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

1 ("NICHD"). These three federal agencies are departments within
2 the National Institutes of Health ("NIH").
3 13. Throughout--.he entire two years the study was being
4 developed, Abbott promised that it would provide the HIVIG drug
5 for the study. Everything Abbott did and said led Plaintiffs to
6 believe Abbott would carry out this promise. However, just prior
7 to the execution of the study, Abbott withdrew from the study.
8 Without prior warning, Abbott insisted on full indemnification by
9 the federal government, an indemnification Abbott knew the
10 federal government is not authorized to give without a
11 Congressional mandate.
12 14. Without Abbott's participation, the study may never
13 take place. The HIVIG drug cannot be replaced in time for the
14 study to go forward as planned. No other company produces a drug
15 similar to HIVIG that has the approval of the FDA so that it can
16 be used in studies on human subjects.
17 15. The loss of the study is irreparable. The team
18 members have lost two years of their lives that could have been
19 spent developing other studies. Most importantly, hundreds of
20 newborns have lost the chance of being born without HIV.
21 Further, the knowledge gained from the study which could have
22 helped develop a vaccine that prevents and arrests HIV is lost.
23 16. Abbott's course of conduct created a binding, legal
24 obligation by Abbott to Plaintiffs to provide the HIVIG drug for
25 the study. Abbott failed to meet its obligation. In the
26 alternative, Abbott is estopped from refusing to provide the
27 HIVIG drug for the study because Plaintiffs changed their
28 position in detrimental reliance on Abbott's representations.