The statute of limitations for filing a Truvada lawsuit is the period of time between when you were hurt by Truvada’s side effects and the last day you are allowed to file a claim for compensation. In most cases, this window of time will be two years. However, each state has its own rules. There are also certain situations that can extend the timeframe during which you can sue. Filing a lawsuit after the statute of limitations has expired could lead to your claim for compensation, no matter how strong, getting dismissed in court.
In this article, we discuss:
- 1. Truvada lawsuits and TDF lawsuits
- 2. How does a statute of limitations work?
- 3. The statute of limitations for Truvada lawsuits and TDF lawsuits
- 4. Lawsuits filed after the statute of limitations has expired can get dismissed
1. Truvada lawsuits and TDF lawsuits
Truvada lawsuits are claims for compensation against Gilead Sciences, Inc. for injuries caused by the side effects of its HIV treatment, Truvada.
Truvada is a drug that utilizes two drugs:
- Emtricitabine, and
- Tenofovir disoproxil fumarate, also known as TDF.
TDF is a highly toxic chemical that prevents HIV cells from spreading, once they are in the body. However, it absorbs poorly in the body. Together with its high degree of toxicity, this means TDF can cause severe side effects, like:
- Kidney damage and renal failure,1
- Lactic acidosis, a medical complication of renal failure,2 and
- Bone loss, a decrease in bone density, and a heightened risk for bone fractures and osteoporosis.3
TDF is not just used in Truvada. It plays a central role in numerous other HIV treatments that are manufactured by Gilead, including:
- Complera,
- Atripla,
- Symfi-Lo,
- Cimduo, and
- Stribild.
Because they are based on TDF, many of these HIV treatments cause the same side effects that Truvada does. As a result, there are:
- Stibild lawsuits,
- Atripla lawsuits,
- Truvada lawsuits,
- Viread lawsuits, and
- Complera lawsuits.
TDF lawsuits just refer to all of these lawsuits, put together.
2. How does a statute of limitations work?
A statute of limitations is a law that forces civil lawsuits to be filed before a specified amount of time has passed.
These statutes aim to prevent someone from waiting for so long to file a lawsuit that the evidence is gone, and people have forgotten what happened. Additionally, the statute of limitations can allow people to repose, or rest assured that they will not be sued for something that they did after a certain period of time has passed.
There are different statutes of limitations for different kinds of legal claims. The variation is based on the types of evidence needed to prove the claim, how quickly that evidence can be gathered, and how long a potential defendant should be held open to the lawsuit. For example, in California:
- The statute of limitations for personal injury claims is two years, because they rely so often on someone’s memory of the event,4 while
- Lawsuits for the breach of a written contract can be filed at any point within four years, because the pertinent evidence is in writing.5
To add to the complexity, different states have their own statutes of limitations for similar or even identical situations. The variation reflects differences in attitude towards compensating a victim, or towards allowing the defendant to repose in the knowledge that they will not be sued. For example:
- Medical malpractice claims in California have to be filed either within one year after the victim knew, or should have known, of their injuries, or within three years of the malpractice, whichever comes sooner,6 while
- Medical malpractice claims in Nevada have to be filed either within two years of the victim discovering their injury, or within four years of the malpractice, whichever comes sooner.7
Even worse, some states have statutes of limitations for very specific situations, like products liability or even for injuries caused specifically by defective drugs. However, other states have only general statutes of limitations, like one for all personal injury cases.
3. The statute of limitations for Truvada lawsuits and TDF lawsuits
Because of the variation between states and the scope of different statutes of limitations, it can take a defective drug lawyer from the Shouse Law Office to determine how long you have to file a TDF lawsuit. With that said, though, most states utilize a two year statute of limitations for defective drug claims like these Truvada lawsuits.
Talking to an attorney well before those two years are set to expire, though, is essential. Gathering evidence to file a complaint and initiate a lawsuit takes time. Waiting until there is only a week before the statute of limitations is set to expire can keep your lawyer from crafting a lawsuit that includes the specifics of your injuries.
In some cases, you may have more than the standard amount of time in the statute of limitations because the statute will have tolled, or been delayed. Many states toll their statutes of limitations for personal injury claims where the injury was not apparent. In some of these states, the statute of limitations only begins to run when the injury is discovered, or when it should have been discovered.
Because the lawsuits against Gilead for the side effects of their TDF drugs claim that the warning label inadequately warned doctors and patients of the severity of those side effects, the statute should only begin when the side effects became apparent.
Each state’s statute of limitations vary. Below is a summary of each state’s statute of limitations provided only to give you an idea, but not to confirm how long you may or may not have to file a lawsuit. Of course, to be certain of the timing of your lawsuit, it is always best to seek legal counsel.
| State | Years | Time Period Starts On | Code |
| Alabama | 2 | Date the injury is or should have been discovered. | Ala. Stat. § 6-2-38 |
| Alaska | 2 | Date the injury is or should have been discovered. | Alaska Stat. § 09.10.070(a) |
| Arizona | 2 | Date the injury is or should have been discovered. | |
| Arkansas | 3 | Date the injury is or should have been discovered. | A.C.A. § 16-116-103 |
| California | 2 | Date the injury is or should have been discovered. | Cal. Civ. Proc. § Code 335.1 |
| Colorado | 2 | Date the injury is or should have been discovered. | C.R.S. § 13-80-106(1) |
| Connecticut | 3 | Date the injury is or should have been discovered. *10-year statute of repose beginning once the | C.G.S.A. § 52-577(a) |
| Delaware | 2 | Date the injury is or should have been discovered. | 10 Del. C. § 8119 § 8107 |
| District of Columbia | 3 | Date the injury is or should have been discovered. | D.C. Code § 12-301 |
| Florida | 4 | Date the injury is or should have been discovered. *12-year statute of repose with exceptions. | F.S.A. § 95.11(3)(a),(e),(k) |
| Georgia | 2 | Date the injury is or should have been discovered. *1 year from date of death. *10-year statute of repose with exceptions. | O.C.G.A. § 9-3-33 |
| Hawaii | 2 | Date the injury is or should have been discovered. | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 | Date the injury occurred. *10-year statute of repose with exceptions. | Idaho Code § 5-219 |
| Illinois | 2 | Date the injury occurred. *12-year or 10-year statute of repose beginning once product is sold or once product is delivered to first owner, respectively. | 735 I.L.C.S. § 5/13-202 |
| Indiana | 2 | Date the injury occurred. *10-year statute of repose with exceptions | I.C. § 34-11-2-4 |
| Iowa | 2 | Date the injury occurred. | I.C.A. § 614.1(2) |
| Kansas | 2 | Date the injury occurred. | K.S.A. § 60-513 |
| Kentucky | 1 | Date the injury occurred. *5-year or 8-year statute of repose beginning from sale date or manufacture date, respectively. | K.R.S. § 413.140(1)(a) |
| Louisiana | 1 | Date the injury occurred. | L.S.A.-C.C. Art. § 3492 |
| Maine | 6 | Date the injury occurred. | 14 M.R.S.A. § 752 |
| Maryland | 3 | Date the injury occurred. | Md. Cts. & Jud. Proc. Code § 5-101 |
| Massachusetts | 3 | Date the injury occurred. | Mass. Ann. Laws Ch. 260 §§ 2A and 4 |
| Michigan | 3 | Date the injury occurred. | M.C.L.A. § 600.5805 |
| Minnesota | 4 | Date the injury occurred. | M.S.A. § 541.05 subd.2 |
| Mississippi | 3 | Date the injury occurred. | M.C.A. § 15-1-49 |
| Missouri | 5 | Date the injury occurred. | Mo. Rev. Stat § 516.120 |
| Montana | 3 | Date the injury occurred. | Mont. Stat. § 27-2-202 |
| Nebraska | 4 | Date on which the injury occurred. *10-year statute of repose beginning date product is first sold. | Neb. Rev. Stat § 25-224(1) |
| Nevada | 4 | Date the injury occurred. | N.R.S. § 11.190 |
| New Hampshire | 3 | Date on which the injury occurred. *12-year statute of repose beginning once the product is manufactured and sold. | N.H.Rev. Stat. Ann. § 508:4(I) |
| New Jersey | 2 | Date the injury occurred. | N.J.S.A. § 2A:14-1 |
| New Mexico | 3 | Date the injury occurred. | N.M.S.A. § 37-1-8 |
| New York | 3 | Date the injury occurred. | N.Y.C.P.L.R. § 214, et seq. |
| North Carolina | 3 | Date the injury is or should have been discovered. | N.C.G.S.A. § 1-52-(16) |
| North Dakota | 6 | Date the injury occurred. *10-year statute of repose from the date of the initial purchase or within 11 years of the date of manufacture. | N.D.C.C § 28-01-16(5) |
| Ohio | 2 | Date the injury occurred. | O.R.C.A. § 2305.10(A) |
| Oklahoma | 2 | Date the injury occurred. | Okla. Stat. Ann. Tit. 12, § 95 |
| Oregon | 2 | Date the injury occurred. *10-year statute of repose with exceptions. | O.R.S. § 30.905(1-3) |
| Pennsylvania | 2 | Date the injury occurred. | 42 P.S. § 5524 |
| Rhode Island | 3 | Date the injury occurred. | R.I.G.L. § 9-1-14(b) |
| South Carolina | 3 | Date the injury occurred. | S.C. Code Ann. §§ 15-3-530, 5-3-535 |
| South Dakota | 3 | Date the injury occurred. *6-year statute of repose beginning after purchase. | S.D.C.L. § 15-2-12.2 |
| Tennessee | 1 | Date the injury occurred. *10-year statute or repose with exceptions. | T.C.A. § 28-3-104 |
| Texas | 2 | Date the injury occurred. *15-year statute of repose. | Tex. Civ. Prac. & Rem. Code Ann. § 16.003 |
| Utah | 2 | Date the injury occurred. | U.C.A. § 78B-6-706 |
| Vermont | 3 | Date the injury occurred. | Vt. Stat. Ann. Tit. 12, § 512(4),(5) |
| Virginia | 2 | Date the injury occurred. | Va. St. § 8.01-243(A) |
| Washington | 3 | Date the injury occurred. *12-year statute of repose. | R.C.W.A. § 7.72.060(3) |
| West Virginia | 2 | Date the injury occurred. | W. Va. Code § 55-2-12 |
| Wisconsin | 3 | Date the injury occurred. *15-year statute of repose with exceptions. | Wis. Stat. § 893.54 |
| Wyoming | 4 | Date the injury occurred. | Wyo. Stat. § 1-3-105(a)(iv)(C) |
4. Lawsuits filed after the statute of limitations has expired can get dismissed
If the time period specified in the statute of limitations has already run out before you file a TDF lawsuit, Gilead Sciences, Inc. is likely to use the statute as a defense to your claim and have your lawsuit dismissed.
Raising the statute of limitations as a defense to a lawsuit is a very strong one. Courts take the statute of limitations very seriously, so if you cannot show that your lawsuit was filed on time, or that the statute tolled long enough to permit your lawsuit, the court will likely dismiss your lawsuit without even looking at how strong it is.
References:
- Willem D.F. Venter, June Fabian, and Charles Feldman, “An overview of tenofovir and renal disease for the HIV-treating clinician,” South African Journal of HIV Medicine 19(1):817 (2018).
- Pablo Rivas, Jorge Polo, Miguel de Górgolas, Manuel L Fernández Guerrero, “Drug points: Fatal lactic acidosis associated with tenofovir,” British Medical Journal 327:711 (2003).
- Iwen F Grigsby, Lan Pham, Louis M Mansky, Raj Gopalakrishnan, and Kim C Mansky, “Tenofovir-associated bone density loss,” Therapeutics and Clinical Risk Management 6:41-7 (2010).
- California Code of Civil Procedure § 335.1.
- California Code of Civil Procedure § 337.
- California Code of Civil Procedure § 340.5.
- Nevada Revised Statute § 41A.097.