complera, or Stribild in Canada and consumed one or more of those prescribed drugs. To read the decision, follow this link: I.F. v. Gilead Sciences, Inc., 2024 BCSC 480.
The certification hearing is a crucial step in the lawsuit. For a lawsuit to proceed as a class action, the judge must determine that the case is suitable for consolidation. The judge considers factors such as whether the class members’ claims have common elements and whether a class action is the best method to hear these cases compared to individual lawsuits. With Justice Brongers’ certification, this lawsuit will move forward as a class action for all class members.
Gilead has appealed Justice Brongers’ decision to the British Columbia Court of Appeal. A date for the appeal has not yet been set.
Contact Klein Lawyers Today
At Klein Lawyers, we believe drug manufacturers and other companies should compensate consumers when they put profits ahead of the safety of the people who use their products. If you or someone you loved suffered adverse effects while taking the TDF based drugs, Viread, Truvada, Atripla, Complera, and Stribild, contact Klein Lawyers.
Please call (604) 874-7171 or contact us online today for a free, 100% confidential review. Klein Lawyers serves clients throughout Canada from offices in Vancouver and Toronto.
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”