TDF Injuries: Viread, Truvada, Atripla, Complera and Stribild Class Action

HIV Drug Injury Lawyers Vancouver, British Columbia

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.

Court Documents
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Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“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...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“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...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“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”

Merlo v. R, 2017 FC 533 at para. 34

“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.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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