California Supreme Court
Aug. 4, 2026
California Supreme Court shields drugmakers from liability over delayed safer drugs
The California Supreme Court ruled that drug manufacturers cannot be sued for negligently delaying the commercialization of a safer alternative medication when the drug already on the market is not defective, handing Gilead Sciences a major victory in sprawling HIV drug litigation.
Drug manufacturers cannot be held liable for delaying the development and commercialization of a safer alternative drug when the existing drug is not defective, the state Supreme Court ruled Monday.
Justice Joshua P. Groban, writing for a 6-1 majority, directed summary judgment in favor of defendant Gilead Sciences Inc., reversing a 1st District Court of Appeal ruling that upheld a San Francisco County judge's decision allowing plaintiffs' negligence claim to proceed.
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