10. Contingencies and Litigation Charges
The Company is involved in various legal proceedings, including product liability
and environmental matters of a nature considered normal to its business
(see Note 5 for a discussion of environmental
matters). It is the Company's policy to accrue for amounts related to
these legal matters if it is probable that a liability has been incurred
and an amount is reasonably estimable.
The Company has been named as a defendant in numerous legal
actions relating to the diet drugs Redux or Pondimin, which the
Company estimated were used in the United States, prior to their
1997 voluntary market withdrawal, by approximately 5.8 million people.
These actions allege, among other things, that the use of Redux
and/or Pondimin, independently or in combination with the prescription
drug phentermine (which the Company did not manufacture,
distribute or market), caused certain serious conditions, including
valvular heart disease.
On October 7, 1999, the Company announced a nationwide, class
action settlement (or the settlement) to resolve litigation brought
against the Company regarding the use of the diet drugs Redux or
Pondimin. The settlement covers all claims arising out of the use of
Redux or Pondimin, except for claims of primary pulmonary hypertension
(PPH), and is open to all Redux or Pondimin users in the
United States, regardless of whether they have lawsuits pending.
The settlement agreement is subject to judicial approval. Preliminary
approval was granted on November 23, 1999. The settlement agreement
states that it shall not be construed to be an admission or evidence
of any liability or wrongdoing whatsoever by the Company or
the truth of any of the claims alleged.
Of the estimated 5.8 million diet drug users, approximately
260,000 individuals have registered for the settlement to date. A
majority of those who registered have elected the settlement's Accelerated
Implementation Option, which provides for prompt benefits
and resolves the claims of those class members. An amendment to
the settlement agreement, dated July 20, 2000, related to the timing
of payments by the Company into the proposed settlement funds,
administration of the settlement trust and opt out credits available to
the Company. On August 28, 2000, Senior District Judge Louis C.
Bechtle of the United States District Court for the Eastern District
of Pennsylvania approved the settlement, which approval has been
appealed to the United States Court of Appeals for the Third Circuit.
A decision on that appeal is not expected until later in 2001.
Payments by the Company related to the settlement are made
into settlement Funds A and B (the settlement funds). Fund A is
intended to cover refunds, medical screening costs, additional medical
services and cash payments, education and research costs, and administration
costs. Fund B will compensate claimants with significant
heart valve disease. Payments to provide settlement benefits, if
needed, may continue for approximately 16 years after final judicial
approval. Payments to the settlement funds in 2000 and 1999 were
$383,000,000 and $75,000,000, respectively. The settlement provides
opportunities during three different time periods for claimants to opt
out of the settlement. Under certain circumstances, the Company will
receive credits for future settlement payments to claimants who opt
out of the settlement.
Approximately 50,000 diet drug users exercised the initial opt out
right afforded by the nationwide, class action settlement and, therefore,
are not part of the settlement. As of January 2001, the Company
had agreed to settle the claims of approximately 80%, or 40,000 of
these individuals. The claims of approximately 10,000 opt outs
remain unresolved.
In the 2000 fourth quarter, the Company recorded a
$7,500,000,000 ($5,375,000,000 after-tax or $4.11 per share-diluted)
litigation charge for the estimated final amount required to resolve
all diet drug litigation, including all anticipated payments in connection
with the nationwide, class action settlement, payments to the
approximately 40,000 opt out claimants with whom the Company
has agreed to settle, and all anticipated payments to resolve the
claims of the remaining approximately 10,000 opt outs and any
PPH claimants, as well as all legal fees and other costs. The
Company recorded the initial litigation charge of $4,750,000,000
($3,287,500,000 after-tax or $2.51 per share-diluted), net of insurance,
related to the diet drug matters in the 1999 third quarter. At
December 31, 2000, $8,165,574,000 of the total litigation accrual
remained; $5,900,000,000 and $2,265,574,000 were included in
Accrued expenses and Other noncurrent liabilities, respectively. At
December 31, 1999, $4,632,419,000 of the initial litigation accrual
remained; $1,400,000,000 and $3,232,419,000 were included in
Accrued expenses and Other noncurrent liabilities, respectively. The
amount of the reserve is based upon, among other things, the
assumption that the settlement will receive final judicial approval.
Payments to the nationwide, class action settlement funds, individual
settlement payments, legal fees and other items were $3,966,845,000
and $117,581,000 in 2000 and 1999, respectively.
The Company is a defendant in cases that have been consolidated
in federal district court in Illinois as Brand Name Prescription Drugs
Antitrust Litigation (MDL 997) relating to claims made by certain
retail pharmacies against the Company and other pharmaceutical
manufacturers. The Company and other pharmaceutical manufacturers
also are defendants in similar litigation brought on behalf of consumers
and in some cases on behalf of pharmacies in various state
courts. The Company has settled the class action case in MDL 997
and certain other cases but remains as a defendant in other cases. The
Company believes it has complied with the antitrust laws and other
applicable laws and has settled these cases in order to avoid the costs
and risks of litigation. The settlement agreements are not admissions
of any violation of law.
The Company is self-insured against ordinary product liability
risks and has liability coverage, in excess of certain limits and subject
to certain policy ceilings, from various insurance carriers.
In the opinion of the Company, although the outcome of any legal
proceedings cannot be predicted with certainty, the ultimate liability
of the Company in connection with its legal proceedings will not
have a material adverse effect on the Company's financial position
but could be material to the results of operations and cash flows in
any one accounting period.
The Company leases certain property and equipment for varying
periods under operating leases. Future minimum rental payments
under non-cancelable operating leases from continuing operations
with terms in excess of one year in effect at December 31, 2000 are
as follows:
(In thousands) |
|
2001 |
$115,161 |
2002 |
111,323 |
2003 |
107,045 |
2004 |
101,347 |
2005 |
100,462 |
Thereafter |
99,294 |
|
|
Total rental commitments |
$634,632 |
|
|
Rental expense from continuing operations for all operating leases
was $128,232,000, $135,144,000 and $118,558,000 in 2000, 1999 and
1998, respectively.
|