ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, April 7, 2005

Illinois says it's frustrated

There’s a classic "changed circumstances" case brewing in the Land of Lincoln, where the British wholesaler who sold the state 255,000 doses of flu vaccine is suing on the contract.

The state has never taken possession of the doses, though, because the FDA didn't authorize their importation.  And flu season is pretty much over now.  The wholesaler, Ecosse Hospital Products Ltd., is seeking $2.6 million in the Illinois Court of Claims. The issue will be whether failure to get FDA approval for the imports would be an "'unforeseeable circumstances beyond [the state’s] reasonable control, including . . . governmental regulation."

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