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

1 FIFTH CLAIM
2 (Promissory Estoppel)
3 67. Plaintiffs hereby iz.corporate each and every
4 allegation set forth above in paragraphs 1 through 34 as though
5 set forth herein in full.
6 68. Abbott made promises, assurances and/or
7 representations to Plaintiffs, including, but not limited to, a
8 clear and unambiguous promise to provide HIVIG as needed for the
9 execution of the Protocol. In making such promises, Abbott knew
10 or should have known that Plaintiffs would be reasonably induced
11 to rely on such promises, assurances and/or representations by,
12 among other things, researching and developing the Protocol,
13 hiring a research agency to investigate and establish sites for
14 the execution of the Protocol, hiring a drug repository to
15 distribute the HIVIG during the execution of the Protocol, hiring
16 extra personnel for the execution of the Protocol, foregoing the
17 pursuit of alternative sources of HIVIG and foregoing
18 opportunities to research and develop other studies.
19 69. Plaintiffs reasonably relied on the promises,
20 assurances and/or representations described above and were
21 thereby induced to perform the work required for the development
22 and execution of the Protocol. Plaintiffs' reliance on these
23 promises, assurances and/or representations was justified because
24 Abbott repeatedly assured their participation in the Protocol for
25 two years and actively participated in the development of the
26 Protocol.

27 70. Abbott has not performed any part of its promises,
28 assurances and/or representations described above.

II

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