The court reverses an appellate court’s conclusion that Gilead could be held liable for harms arising from a non-defective drug. While clinically testing TDF, Gilead also began developing a backup drug, tenofovir alafenamide fumarate (TAF). The appellate court upheld the negligence ruling, finding a manufacturer’s duty of reasonable care may extend beyond marketing a nondefective product. Associate Justice Kelli M. Evans dissented, writing that the majority opinion grants drug manufacturers “sweeping immunity from negligence liability.” Like other entities, drug manufacturers should be held liable for injuries caused when they act negligently or engage in willful misconduct,” she said.