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California Supreme Court rejects negligence claim against Gilead

A photo of the Gilead Sciences log in front of their corporate headquarters.
Photo: Justin Sullivan/Getty Images

Justices rule drugmakers cannot be liable for delaying safer alternatives when existing products are FDA approved and nondefective.

The California Supreme Court has ruled that Gilead Sciences cannot face negligence claims for allegedly delaying the release of a safer HIV drug while continuing to market an older treatment with more harmful side effects.

In a 6-1 decision, the justices reversed a lower appellate ruling that had expanded manufacturers’

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