California Supreme Court Watch

May 01, 2024
Gilead Tenofovir Cases, S283862.

#24-77 Gilead Tenofovir Cases, S283862. (A165558; 98 Cal.App.5th 911, mod. 99 Cal.App.5th 196a; San Francisco County Superior Court; CJC19005043.) Petition for review after the Court of Appeal granted in part and denied in part a petition for writ of mandate. This case presents the following issue: Does a drug manufacturer have a duty of reasonable care to users of a drug it is currently selling, which is not alleged to be defective, when making decisions about the commercialization of an allegedly safer, and at least equally effective, alternative drug?

Petition for review granted: 5/01/2024

See the Court of Appeal Opinion.