Plaintiffs v. Abbott Laboratories, an Illinois Corporation, Defendant.

I

I

1 are informed and believe and on that basis allege that no new
2 risks associated with HIVIG have been discovered since the time
3 Abbott first agreed to be the pharmaceutical sponsor of the
4 Protocol in or about January 1990.
5 34. The Protocol was suspended on or about June 1992.
6 Plaintiffs are informed and believe and on that basis allege that
7 the substitution of another drug company to replace Abbott could
8 take years and may never happen because another company's HIVIG
9 would have to be tested and gain FDA approval. Further, the
10 Protocol would have to be revised to reflect the chemistry of the
11 new HIVIG and approved by all the Protocol team members before
12 the study could go forward.
13
14 FIRST CLAIM
15 (Breach of Oral Contract)
16 35. Plaintiffs hereby incorporate each and every
17 allegation set forth above in paragraphs 1 through 34 as though
18 set forth herein in full.
19 36. Plaintiffs and Abbott entered into an oral
20 agreement as follows: (1) Dr. Stiehm, Dr. McIntosh, Dr. Lambert,
21 Dr. Shearer and Dr. Wara, with support from colleagues, agreed to
22 develop, coordinate and execute the Protocol; (2) the NIH agreed,
23 among other things, to supervise the development and execution of
24 the Protocol including, but not limited to, the purchase of the
25 Abbott HIVIG drug and the retention of an investigatory new drug
26 permit; and (3) Abbott agreed to provide HIVIG as required for
27 the execution and completion of the Protocol.
28

i

10