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

1 the Protocol and foregoing opportunities to seek or encourage
2 development of alternative sources of HIVIG because of Abbott's
3 repeated assurances of its commitment to the Protocol.
4 52. Abbott has not performed any part of the promises,
5 assurances and/or representations described above.
6 53. As a direct and proximate result of Abbott's breach
7 of the implied contract, Plaintiffs suffered an unconscionable
8 injury in expending approximately two years of effort in
9 developing and arranging for the execution of the Protocol.
10 Injustice can be avoided only by enforcement of the contract
11 implied in fact. Further, Plaintiffs suffered injury not
12 adequately compensable by legal damages.
13 54. Plaintiffs therefore seek a judgment ordering
14 Abbott specifically to perform its obligations under the
15 contract, namely, to provide HIVIG to the NIH as needed for the
16 execution of the Protocol. To the extent, if at all, damages are
17 adequate, Plaintiffs suffered damages in an amount as yet
18 uncertain but to be proved at trial or some later proceeding.
19 Further, Plaintiffs seek other relief as the Court may deem just
20 and proper.
21
22 THIRD CLAIM
23 (Breach of Contract -- Failure to Act
24 in Good Faith and Deal Fairly)
25 55. Plaintiffs hereby incorporate each and every
26 allegation set forth above in paragraphs I through 34 as though

27 set forth herein in full.
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