Gilead Statement on Agreement in Principle to Resolve Federal TDF Litigation

Foster City, Calif., June 4, 2024 – Gilead Sciences has reached an agreement in principle with counsel representing the overwhelming majority of plaintiffs in the federal TDF litigation pending in the U.S. District Court for the Northern District of California (ADRIAN HOLLEY, et al.).

Gilead entered into this agreement to avoid the cost and distraction of litigating these cases, and in no way is this settlement an admission of liability or wrongdoing. In general terms, the agreement provides that Gilead will make a one-time payment of up to $40 million to the group of eligible plaintiffs (approximately 2,625 plaintiffs). The agreement is subject to certain conditions, including that at least 98% of these eligible plaintiffs elect to participate in the settlement.

Gilead expects that the settlement will resolve the claims of the overwhelming majority of plaintiffs in the federal TDF litigation. However, there may be some plaintiffs in the federal TDF litigation who do not elect to participate in the settlement and there are others who are not part of this agreement. As to those plaintiffs, Gilead will continue to vigorously defend itself. Gilead has never stopped working to improve the lives of people with HIV. The evidence shows that the long-term safety of TAF was unknown and impossible to predict in October 2004 when Gilead stopped TAF development in favor of further developing TDF medications. Today, both TDF- and TAF-containing medicines are approved by the FDA, are recommended in the U.S. Department of Health & Human Services HIV treatment guidelines, and successfully help treat and prevent HIV in millions of people.

This agreement in the federal TDF litigation does not affect the California state TDF litigation that is currently pending in the California Supreme Court. Last month, the California Supreme Court granted Gilead’s petition to review the Court of Appeal’s decision. Briefing in the California Supreme Court will begin in July, with Gilead’s initial brief due on July 15.

About Gilead Sciences

Gilead Sciences, Inc. is a biopharmaceutical company that has pursued and achieved breakthroughs in medicine for more than three decades, with the goal of creating a healthier world for all people. The company is committed to advancing innovative medicines to prevent and treat life-threatening diseases, including HIV, viral hepatitis, COVID-19, cancer and inflammation. Gilead operates in more than 35 countries worldwide, with headquarters in Foster City, Calif.

For 35 years, Gilead has been a leading innovator in the field of HIV, driving advances in treatment, prevention and cure research. Gilead researchers have developed 12 HIV medications, including the first single-tablet regimen to treat HIV, the first antiretroviral for pre-exposure prophylaxis (PrEP) to help reduce new HIV infections, and the first long-acting injectable HIV treatment medication administered twice-yearly. Our advances in medical research have helped to transform HIV into a treatable, preventable, chronic condition for millions of people.

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