Pharmaceutical Companies Sued for Negligence After Patient Dies

Defendants Gilead Science, Inc., Gilead Sciences, Inc., Gilead Pharmassett LLC, and Asegua Therapeutics LLC  were sued on Thursday in the Court of Common Pleas of Philadelphia County by the administratrix of the decedent’s estate. The complaint, which was filed by the plaintiff as the administratrix of the estate of her father, cites over $50,000 worth of interest and costs, in addition to counts of negligence, breach of expressed warranty, breach of implied warranty, and products liability.

According to the complaint, the defendants manufactured, produced, and marketed a medication called Ledipasvir-sofosbuvir, but more commonly known as Harvoni. Harvoni is a prescription medicine intended to “treat adults with chronic hepatitis C infection with or without cirrhosis.” The decedent was prescribed Harvoni in September of 2017, and he began taking doses of it on a regular basis in a manner that was “consistent with the medications intended and foreseeable purpose” of treating a hepatitis C infection. After he began taking the medication, he developed a medical condition known as Hepatocellular Carcinoma and subsequently died on December 19, 2018.

The administratrix asserts that her father’s development of this condition can be solely attributed to his taking of the medication Harvoni. Reportedly, when he contracted Hepatocellular Carcinoma, the decedent had to spend “substantial sums of money” in order to obtain proper treatment, for which his daughter is seeking damages.

The plaintiff claims that the defendants were negligent in the role they played when they approved the “dangerous medication without performing the proper tests.” Further, the plaintiff asserts that when the defendants became aware of the defective qualities of Harvoni, they made no effort to rectify the situation or remove the medication from the market despite noticing its “dangerous and harmful condition when used for its intended foreseeable purposes.”

The complaint also mentions the defendants’ advertisement of Harvoni without mentioning the potential risks associated with taking it, such as developing Hepatocellular Carcinoma. They allegedly represented the medication in a false and misleading manner, which led to damages being sustained by the plaintiff.

The plaintiff is seeking favorable judgement on all counts, litigation fees, damages with interest, and any other relief deemed just by the Court. She is represented in the litigation by Rick Stock Law.