This case was last updated from PACER on 06/07/2021 at 07:06:36 (UTC).

Hawkins et al v. Gilead Sciences, Inc.

Case Summary

On April 8, 2021, Algarita Hawkins, Angel Jr., Charlene M. Shannon, Crowell Lisenby, David C. Whittaker & Ors. (collectively, “Plaintiff”), represented by Shana E. Scarlett of Hagens Berman Sobol Shapiro LLP, filed a personal injury lawsuit against Gilead Sciences, Inc. (“Gilead” or “Defendant”), seeking compensatory and actual damages along with restitutionary disgorgement to restore ill-gotten gains for alleged injuries sustained by Plaintiff by ingesting one or more of the prescription drugs manufactured and marketed by the Defendant. This case was filed in the U.S. District Court for the Northern District of California with Judge Kandis A. Westmore presiding.

 

In its complaint, the Plaintiff alleged that “Gilead designed each of the drugs to contain a form of the compound tenofovir that Gilead knew was toxic to patients’ kidneys and bones. Tenofovir is a nucleotide analogue reverse transcriptase inhibitor (“NRTI”), one of the classes of antiretroviral drugs used to treat HIV. NRTIs work by blocking an enzyme HIV needs to replicate. Gilead did not discover tenofovir.”

 

The Plaintiff also alleged that “Before Gilead began selling its first TDF Drug, Viread, in 2001, Gilead knew that TDF posed a safety risk to patients’ kidneys and bones. Gilead also knew that the relatively high dose of TDF created a greater risk of toxic effects, and that bone and kidney toxicities were even more likely to be seen with long-term use of TDF for the treatment of a virus that, for the foreseeable future, has no cure.”

 

The Plaintiff further alleged that “Gilead also made Stribild even more dangerous to Plaintiffs when it designed the drug to include cobicistat in combination with 300 mg TDF. Gilead intentionally withheld a safer alternative design of TDF Drugs it knew to be dangerously toxic to patients’ kidneys and bones, while failing to adequately warn about the risks and safer use of the defective drugs, solely to make more money. Accordingly, Plaintiffs bring this action to recover damages for their personal injuries and seek punitive damages arising from Gilead’s willful and wanton conduct.”

 

There are eight claims for relief laid down by the Plaintiff. The first claim lays down the Plaintiffs accountability through strict products liability for alleged design defects under the laws of the states of Alabama, Arizona, Georgia, Kentucky, Nevada, Oklahoma, Tennessee, Texas and West Virginia. The second claim under strict products liability is for the Plaintiff’s alleged failure to warn under the laws of the states of Alabama, Arizona, Georgia, Kentucky, Nevada, Oklahoma, Tennessee, Texas and West Virginia. The third and fourth claims for Indiana products liability act have been filed under Burns Ind. Code Ann. §§ 34-20-1-1 et. seq. and Miss. Code Ann. §§ 11-1-63. The fifth claim is for alleged negligence and alleged gross negligence under the laws of the states of Alabama, Arizona, Georgia, Kentucky, Nevada, Oklahoma, Tennessee, Texas and West Virginia. The sixth claim is for alleged fraud by omission under the laws of the states of Alabama, Arizona, Georgia, Kentucky, Nevada, Oklahoma, Tennessee, Texas and West Virginia. The seventh claim is for alleged breach of implied warranty of merchantability under the laws of the states of Alabama, Nevada, Texas and West Virginia and the eighth claim is for violation of state consumer protection laws.

 

In their prayer for relief, the Plaintiffs have requested the court to declare, adjudge, and decree the conduct of Gilead as unlawful, unfair, and/or deceptive and otherwise in violation of the law and to award actual, compensatory and statutory damages in addition to punitive and exemplary damages. The Plaintiff further requested the court to award restitution and restitutionary disgorgement to restore ill-gotten gains received by Gilead in addition to an award for all costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-02539

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical/Pharmaceutical Product Liability

  • Courthouse:

    California Northern District

Judge Details

Presiding Judges

Kandis A. Westmore

Jon S. Tigar

 

Party Details

Plaintiffs

Kevin Charles Hopkins

Robert E. Carmichael

Charlene M. Shannon

Algarita Hawkins

Leslie L. Hooks

Roger Banks

William B. Hardy

Gary Lee Shaw

Kenneth M. Lynn

Crowell Lisenby

Angel Perez, Jr.

Mitchell M. Parson

Gerard Montemurro

James A. Pogue

Loretta Y. Daniels

Elizabeth E. Lee

Gerard Thomas

Samson Chawapiwa Mateko

Machelle R. Dodge

Defendant

Gilead Sciences, Inc.

6 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

Shana E. Scarlett

Attorney at Hagens Berman Sobol Shapiro LLP

715 Hearst Avenue, Suite 202

Berkeley, CA 94710

Defendant Attorney

Joshua Eugene Anderson

Attorney at Sidley Austin LLP

555 W 5Th St

Los Angeles, CA 90013

 

Court Documents

#11

(#11) WAIVER OF SERVICE Returned Executed filed by Kathryn E. Dennison, Robert W. Hogsed, Gary Lee Shaw, Angel Perez, Jr, Mitchell M. Parson, Roger Banks, Algarita Hawkins, Richard D. Griffin, Roger Lewis, Kevin Charles Hopkins, Machelle R. Dodge, William B. Hardy, Elizabeth E. Lee, Charlene M. Shannon, Gerard Thomas, Kenneth M. Lynn, Robert S. Wallace, Loretta Y. Daniels, Leslie L. Hooks, Gerard Montemurro, Crowell Lisenby, Samson Chawapiwa Mateko, James A. Pogue, Robert E. Carmichael, David C. Whittaker. Service waived by Gilead Sciences, Inc. waiver sent on 5/12/2021, answer due 7/12/2021. (Scarlett, Shana) (Filed on 5/12/2021) (Entered: 05/12/2021)

#10

(#10) ORDER REGARDING DISMISSAL OF CLAIMS AND RESPONSIVE PLEADINGS by Judge Jon S. Tigar granting (669) Stipulation in case 4:18-cv-06972-JST; granting (9) Stipulation in case 4:21-cv-02539-JST. (mllS, COURT STAFF) (Filed on 5/11/2021) (Entered: 05/11/2021)

#9

(#9) STIPULATION WITH PROPOSED ORDER REGARDING DISMISSAL OF CLAIMS AND RESPONSIVE PLEADINGS filed by Gilead Sciences, Inc. and Algarita Hawkins. (Anderson, Joshua) (Filed on 5/11/2021) Modified on 5/11/2021 (jmlS, COURT STAFF). (Entered: 05/11/2021)

#8

(#8) ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES by Judge Jon S. Tigar granting (665) Stipulation in case 4:18-cv-06972-JST; granting (7) Stipulation in case 4:21-cv-02539-JST. (mllS, COURT STAFF) (Filed on 5/11/2021) (Entered: 05/11/2021)

#7

(#7) STIPULATION WITH PROPOSED ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES filed by Gilead Sciences, Inc. and Algarita Hawkins et al.. (Anderson, Joshua) (Filed on 5/10/2021) Modified on 5/11/2021 (jmlS, COURT STAFF). (Entered: 05/10/2021)

6 #1

Notice of Eligibility for Video Recording

#6

(#6) ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by the Clerk on 5/10/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)

#5

(#5) ORDER RELATING CASES. Motions terminated: (662 in 4:18-cv-06972-JST) Joint ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related . Signed by Judge Jon S. Tigar on May 7, 2021. (mllS, COURT STAFF) (Filed on 5/7/2021) (Entered: 05/07/2021)

#4

(#4) CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/7/2021. (dtmS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

#3

(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A - Notice Letter

#1

(#1) NO PROCESS- COMPLAINT with Jury Demand against Gilead Sciences, Inc. ( Filing fee $ 402, receipt number 0971-15810824.). Filed by Kathryn E. Dennison, Robert W. Hogsed, Gary Lee Shaw, Angel Perez, Jr, Mitchell M. Parson, Roger Banks, Algarita Hawkins, Richard D. Griffin, Roger Lewis, Kevin Charles Hopkins, Machelle R. Dodge, William B. Hardy, Elizabeth E. Lee, Charlene M. Shannon, Gerard Thomas, Kenneth M. Lynn, Robert S. Wallace, Loretta Y. Daniels, Leslie L. Hooks, Gerard Montemurro, Crowell Lisenby, Samson Chawapiwa Mateko, James A. Pogue, Robert E. Carmichael, David C. Whittaker. (Attachments: #1 Exhibit A - Notice Letter, #2 Civil Cover Sheet)(Scarlett, Shana) (Filed on 4/8/2021) Modified on 4/9/2021 (anjS, COURT STAFF). (Entered: 04/08/2021)

3 More Documents Available
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Docket Entries

  • 05/12/2021
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  • Docket(#11) WAIVER OF SERVICE Returned Executed filed by Kathryn E. Dennison, Robert W. Hogsed, Gary Lee Shaw, Angel Perez, Jr, Mitchell M. Parson, Roger Banks, Algarita Hawkins, Richard D. Griffin, Roger Lewis, Kevin Charles Hopkins, Machelle R. Dodge, William B. Hardy, Elizabeth E. Lee, Charlene M. Shannon, Gerard Thomas, Kenneth M. Lynn, Robert S. Wallace, Loretta Y. Daniels, Leslie L. Hooks, Gerard Montemurro, Crowell Lisenby, Samson Chawapiwa Mateko, James A. Pogue, Robert E. Carmichael, David C. Whittaker. Service waived by Gilead Sciences, Inc. waiver sent on 5/12/2021, answer due 7/12/2021. (Scarlett, Shana) (Filed on 5/12/2021) (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#10) ORDER REGARDING DISMISSAL OF CLAIMS AND RESPONSIVE PLEADINGS by Judge Jon S. Tigar granting (669) Stipulation in case 4:18-cv-06972-JST; granting (9) Stipulation in case 4:21-cv-02539-JST. (mllS, COURT STAFF) (Filed on 5/11/2021) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#9) STIPULATION WITH PROPOSED ORDER REGARDING DISMISSAL OF CLAIMS AND RESPONSIVE PLEADINGS filed by Gilead Sciences, Inc. and Algarita Hawkins. (Anderson, Joshua) (Filed on 5/11/2021) Modified on 5/11/2021 (jmlS, COURT STAFF). (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#8) ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES by Judge Jon S. Tigar granting (665) Stipulation in case 4:18-cv-06972-JST; granting (7) Stipulation in case 4:21-cv-02539-JST. (mllS, COURT STAFF) (Filed on 5/11/2021) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#7) STIPULATION WITH PROPOSED ORDER CONSOLIDATING CASES FOR PRETRIAL PURPOSES filed by Gilead Sciences, Inc. and Algarita Hawkins et al.. (Anderson, Joshua) (Filed on 5/10/2021) Modified on 5/11/2021 (jmlS, COURT STAFF). (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#6) ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by the Clerk on 5/10/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)

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  • 05/07/2021
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  • Docket(#5) ORDER RELATING CASES. Motions terminated: (662 in 4:18-cv-06972-JST) Joint ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related . Signed by Judge Jon S. Tigar on May 7, 2021. (mllS, COURT STAFF) (Filed on 5/7/2021) (Entered: 05/07/2021)

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  • 04/23/2021
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  • Docket(#4) CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/7/2021. (dtmS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

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  • 04/09/2021
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  • Docket#Electronic filing error. Missing case number. Reminder, please ensure that all future documents filed have the case number 4:21-cv-02539-KAW. No further action is necessary. Re: #1 Complaint, filed by Samson Chawapiwa Mateko, Kevin Charles Hopkins, Leslie L. Hooks, Roger Banks, David C. Whittaker, Robert E. Carmichael, Gerard Montemurro, Algarita Hawkins, Richard D. Griffin, Machelle R. Dodge, Roger Lewis, Kenneth M. Lynn, Gary Lee Shaw, Mitchell M. Parson, Charlene M. Shannon, Robert S. Wallace, James A. Pogue, Kathryn E. Dennison, Elizabeth E. Lee, William B. Hardy, Crowell Lisenby, Gerard Thomas, Robert W. Hogsed, Angel Perez, Jr., Loretta Y. Daniels (anjS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2021. Initial Case Management Conference set for 7/13/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)

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  • 04/08/2021
  • Docket(#2) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/22/2021. (haS, COURT STAFF) (Filed on 4/8/2021) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#1) NO PROCESS- COMPLAINT with Jury Demand against Gilead Sciences, Inc. ( Filing fee $ 402, receipt number 0971-15810824.). Filed by Kathryn E. Dennison, Robert W. Hogsed, Gary Lee Shaw, Angel Perez, Jr, Mitchell M. Parson, Roger Banks, Algarita Hawkins, Richard D. Griffin, Roger Lewis, Kevin Charles Hopkins, Machelle R. Dodge, William B. Hardy, Elizabeth E. Lee, Charlene M. Shannon, Gerard Thomas, Kenneth M. Lynn, Robert S. Wallace, Loretta Y. Daniels, Leslie L. Hooks, Gerard Montemurro, Crowell Lisenby, Samson Chawapiwa Mateko, James A. Pogue, Robert E. Carmichael, David C. Whittaker. (Attachments: #1 Exhibit A - Notice Letter, #2 Civil Cover Sheet)(Scarlett, Shana) (Filed on 4/8/2021) Modified on 4/9/2021 (anjS, COURT STAFF). (Entered: 04/08/2021)

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