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

I of the Protocol. Dr. Shearer sacrificed, at great cost to his
2 career, opportunities to research and develop other studies.
3 30. From the time of Dr. Wara's initial participation
4 in the study Protocol to the present, Dr. Wara devoted her time
5 to researching and coordinating the development of the Protocol.
6 Dr. Wara sacrificed, at great cost to her career, opportunities
7 to research and develop other-studies.
8 31. After the Protocol was finalized, Abbott engaged in
9 a series of delay tactics to prevent the Protocol from going
10 forward including, but not limited to, Abbott's insistence of
11 resolution of cost and price data waiver, patent rights,
12 indemnification warranty, and informed consent issues. However,
13 Abbott represented to Plaintiffs that each of these issues had
14 been resolved.
15 32. Immediately before the study was to begin, Abbott
16 insisted it receive full indemnification from the NIH before it
17 would provide the HIVIG as promised. When the NIH explained that
18 it could not grant full indemnification without a Congressional
19 mandate, Abbott withdrew its participation in the Protocol on or
20 about June 1992.
21 33. The main potential risk associated with HIVIG is
22 the enhancement of the disease in those infected with HIV and the
23 potential enhancement of transmission of the virus from mother to
24 fetus. Plaintiffs are informed and believe and on that basis
25 allege that Abbott was aware of any enhancement risk before
26 Dr. Allain's initial talks with Dr. Stiehm. However, Abbott did
27 not raise the indemnification issue until after the development

28 of the study had been Virtually completed. Further, Plaintiffs
9