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

1 56. The contract between Plaintiffs and Abbott had
2 implied in it a covenant that Abbott would deal with Plaintiffs
3 in good faith, that Abbott would not do anything to prevent
4 Plaintiffs from obtaining the benefits of the contract, and that
5 Abbott would do those things necessary to ensure that Plaintiffs
6 would be able to obtain these benefits.
7 57. Abbott was not acting in good.faith when it
8 insisted upon full indemnification from Plaintiffs, as Plaintiffs
9 are informed and believe and on that basis allege that Abbott was
10 aware of the risks associated with the use of HIVIG at the time
11 it entered into the contract with Plaintiffs. Further,
12 Plaintiffs are informed and believe and on that basis allege that
13 no new risks associated with the use of HIVIG had been discovered
14 after Abbott entered into the contract with Plaintiffs to provide
15 HIVIG for the Protocol.
16 58. By failing properly to raise the indemnification
17 issue at the beginning of the contract's formation, failing to
18 inform Plaintiffs that Abbott would not perform its obligations
19 under the contract without full indemnification from the NIH, and
20 failing to perform its obligations under the contract, Abbott
21 breached its duty of good faith and fair dealing.
22 59. The aforementioned acts of Abbott were willful in
23 that Abbott knew it had entered into a contract with Plaintiffs,
24 knew it had intentionally breached that contract and thereafter
25 engaged in a stalling tactic to prevent Plaintiffs' rightful

26 enforcement of the contract.
27 60. As a direct and proximate result of Abbott's breach 1
28 of the covenant of good faith and fair dealing, Plaintiffs

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