Stakeholders, including pharmacies and wholesalers, should be aware that Gilead Sciences, Inc. has been serving third-party subpoenas in its pending case in the United States District Court for the Eastern District of New York.
On June 17, 2024, Gilead Sciences, Inc., Gilead Sciences Ireland UC, and Gilead Sciences, LLC (“Gilead”) filed suit against Peter Khaim and several alleged co-conspirators, including pharmacies, for allegations including selling and distributing counterfeit Gilead HIV medications. Gilead’s current suit follows a prior suit also filed by Gilead in the same Court, which became known as “Gilead I”. In Gilead I, Gilead sued over 100 parties. Defendants in the more recent action, which has now become known as “Gilead II” appear to be parties that were discovered by Gilead through its litigation conducted in Gilead I but were not parties to the first action. The Defendants in Gilead II are now alleged to be co-conspirators with the Defendants identified in Gilead I. In fact, several of the Defendants in this action have been federally indicted in New York for conduct related to their participation in the counterfeiting conspiracy. In Gilead II, Gilead alleges that the lead Defendant, Peter Khaim, found new co-conspirators to continue to sell counterfeit medications to.
If you are a stakeholder, including a pharmacy or wholesaler, that has any concerns about this matter or has received a subpoena or other correspondence related to this case, contact a Frier Levitt attorney today.
How Frier Levitt Can Help
Frier Levitt represents industry stakeholders, including pharmacies, wholesalers, and other healthcare providers across the United States in various legal settings including in high stakes litigation in federal court, state court, as well as in private arbitration. Contact us today to speak with an attorney on how your pharmacy can navigate third party subpoenas.
