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    Federal lawsuit accuses drug maker of intentionally withholding safer HIV drugs

    A new federal lawsuit against Gilead Sciences exposes how the pharmaceutical giant is putting profits over people, especially oppressed groups including Black and LGBT communities, said renowned civil rights attorney Ben Crump.

    Crump, along with co-counsel at the Hilliard Martinez Gonzales, Hagens Berman Sobol Shapiro LLP, and Morgan & Morgan law firms, announced the lawsuit against Gilead Sciences, accusing the company of intentionally withholding a safer HIV drug from hundreds of thousands of patients in order to extend the profitability of the patent it held on an older, more risky drug. The tactic, Crump said, unjustly affected patients in the Black, minority, and LGBT communities.

    In the lawsuit, Crump and co-counsel Bob Hilliard and Steve Berman assert that Gilead withheld a second-generation HIV drug that was safer and produced fewer side effects and complications, in order to prevent competition with its harmful first-generation drug until its patent expires in 2021. Gilead’s first-generation drug, known as TDF, can cause life-threatening side effects such as bone demineralization and kidney toxicity. For a person already living with HIV/AIDS, these side effects and toxicities turn a manageable condition into one that is potentially life-threatening.

    The HIV epidemic is characterized by extraordinary disparity regarding minority groups. Despite representing less than 13% of the U.S. population, in 2017 Black and African-American residents made up 44% of those who were newly diagnosed with HIV. Similarly, while Hispanics and Latino Americans made up 17% of the U.S. population in 2015, they made up 22% of people living with HIV. African-Americans have the highest rate of new HIV diagnoses compared to other races and ethnicities. More than 70% of all new HIV diagnoses in 2017 were in gay and bisexual men, as well as transgender women, of all races.

    “Gilead’s chosen path of inaction is causing tremendous harm to persons with HIV, particularly black and LGBT minorities, by keeping drugs that would reduce deadly symptoms off the market and unavailable to those who need them the most,” said Crump. “This lawsuit is a major step in the right direction toward racial equity in communities unevenly affected by HIV and exploited by pharmaceutical Goliaths like Gilead.”

    Because Gilead willfully grips the market with its monopoly, it is able to charge exorbitant prices – more than $3,700 a month – at the expense of the populations who need it most.

    “This new lawsuit seeks justice for underrepresented communities, providing a voice to those who may not have ever received one otherwise,” Crump said. “As long as Gilead continues to cravenly value profits over people, people living with HIV/AIDS will suffer from a lower quality of life. This must stop.”

    ONLINE: http://www.tdflawsuit.com.

    Feature photo of Ben Crump taken by Mark Wallheiser

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    Federal class action suit filed against Johnson and Johnson on behalf of buyers

    Co-counsel Ben Crump says people of color were ‘victimized twice’

    This week, new documents were uncovered as part of existing lawsuits filed by ovarian cancer and mesothelioma victims. The documents indicate J&J knew for decades that cancer-causing asbestos and heavy metals were prevalent in the talc used in its Johnson’s Baby Powder and other products but failed to put a warning label on them. J&J stock prices plummeted after this and earlier disclosures.

    Rosen Law Firm, a global investor rights law firm, and Ben Crump Law, a civil rights and personal injury firm, announced the filing of a federal securities class action lawsuit on behalf of purchasers of the securities of Johnson & Johnson between Feb. 22, 2013, and Feb. 7, 2018, both dates inclusive (“Class Period.”) The lawsuit seeks to recover damages for J&J investors under the federal securities laws.

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    Ben Crump

    According to the lawsuit, throughout the Class Period defendants made false or misleading statements, and failed to disclose that J&J has known for decades that its talc products include asbestos fibers and that the exposure to those fibers can cause ovarian cancer and mesothelioma. J&J’s denials that talc could cause cancer and mesothelioma were materially false and misleading, and the company concealed contingent liabilities and loss of future revenues from the product. As a result of the company’s actions, the lawsuit claims, investors suffered damages when the true details entered the market.

    Crump said Johnson & Johnson engaged in “cynical tactics to market these products to women of color, while knowing their potential harm.”

    “Johnson & Johnson devalued Black lives by expressly marketing a product to Black customers that they knew for decades to be harmful,” Crump said. “Given that many Black workers’ retirement funds depend on government pension funds that invest in this stock for their retirement, Johnson & Johnson victimized them twice, jeopardizing their physical and their financial health.”

    In the 1990s, Johnson &Johnson began a concerted effort to boost the sales of its baby powder by “targeting” Black and Hispanic women, according to a company memorandum made public in recent lawsuits that led to multimillion-dollar verdicts against the powder manufacturer. In the past, Black women have reported significantly higher use of feminine hygiene products, including genital powder. A 2015 case-control study in Los Angeles found that 44 percent of Black women reported using talcum powder, compared to 30 percent of white women and 29 percent of Hispanic women.

    Rosen said the class action lawsuit has already been filed. Anyone wishing to serve as lead plaintiff, must move the Court no later than April 9, 2018. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. Anyone wishing to join the litigation should go to http://www.rosenlegal.com/cases-1288.html or contact Phillip Kim or Daniel Sadeh of Rosen Law Firm toll-free at 866-767- 3653 or via email at pkim@rosenlegal.com or dsadeh@rosenlegal.com. Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Since 2014, Rosen Law Firm has been ranked #2 in the nation by Institutional Shareholder Services for the number of securities class action settlements annually obtained for investors.

    Ben Crump is well known for representing clients in a wide range of civil rights and personal injury cases and is a former president of the National Bar Association. He has been recognized by the National Bar Association as the Nation’s Best Advocate and listed on The National Trial Lawyers’ Top 100 Lawyers. His firm also focuses on practice areas that include class actions, personal injury, wrongful deaths, and workers’ compensation.

    The Rosen and Crump firms announced a partnership earlier this year to expand and diversify reach and help bring justice to organizations and individuals impacted by securities fraud and corporate misconduct throughout the world.

     

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    Civil Rights Attorney Ben Crump launches law firm with national scope

    TALLAHASSEE—With the aim of more effective activism to promote individual and social justice in America, renowned civil rights advocate and attorney Ben Crump  this week launched a new law firm with a nationwide network of top lawyers. Well known for his work representing the families of Trayvon Martin, Michael Brown, Corey Jones, Tamir Rice and others, Crump said the new firm will have the scale to seek justice for individuals across the nation and broadly extend his advocacy for social justice causes.

    Ben Crump Law PLLC, will focus on civil rights, employment law, personal injury, workers’ compensation, medical malpractice and wrongful death cases, as well as mass torts and class actions.

    “We are at a pivotal time in American history, when the hunger for social justice is spurring a renewal in our civil rights movement,” Crump said. “Tapping into a nationwide team of talent gives us the scale to help individuals across the country and the ability to bring class actions and mass tort cases that can spur the progress toward real change.”

    Offices will be in Washington, D.C., Los Angeles and Tallahassee. Ben Crump Law has established an affiliation with the Morgan & Morgan law firm to create linkages with some of the top lawyers in the country, allowing the firm to handle cases anywhere in the country as part of the Ben Crump Law network.

    People of color are disproportionately affected by environmental racism, discriminatory practices and lack of access to quality schools and the internet — causes that all may be addressed by uniting the interests of many plaintiffs, Crump said.

    “Crump speaks truth to power and gives hope to the hopeless,” said John Morgan, founder of Morgan & Morgan. “He is today’s seminal civil rights lawyer. The go-to guy. A modern-day Johnny Cochran.”

    Crump will host TVOne’s “Evidence of Innocence,” which is based on wrongfully convicted citizens who have been exonerated by clear and convincing evidence. He is also will lead the investigation on A&E’s upcoming documentary series “Who Killed Tupac?” and can be seen on the new film “Marshall,” set to release October 13.

    A distinguished civil rights advocate, Crump has been honored with the Henry Latimer Diversity Award, The Florida Association of Fundraising Professionals, Outstanding Philanthropist of the Year, National Newspaper Publishers Association Newsmaker of the Year, and The Root 100 Top Black Influencers. Crump also has served as president of the National Bar Association. He has been recognized by Ebony magazine as one of the 100 Most Influential African Americans and has received the National Civil Rights Museum’s Freedom Award, the American Association for Justice Johnny Cochran Award, the NAACP Thurgood Marshall Award, and the Southern Christian Leadership Conference’s Martin Luther King Servant Leader Award.

    Visit Ben Crump Law online at www.bencrump.com.

     

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