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

1 42. Abbott has not performed any part of the promises,
2 assurances and/or representations described above.
3 43. As a-Jirect and proximate result of Abbott's breach
4 of the oral contract, Plaintiffs suffered an unconscionable
5 injury in expending approximately two years of effort in
6 developing and arranging for the execution of the Protocol.
7 Injustice can be'avoided only by enforcement of the oral
8 contract. Further, Plaintiffs suffered injury not adequately
9 compensable by legal damages.
10 44. Plaintiffs therefore seek a judgment ordering
11 Abbott specifically to perform its obligations under the
12 contract, namely, to provide HIVIG to the NIH as needed for the
13 execution of the Protocol. To the extent, if at all, damages are
14 adequate, Plaintiffs suffered damages in an amount as yet
15 uncertain but to be proved at trial or some later proceeding.
16 Further, Plaintiffs seek other relief as the Court may deem just
17 and proper.
18
19 SECOND CLAIM
20 (Breach of Contract Implied in Fact)
21 45. Plaintiffs hereby incorporate each and every
22 allegation set forth above in paragraphs I through 34 as though
23 set forth herein in full.
24 46. Abbott participated and indicated its approval in
25 discussions with Plaintiffs which led to the development of the

26 Protocol, the designation of Abbott as the pharmaceutical
27 investigator of the Protocol, and the designation of the HIVIG to
28 be used in the Protocol as the "Abbott HIVIG." Abbott

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