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Dahl (P) and 17 others suffer from chronic fatigue syndrome. They enrolled in an experimental program to test a new medicine called Ampligen made by Hem (D). It was a double-blind experiment designed to meet the FDA requirements. All the patients signed a consent form concerning possible side effects. The volunteers were also free to withdraw at any time. D promised a full year supply of the drug to any patient who completed the experiment even if they received the placebo. After the experiment, the FDA determined that the drug was not safe for widespread use, but clinical testing could continue. D refused to supply the patients with the full year’s supply of the drug. P sought a mandatory injunction to ascertain the continuation of Ampligen. D argued that there was no such contract.

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