California Supreme Court Reviews 'Duty to Innovate' Case Impacting Product Liability
The California Supreme Court is set to review a significant case involving Gilead Sciences, which was previously ruled against by the California Court of Appeal. The case centers on the concept of a 'duty to innovate,' where Gilead was sued for not releasing a potentially safer drug quickly enough. The appellate court's decision in the Gilead Tenofovir Cases established that a company could be held liable if it was developing a safer product but did not release it promptly, even if the existing product was not defective. This ruling has created a new liability for manufacturers, potentially slowing innovation and discouraging research and development. The case involves thousands of plaintiffs who claim that Gilead delayed the release of a safer HIV drug to maximize profits from an existing drug, which allegedly caused side effects. 
