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

1 and approved each revision of the Protocol. For example, Abbott
2 approved the designation of the HIVIG to be used in the study as
3 the "Abbott HIVIG"1 in the Protocol. Further, Abbott agreed to
4 perform the pharmacokinetics analysis once the HIVIG was
5 administered to the participating women.
6 64. The aforementioned acts of Abbott were willful in
7 that-Abbott knew it had entered into a contract with Plaintiffs,
8 knew it had intentionally breached that contract and thereafter
9 engaged in a stalling tactic to prevent Plaintiffs' rightful
10 enforcement of the contract.
11 65. As a direct and proximate result of Abbott's bad
12 faith denial of the existence of the contract, Plaintiffs
13 suffered an unconscionable injury in expending approximately two
14 years of effort in developing and arranging for the execution of
15 the Protocol. Injustice can be avoided only by enforcement of
16 the contract. Further, Plaintiffs suffered injury not adequately
17 compensable by legal damages.
18 66. Plaintiffs therefore seek a judgment ordering
19 Abbott specifically to perform its obligations under the
20 contract, namely, to provide HIVIG to the NIH as needed for the
21 execution of the Protocol. To the extent, if at all, damages are
2? adequate, Plaintiffs suffered damages in an amount as yet
23 uncertain but to be proved at trial or some later proceeding.
24 Further, Plaintiffs seek other relief as the Court may deem just
25 and proper.
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