The Truvada lawsuit is heading into 2026 with growing momentum. Thousands of plaintiffs claim Gilead Sciences knowingly sold a dangerous version of its HIV prevention drug when a safer option already existed.
If you took Truvada or another TDF-based medication and suffered bone loss or kidney damage, this case could directly affect your wallet. Settlement estimates range widely, but some individual payouts could reach six figures depending on injury severity.
This article covers everything you need to know right now. You’ll get the latest 2026 case updates, estimated payout amounts broken down by injury tier, eligibility requirements, filing deadlines, and practical steps to get your claim moving.
Over 26,000 cases have been consolidated in this mass tort. That number alone tells you the scale of what Gilead is facing.
Truvada Lawsuit Update 2026
The Truvada lawsuit enters 2026 in an active litigation phase with bellwether trials and settlement discussions shaping the path forward. The multidistrict litigation, known as MDL 2881, continues in the U.S. District Court for the Northern District of California under Judge Jon S. Tigar.
Several bellwether trials have already taken place, and their outcomes are influencing both sides’ willingness to negotiate. Gilead Sciences has faced mixed results at trial, with some juries finding in favor of plaintiffs and others siding with the company.
In 2026, legal observers expect the pace of settlement talks to pick up. When bellwether verdicts start creating a pattern, defendants usually become more motivated to resolve cases in bulk rather than face unpredictable jury outcomes one at a time.
New cases are still being filed. Plaintiffs’ attorneys report a steady flow of inquiries from people who used TDF-based drugs for years and only recently connected their bone or kidney problems to the medication.
| 2026 Case Detail | Current Status |
|---|---|
| MDL Number | 2881 |
| Court | N.D. California |
| Presiding Judge | Jon S. Tigar |
| Total Cases Filed | Over 26,000 |
| Phase | Bellwether trials and settlement talks |
| New Filings | Still being accepted |
The legal landscape for this case in 2026 looks more active than it has in years. Both sides are under pressure to move toward resolution.
Truvada Lawsuit Settlement Amounts
Truvada lawsuit settlement amounts have not been officially finalized as of early 2026, but attorneys estimate individual payouts could range from $50,000 to over $250,000 per plaintiff depending on several factors.
The biggest factor is injury type. Plaintiffs with documented kidney failure or the need for dialysis will likely receive the highest amounts. Those with moderate bone density loss may fall into a lower settlement tier.
Length of TDF drug use matters too. Someone who took Truvada for eight years and developed chronic kidney disease has a stronger case than someone who used it for six months with mild side effects.
Here’s a rough breakdown based on attorney projections and comparable mass tort cases:
| Injury Level | Estimated Settlement Range |
|---|---|
| Severe kidney damage or failure | $150,000 to $250,000+ |
| Moderate kidney injury | $75,000 to $150,000 |
| Severe bone loss or fractures | $100,000 to $200,000 |
| Moderate bone density reduction | $50,000 to $100,000 |
| Combined kidney and bone injuries | $175,000 to $300,000+ |
These numbers are projections based on case evidence, trial outcomes, and similar pharmaceutical settlements. Actual amounts will depend on final negotiations between plaintiffs’ steering committees and Gilead Sciences.
Truvada Lawsuit Payout Per Person
The Truvada lawsuit payout per person will vary significantly based on individual circumstances. There is no flat rate. Each claim gets evaluated on its own merits.
Think of it like car insurance claims after an accident. Two people can be in similar crashes, but the person with more medical bills and longer recovery gets a bigger check. Same principle applies here.
Three main factors determine your individual payout:
- Severity of injury: Kidney failure pays more than mild bone thinning.
- Duration of TDF drug use: Longer use typically strengthens your claim.
- Medical documentation: Clear medical records linking your injury to TDF drugs are essential.
Attorney fees will also affect your take-home amount. Most Truvada lawsuit lawyers work on a contingency basis, typically taking 33% to 40% of the final settlement. That means a $150,000 settlement could net you between $90,000 and $100,500 after legal fees.
Court-approved costs like filing fees and expert witness expenses may also be deducted. Always ask your attorney for a written fee agreement before signing anything.
Quick Fact: In mass tort cases of this size, payouts typically begin 6 to 18 months after a settlement agreement receives final court approval.
Key Takeaway: Settlement amounts depend on your specific injuries, how long you took TDF drugs, and the strength of your medical records, with estimates ranging from $50,000 to over $300,000 per person.
Who Is Eligible for the Truvada Lawsuit
You are eligible for the Truvada lawsuit if you took a TDF-based HIV medication and later developed bone loss, kidney damage, or related health problems. The core allegation is that Gilead Sciences had a safer drug formula (TAF) but delayed releasing it to maximize profits from TDF.
Eligibility requirements generally include:
- You took Truvada, Atripla, Viread, Stribild, or Complera (all TDF-based drugs)
- You were diagnosed with bone density loss, osteoporosis, bone fractures, kidney damage, kidney failure, Fanconi syndrome, or renal tubular dysfunction
- Your diagnosis occurred during or after your use of a TDF medication
- A doctor can confirm or medical records show a connection between the drug and your injury
You don’t need to have taken Truvada specifically. Any TDF-containing medication qualifies. Gilead manufactured several HIV drugs using the tenofovir disoproxil fumarate formula, and all of them are included in this litigation.
| Eligible TDF Medications | Active Ingredient |
|---|---|
| Truvada | TDF + emtricitabine |
| Atripla | TDF + emtricitabine + efavirenz |
| Viread | TDF alone |
| Stribild | TDF + emtricitabine + elvitegravir + cobicistat |
| Complera | TDF + emtricitabine + rilpivirine |
If you’re unsure whether your medication contained TDF, check your prescription records or contact your pharmacy. They can verify the active ingredients.
Latest Truvada Lawsuit Update
The latest Truvada lawsuit update shows that the litigation is at a critical juncture heading into mid-2026. Bellwether trials have produced verdicts that give plaintiffs a stronger position at the negotiation table.
One key development: Gilead Sciences lost a major bellwether trial where a jury found that the company was liable for failing to warn patients about safer alternatives. This verdict strengthened the argument that Gilead prioritized revenue from its older TDF patents over patient safety.
On the other hand, Gilead has won some bellwether cases too. The company argues that TDF drugs were FDA-approved, effective, and that patients were informed of known risks. These mixed results create pressure on both sides to settle rather than gamble on more unpredictable jury outcomes.
Plaintiffs’ attorneys on the steering committee have signaled that formal settlement negotiations are progressing. No global settlement deal has been announced yet, but legal insiders describe the talks as “substantive.”
Key developments to watch in 2026:
- Additional bellwether trial verdicts scheduled for spring and summer
- Potential announcement of a global settlement framework
- Continued acceptance of new plaintiff cases
- Possible establishment of a settlement fund by Gilead
The pace of this case has picked up noticeably since late 2025. Things are moving.
Truvada MDL 2881 Update
MDL 2881 is the formal case designation for all Truvada and TDF drug lawsuits consolidated in federal court. As of 2026, it remains active in the U.S. District Court for the Northern District of California.
MDL stands for multidistrict litigation. It’s a process where similar federal lawsuits from across the country get bundled together for pretrial proceedings. This saves time and prevents conflicting rulings from different judges hearing the same basic case.
Judge Jon S. Tigar oversees MDL 2881. He has managed case scheduling, bellwether trial selections, discovery disputes, and expert witness challenges throughout the litigation.
| MDL 2881 Detail | Information |
|---|---|
| Full Case Name | In Re: Tenofovir Disoproxil Fumarate Products Liability Litigation |
| MDL Number | 2881 |
| Court | U.S. District Court, N.D. California |
| Judge | Hon. Jon S. Tigar |
| Consolidated Cases | 26,000+ |
| Status in 2026 | Active; bellwether trials ongoing |
The bellwether process is designed to test both sides’ arguments before representative juries. Results from these early trials help establish the range of possible outcomes and push both parties toward settlement.
If you filed a case that was transferred into MDL 2881, your individual claim is still alive. It just gets processed through the MDL system first before any individual resolution.
Key Takeaway: MDL 2881 is the engine driving all Truvada lawsuits forward, and the bellwether trial results in 2026 will likely determine whether Gilead agrees to a global settlement.
Truvada Settlement Timeline 2026
The Truvada settlement timeline in 2026 depends on how bellwether trials play out and whether Gilead Sciences agrees to a global resolution. Based on current case progression, here’s what legal analysts project.
| Timeline Phase | Projected Timeframe |
|---|---|
| Additional bellwether trials | Q1 to Q3 2026 |
| Settlement framework negotiations | Mid-2026 |
| Global settlement announcement (if reached) | Late 2026 to early 2027 |
| Claims filing period opens | 3 to 6 months after approval |
| Initial payouts begin | 6 to 18 months after settlement finalization |
This timeline is an estimate, not a guarantee. Mass tort settlements of this size routinely take longer than expected. Court approvals, appeals, claims processing, and administrative setup all add months to the process.
For comparison, the Roundup weedkiller settlement took over two years from initial agreement to widespread payouts. The 3M earplug litigation followed a similar extended timeline. Truvada plaintiffs should prepare for a realistic wait.
That said, 2026 looks like the year where real decisions get made. The litigation has matured past the discovery and expert phases. Trials are producing data points. Both sides have a clearer picture of what a fair resolution looks like.
If you haven’t filed yet, waiting for a settlement announcement could cost you. Deadlines don’t pause just because negotiations are happening.
Truvada Lawsuit Compensation Tiers
Truvada lawsuit compensation tiers are the categories used to group plaintiffs based on injury severity, and they directly determine how much money each person receives. Most mass tort settlements use a tiered system like this.
Here’s how tiers typically work in pharmaceutical mass torts:
- Tier 1 (Highest): Severe, life-altering injuries like kidney failure requiring dialysis or transplant, or multiple bone fractures with permanent disability.
- Tier 2 (High): Significant injuries like chronic kidney disease stage 3 or higher, or diagnosed osteoporosis with documented fractures.
- Tier 3 (Moderate): Moderate injuries like early-stage kidney damage, Fanconi syndrome, or notable bone density reduction confirmed by DEXA scan.
- Tier 4 (Lower): Mild or early-stage injuries like borderline kidney function decline or mild bone thinning without fractures.
| Tier | Injury Description | Estimated Range |
|---|---|---|
| Tier 1 | Kidney failure, dialysis, transplant, severe fractures | $200,000 to $300,000+ |
| Tier 2 | Chronic kidney disease (stage 3+), osteoporosis with fractures | $100,000 to $200,000 |
| Tier 3 | Fanconi syndrome, moderate kidney damage, bone density loss | $50,000 to $100,000 |
| Tier 4 | Mild kidney or bone issues, early-stage damage | $25,000 to $50,000 |
Your placement in a tier depends on your medical records. Diagnostic tests like GFR readings for kidney function and DEXA scans for bone density are the primary evidence. The stronger your documentation, the higher your tier placement.
Truvada Class Action Settlement
The Truvada litigation is technically not a class action settlement. It’s a mass tort, which is an important distinction that affects how you get paid.
In a class action, one lawsuit covers everyone automatically. You might get a check in the mail without doing anything. Mass torts are different. Each plaintiff files their own individual case, and each case gets evaluated separately based on that person’s specific injuries and circumstances.
This matters because mass tort payouts are usually much larger than class action payouts. In a class action, a $100 million settlement split among 500,000 people means $200 per person. In a mass tort with 26,000 plaintiffs, individual payouts are calculated by injury, not by headcount.
Key differences:
- Class action: One lawsuit, automatic membership, small individual payouts
- Mass tort: Individual cases, must file separately, larger individual payouts
- Truvada litigation: Mass tort structure within MDL 2881
Some people search for “Truvada class action” because the term is more familiar. That’s understandable. But knowing it’s a mass tort actually works in your favor. Your payout is based on your injuries, not diluted across millions of claimants.
Quick Fact: The average mass tort pharmaceutical settlement pays 10 to 50 times more per plaintiff than a typical consumer class action.
Key Takeaway: The Truvada litigation is a mass tort, not a class action, which means payouts are individualized and typically much higher than what class action members receive.
Truvada Bone Loss Lawsuit
The Truvada bone loss lawsuit centers on the claim that TDF-based medications cause significant bone mineral density reduction, leading to osteoporosis and fractures. Scientific studies have shown that tenofovir disoproxil fumarate can interfere with how the body processes minerals in bones.
Plaintiffs in bone loss cases typically present evidence including:
- DEXA scan results showing bone density decline during TDF drug use
- Diagnosed osteopenia or osteoporosis
- Bone fractures that occurred during or after TDF medication use
- Medical records showing the patient’s bone health was normal before starting TDF drugs
The core argument is straightforward. Gilead Sciences developed a safer version of tenofovir called TAF (tenofovir alafenamide) that causes significantly less bone damage. Plaintiffs allege the company delayed releasing TAF to continue profiting from TDF patents.
Research published in medical journals has confirmed that patients switching from TDF to TAF-based drugs like Descovy showed measurable improvements in bone density. This evidence supports the claim that Gilead had the data to know TDF was causing unnecessary harm.
| Bone Loss Evidence | What It Shows |
|---|---|
| DEXA scan (before TDF) | Baseline bone density |
| DEXA scan (during/after TDF) | Measured bone loss |
| Fracture records | Physical consequence of bone weakening |
| TAF comparison studies | Safer alternative existed |
If you experienced bone problems while taking any TDF medication, gather your medical imaging records. They are the backbone of a bone loss claim.
Truvada Kidney Damage Lawsuit
The Truvada kidney damage lawsuit alleges that TDF-based drugs cause renal toxicity, leading to conditions ranging from mild kidney impairment to complete kidney failure. Kidney claims tend to receive higher settlement values than bone loss claims because the consequences are often more severe and expensive to treat.
TDF is processed through the kidneys. Over time, exposure to the drug can damage the renal tubules, which are the tiny structures that filter waste from your blood. This damage can cause:
- Fanconi syndrome: A rare condition where the kidneys fail to reabsorb essential minerals
- Chronic kidney disease (CKD): Progressive loss of kidney function measured by GFR levels
- Acute kidney injury: Sudden kidney damage requiring emergency treatment
- End-stage renal disease: Complete kidney failure requiring dialysis or transplant
Medical documentation is critical for kidney damage claims. Your glomerular filtration rate (GFR) test results are the primary measure. A GFR below 60 sustained over three months typically indicates chronic kidney disease.
| Kidney Condition | GFR Range | Severity |
|---|---|---|
| Normal function | 90+ | No claim |
| Mild impairment | 60 to 89 | Possible Tier 4 |
| Moderate CKD | 30 to 59 | Tier 2 to 3 |
| Severe CKD | 15 to 29 | Tier 1 to 2 |
| Kidney failure | Below 15 | Tier 1 (highest) |
If you’re currently on dialysis or had a kidney transplant after taking TDF drugs, your claim falls into the highest compensation category. Keep all treatment records organized and accessible.
Gilead Sciences Truvada Lawsuit
Gilead Sciences is the sole defendant in the Truvada lawsuit. The Foster City, California-based pharmaceutical company developed, manufactured, and marketed all TDF-based HIV medications at the center of this litigation.
The central allegation against Gilead is damning in its simplicity. Plaintiffs claim the company developed TAF, a safer version of tenofovir, as early as 2001 but chose not to bring it to market until 2015. During that 14-year gap, millions of patients took TDF drugs that allegedly caused preventable bone and kidney damage.
Why would Gilead delay a safer drug? Plaintiffs point to patent strategy. TDF patents were generating billions in annual revenue. Releasing TAF earlier would have cannibalized those profits. By waiting until TDF patents were closer to expiration, Gilead could launch TAF as a new patented product and maintain its revenue stream.
Gilead’s defense has been consistent. The company argues that:
- TDF drugs were FDA-approved and met safety standards
- TAF required additional development and clinical testing
- Known side effects were disclosed in drug labeling
- The benefits of TDF for HIV treatment outweighed the risks
Annual Truvada revenue peaked at over $3 billion before TAF alternatives entered the market. The financial incentive to delay TAF is a central piece of the plaintiffs’ case.
Quick Fact: Gilead Sciences reported total revenues exceeding $27 billion in its most recent fiscal year, making any settlement a manageable expense for the company.
Key Takeaway: Gilead Sciences allegedly delayed a safer HIV drug for over a decade to protect billions in TDF revenue, and that decision is the foundation of every plaintiff’s claim.
How to Find a Truvada Lawsuit Lawyer
Finding the right Truvada lawsuit lawyer means looking for an attorney with specific experience in pharmaceutical mass tort litigation, not just any personal injury firm. The right lawyer can significantly affect your outcome.
Here’s what to look for:
- Mass tort experience: Choose a firm that has handled pharmaceutical product liability cases before. Ask about their track record with similar MDL cases.
- Contingency fee structure: Most Truvada lawyers charge nothing upfront. They take a percentage (usually 33% to 40%) only if you win or settle.
- Case evaluation: A good firm will review your medical records and give you an honest assessment of your claim’s strength before you commit.
- Communication: Pick a lawyer who explains things in plain language and responds to your calls within a reasonable timeframe.
Red flags to watch for:
- Firms that guarantee a specific dollar amount before reviewing your case
- Pressure to sign immediately without time to think
- Vague answers about fees or cost deductions
- No track record in pharmaceutical litigation
| Lawyer Selection Factor | What to Ask |
|---|---|
| Experience | “How many TDF cases have you handled?” |
| Fee structure | “What percentage do you take, and what costs get deducted?” |
| Case strength | “Based on my records, what tier would my case fall into?” |
| Timeline | “When do you expect resolution for cases like mine?” |
You can contact multiple firms for free consultations before choosing one. Comparing opinions and fee structures is smart, not disloyal.
How to File a Truvada Lawsuit
Filing a Truvada lawsuit starts with a free case evaluation from a qualified attorney, followed by gathering your medical records and formally filing your complaint. The process is simpler than most people expect.
Step 1: Contact an attorney. Call or submit an online inquiry to a law firm handling Truvada cases. They will ask basic questions about your drug use and health history.
Step 2: Provide medical records. Your lawyer will request records showing which TDF medication you took, how long you took it, and what injuries you developed. Key documents include prescription history, DEXA scans, GFR test results, and diagnosis records.
Step 3: Case evaluation. The attorney reviews your records and determines if you have a viable claim. Not everyone who took Truvada qualifies. You need documented injury connected to TDF use.
Step 4: File the complaint. Your lawyer drafts and files a formal legal complaint. If filed in federal court, your case will be transferred to MDL 2881 in the Northern District of California.
Step 5: Wait for case progression. Once filed, your case joins the MDL process. You don’t need to appear in court during bellwether trials. Your attorney handles everything.
| Filing Step | Your Action Required |
|---|---|
| Contact attorney | Make a phone call or submit inquiry |
| Gather records | Collect prescription and medical documents |
| Case evaluation | Provide records to attorney for review |
| File complaint | Attorney handles this; you sign paperwork |
| Case progression | Attorney manages; you stay informed |
The entire process from first call to filed complaint typically takes 2 to 6 weeks. Don’t let paperwork anxiety stop you from starting.
Truvada Lawsuit Filing Deadline
The Truvada lawsuit filing deadline depends on the statute of limitations in your state, and these deadlines vary significantly. Missing yours means losing your right to compensation permanently.
Statutes of limitations for pharmaceutical injury cases typically range from 1 to 6 years depending on the state. The clock usually starts when you discovered (or should have discovered) that your injury was caused by TDF medication.
This “discovery rule” is important. If you were diagnosed with kidney damage in 2023 but didn’t learn about the Truvada lawsuits until 2025, the clock may not have started until you had reason to connect your injury to the drug.
| State Example | Statute of Limitations | Clock Starts |
|---|---|---|
| California | 2 years | Date of discovery |
| Texas | 2 years | Date of injury or discovery |
| New York | 3 years | Date of discovery |
| Florida | 4 years | Date of discovery |
| Illinois | 2 years | Date of discovery |
These are general guidelines. Your specific deadline depends on your state’s law and the facts of your case. An attorney can calculate your exact deadline during a free consultation.
Do not assume you have plenty of time. Filing deadlines in some states have already passed for people who were injured years ago. Every day you wait is a day closer to potentially losing your right to file.
Key Takeaway: Your filing deadline depends on your state’s statute of limitations, and some deadlines may have already passed, so checking your eligibility sooner rather than later protects your rights.
Truvada Pre-Settlement Funding
Truvada pre-settlement funding is a cash advance you can receive against your expected lawsuit payout while your case is still pending. It’s designed for plaintiffs who need money now and can’t wait for the settlement to finalize.
Pre-settlement funding is not a traditional loan. You only repay it if you win or settle your case. If your case is dismissed or you lose, you typically owe nothing. This “non-recourse” structure shifts the risk to the funding company, not you.
How it works:
- You apply with a funding company and provide your case details
- The company contacts your attorney to evaluate your claim’s strength
- If approved, you receive a lump sum (usually 10% to 20% of your estimated payout)
- The funding company gets repaid from your settlement proceeds plus fees
| Funding Detail | Typical Terms |
|---|---|
| Advance amount | 10% to 20% of estimated settlement |
| Repayment | Only if you win or settle |
| Fee structure | Monthly or flat-rate interest |
| Approval time | 24 to 72 hours |
| Risk to you | None if case is lost |
Be cautious with fees. Some funding companies charge high interest rates that compound monthly. A $10,000 advance could cost you $15,000 or more by the time your case resolves. Always read the contract carefully and ask your attorney for guidance before signing.
Pre-settlement funding makes sense for people facing medical bills, rent, or other urgent expenses they can’t cover while waiting for their case to resolve. It doesn’t make sense as a way to fund discretionary spending.
Truvada Lawsuit Tax Implications
Truvada lawsuit settlement payments for physical injuries are generally not taxable under federal law, but some portions of your payout may be. Understanding the tax rules before you receive money helps you avoid surprises.
Under Section 104(a)(2) of the Internal Revenue Code, compensation received for physical injuries or physical sickness is excluded from gross income. Since Truvada lawsuits involve physical injuries (bone loss, kidney damage), the bulk of most settlements will be tax-free.
However, certain portions may be taxable:
- Punitive damages: Always taxable, even in physical injury cases
- Interest on the settlement: Taxable as ordinary income
- Emotional distress damages (not linked to physical injury): Taxable
- Lost wages component: May be taxable as income
| Settlement Component | Taxable? |
|---|---|
| Compensation for physical injury | No |
| Medical expense reimbursement | No |
| Punitive damages | Yes |
| Interest on settlement funds | Yes |
| Emotional distress (without physical injury) | Yes |
| Lost wages | Potentially yes |
Your settlement agreement’s language matters. How the payout is allocated between different damage categories can affect your tax bill. A tax professional familiar with legal settlements can help structure your allocation favorably.
Keep records of all medical expenses you incurred due to TDF-related injuries. If you previously deducted those expenses on your taxes and then receive reimbursement through the settlement, you may owe taxes on the reimbursed amount under the “tax benefit rule.”
Key Takeaway: Most of your Truvada settlement for physical injuries will be tax-free, but punitive damages, interest, and certain other components could be taxable, so plan ahead with a tax professional.
Frequently Asked Questions
How much is the Truvada lawsuit settlement per person in 2026?
Individual Truvada settlement amounts are estimated between $25,000 and $300,000+ depending on injury severity.
Plaintiffs with kidney failure or severe bone fractures are projected to receive the highest payouts.
No final settlement amounts have been officially announced as of early 2026.
Who qualifies for the Truvada lawsuit?
You qualify if you took a TDF-based HIV medication like Truvada, Atripla, Viread, Stribild, or Complera and developed bone loss or kidney damage.
Medical records documenting your injury and its connection to TDF drug use are required.
Both current and former TDF users may be eligible.
Is the Truvada class action settlement finalized?
No, the Truvada litigation is not finalized and is technically a mass tort, not a class action.
Bellwether trials are ongoing in MDL 2881, and settlement negotiations are in progress.
A global settlement could potentially be announced in late 2026 or early 2027.
What is the deadline to file a Truvada lawsuit?
Filing deadlines vary by state, ranging from 1 to 6 years from the date you discovered your injury was linked to TDF.
Some state deadlines may have already passed for people injured years ago.
Contact an attorney immediately to determine your specific deadline.
Are Truvada lawsuit settlement payments taxable?
Settlement payments for physical injuries like bone loss and kidney damage are generally tax-free under federal law.
Punitive damages, interest, and emotional distress awards not tied to physical injury are taxable.
Consult a tax professional to structure your settlement allocation properly.
The Truvada lawsuit in 2026 represents a real opportunity for people harmed by TDF medications to receive meaningful compensation. The case has reached a stage where outcomes are becoming clearer and settlement talks are progressing.
If you took Truvada or another TDF drug and suffered bone or kidney problems, don’t sit on the sideline. Check your eligibility, gather your medical records, and talk to a qualified attorney before any filing deadline closes your window.
Your health problems weren’t your fault. Getting compensated shouldn’t be left to chance either.
