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The California Supreme Court has ruled 6-1 in favor of Gilead Sciences in a case which addresses whether manufacturers of drugs that are considered safe must try developing drugs that could be safer. California's highest court ordered the dismissal of negligence claims against the Foster City, California-based company by an estimated 24,000 patients using TDF, an HIV drug it produced, over its decision more than 20 years ago to stop developing tenofovir alafenamide fumarate, or TAF, which was similar to TDF but had fewer side effects. "What today’s decision declines to do is recognize, for the first time anywhere, sweeping liability for injuries caused by a concededly nondefective drug because the manufacturer allegedly failed to make a different drug available sooner," Justice Joshua Groban wrote for the majority. "Imposing such liability would create substantial burdens and would risk adverse consequences for pharmaceutical innovation, public health, and patient safety."
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