TDF Class Action Lawsuit on Behalf of Canadians Who Took Viread, Truvada, Atripla, Complera, and/or Stribild
On April 19, 2021, Klein Lawyers filed a class action lawsuit on behalf of Canadians who were prescribed and took Viread, Truvada, Atripla, Complera, and/or Stribild in Canada. These five drugs, all based on tenofovir disoproxil fumarate (TDF), were widely used for the prevention and treatment of HIV/AIDS.
The lawsuit alleges that Gilead Sciences, the maker of these drugs, was aware of a safer alternative to TDF known as tenofovir alafenamide (TAF). Despite this, Gilead knowingly delayed and withheld the development, marketing, and sale of TAF-based medications to first maximize its profit from sales of the TDF-based drugs.
TAF is considered a safer alternative because it is processed differently in the body. TDF converts into its active form in the bloodstream, exposing kidneys and bones to higher toxicity levels. TAF, however, is metabolized within the cells, which significantly reduces the amount of the drug circulating in the bloodstream. Therefore, TAF is less harmful to kidneys and less impactful on bone density.
Gilead’s decision to delay TAF’s release meant that patients were unnecessarily exposed to the risks of kidney damage and bone-related injuries from the TDF-based drugs. Those needlessly harmed by this decision deserve the opportunity to seek justice and compensation for their suffering, and Klein Lawyers is dedicated to helping them do just that.
TDF Truvada Class Action Updates
- 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. Read the decision here: 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.
- Current Status: Gilead has appealed Justice Brongers’ decision to the British Columbia Court of Appeal. A date for the appeal has not yet been set.
What Is the TDF Truvada Lawsuit Against Gilead?
The TDF Injuries Lawsuit filed by Klein Lawyers alleges that Gilead Sciences, the manufacturer of HIV/AIDS treatments like Truvada, Viread, and others, deliberately delayed the release of a safer drug alternative.
While TDF-based drugs do help prevent and treat HIV, they are also linked to kidney and bone problems due to aspects of their design. Despite knowing that a safer option—tenofovir alafenamide (TAF)—existed, Gilead prioritized its profits over patient safety.
Internal documents reveal that Gilead intentionally paused the development of TAF to protect the monopoly and patent life of its TDF-based drugs—a strategy referred to as “patent extension.” The delay unnecessarily exposed thousands of patients to avoidable health risks while Gilead maximized revenues.
The TDF Class Action Lawsuit aims to hold the company accountable for negligence in the design of its medications and seeks compensation for Canadians who have suffered as a result.
At its core, this case is about justice for those who were needlessly harmed. It’s about holding corporations accountable when they put profits above the well-being of the people who rely on their products. These patients deserved better—and this class action lawsuit is a step toward making things right.
Why Does the Truvada Class Action Matter?
The Truvada Class Action Lawsuit is about compensating victims and providing them with a sense of justice—but it’s also about holding pharmaceutical companies accountable for their actions.
Gilead Sciences’ profit-driven strategy needlessly exposed thousands of patients to health risks. The TDF Injuries Class Action has the potential to set legal precedent in Canada by reinforcing that drug manufacturers have a duty of care to the people who rely on their products.
With Strength In Numbers, we hope to secure a successful outcome that provides for those harmed and calls attention to corporate negligence in the pharmaceutical industry.
Who Can Join the TDF Class Action Lawsuit?
Needlessly suffering from the harmful side effects of a drug you trusted to help you is devastating. The goal of the TDF Injuries Class Action Lawsuit is to bring justice and compensation to those affected. If you or a loved one has been harmed, you may be eligible to join the collective effort to hold Gilead accountable.
If you were prescribed and consumed any of the following TDF-based drugs in Canada, you may qualify:
- Viread
- Truvada
- Atripla
- Complera
- Stribild
Additionally, family members who provided care to individuals harmed by these drugs may also be eligible for compensation if they can show they suffered losses (e.g., lost income and other associated costs).
Don’t face this alone. There is Strength In Numbers—and together, we can fight for justice and accountability. Fill out the confidential online form now to learn more about your eligibility.
Drugs Involved in the TDF Injuries Class Action
What Is Truvada?
Truvada® is a combination of tenofovir disoproxil fumarate (TDF) and emtricitabine that is designed to prevent and treat HIV. Despite its life-saving capabilities, it has been linked to side effects, including kidney damage and bone density loss.
What Is Viread?
Viread®—one of the earliest TDF-based drugs—was a groundbreaking treatment for HIV, but it carried significant risks, especially for long-term users. These risks include kidney failure, osteopenia, and liver damage.
What Is Atripla?
Atripla® combines TDF with two other antiretroviral drugs. While effective in managing HIV, its TDF component caused similar kidney and bone issues, which raises concerns about its long-term safety.
What Is Complera?
Complera® combines TDF with emtricitabine and rilpivirine. Though marketed as a convenient, once-daily pill, it left patients vulnerable to TDF-related toxicities.
What Is Stribild?
Stribild® is a four-drug combination that includes TDF. Its side effects mirrored those of other TDF-based drugs, with patients exhibiting kidney damage and reduced bone density.
Work With Klein Lawyers
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 love suffered adverse effects while taking the TDF-based drugs—Viread, Truvada, Atripla, Complera, and/or Stribild—contact Klein Lawyers LLP.
Please fill out the online form below, call (604) 874-7171, or contact us online today for a FREE, 100% confidential review. Klein Lawyers LLP serves clients throughout Canada from offices in Vancouver and Toronto.
What Is “Negligent Design”?
Negligent design refers to a legal claim that a product was created in a way that foreseeably caused harm when safer alternatives were available. In negligent design lawsuits, the plaintiff must show that a safer and economically feasible design existed but wasn’t implemented. This type of negligence falls under product liability law, which holds manufacturers accountable for preventable harm caused by their products.
In the TDF Injuries Class Action, it is alleged that Gilead Sciences knowingly prioritized the design of TDF-based drugs despite being aware of a safer alternative—TAF. The claim argues that this decision to delay the development and release of TAF was done to increase their overall profits from the drugs and unnecessarily exposed patients to kidney and bone damage. When a company puts profits above the safety of consumers, it must be held accountable.
What Is the Difference Between TDF and TAF?
Tenofovir disoproxil fumarate (TDF) and tenofovir alafenamide (TAF) are both medications used to treat and prevent HIV/AIDS. However, their safety profiles differ.
TDF converts into its active form in the bloodstream. This leads to higher levels of toxicity that can damage the kidneys and reduce bone density over time.
TAF is metabolized in the cells, which reduces the drug’s circulation in the bloodstream and lessens its toxic effects. Thus, TAF is a safer option for patients.
What Evidence Do I Need to Join the TDF Injuries Class Action Lawsuit?
At this stage, potential class members do not need to provide any evidence to join the TDF Injuries Class Action. While evidence may be necessary later in the process, Klein Lawyers will often work with you to gather information when the time comes. For now, our focus is on ensuring that all potential claimants are informed as the case progresses.
In the future, evidence to support your claim may include:
- Medical records that can confirm you were prescribed and took TDF-based drugs. These records may also document any adverse effects you suffered as a result, such as kidney damage, bone density loss, fractures, or other related health conditions.
- Pharmacy records/receipts can prove that you consumed the medication and help to establish the timeframe and duration of use.
- A medical diagnosis of conditions linked to TDF use will be important to demonstrate the harm caused by the medication.
- Personal statements detailing your experience, the impacts on your health, and any financial and emotional burdens can give context to your claim.
Klein Lawyers can advise you on your eligibility and the class action process. The first step toward seeking justice and compensation is completing the confidential online form to stay informed. Contact us today to learn more about the TDF Class Action Lawsuit.
What Are the Risks of Taking TDF-Based Drugs?
TDF-based drugs—including Truvada, Viread, Atripla, Complera, and Stribild—have been associated with several risks. The most concerning side effects include chronic kidney damage and reduced bone density. These risks are heightened with long-term use, as TDF remains in the bloodstream at toxic levels before metabolizing.
“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...”
