Last May, Gilead Sciences (GILD) chief executive Daniel O’Day testified before Congress that a revised version of a best-selling HIV pill was a “brand new medicine” and that the company was “absolutely not” aware it was safer than an older version during the early stages of development.

Yet a recently filed lawsuit offers details that purportedly contradict his remarks and, in the process, raises questions about the extent to which Gilead may have deliberately delayed bringing a new treatment to market in order to milk sales of an older, lucrative franchise.

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