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The
estimated costs of our plan and our belief that we have completed
each of the phases of the plan are based upon management’s best
estimates, which rely upon numerous assumptions regarding future
events, including the continued availability of certain resources,
third-party remediation plans and other factors. These estimates,
however, may prove not to be accurate, and actual results could
differ materially from those anticipated. Factors that could result
in material differences include, without limitation, the availability
and cost of personnel with the requisite training and experience;
the ability to appropriately identify, assess, remediate and test
all devices, all relevant computer codes and embedded technology;
and similar uncertainties. In addition, Year 2000-related issues
may lead to possible third-party claims, the impact of which we
cannot yet estimate. We cannot assure you that the aggregate cost
of defending and resolving such claims, if any, would not have a
material adverse effect on us.
On
January 1, 1999, eleven member countries of the European Union began
the transition to the euro as a common currency. Prior to the full
implementation of the new currency on January 1, 2002, there is
a transition period during which parties may use either their national
currencies or the euro. We have completed the necessary system modifications
to accommodate euro-denominated transactions with suppliers and
customers. We are continuing to convert historical information from
the respective national currencies to the euro. We believe that
the creation of the euro will not significantly change our foreign
exchange market risk. The adoption of a common European currency
may result in changes to competitive practices, product pricing
and marketing strategies. Although we are unable to quantify these
effects, if any, management currently does not anticipate that the
euro conversion will have a material adverse impact on our results
of operations, financial condition or cash flows.
We
believe that the fundamentally non-cyclical nature of our core products,
our international diversification and our ability to meet the needs
of the worldwide health care industry for cost-effective and innovative
products will continue to cushion the long-term impact on us of
economic and political dislocations in the countries in which we
do business, including the effects of possible health care system
reforms. In 1999, inflation did not have a material impact on our
overall operations.
We,
along with a number of other manufacturers, have been named as a
defendant in approximately 300 product liability lawsuits related
to natural rubber latex that have been filed in various state and
Federal courts. Cases pending in Federal court are being coordinated
under the matter In
re
Latex
Gloves
Products
Liability
Litigation
(MDL Docket No. 1148) in Philadelphia, and analogous procedures
have been implemented in the state courts of California, Pennsylvania,
New Jersey and New York. Generally, these actions allege that medical
personnel have suffered allergic reactions ranging from skin irritation
to anaphylaxis as a result of exposure to medical gloves containing
natural rubber latex. In 1986, we acquired a business which manufactured,
among other things, latex surgical gloves. In 1995, we divested
this glove business. We are vigorously defending these lawsuits.
We,
along with another manufacturer and several medical product distributors,
have been named as a defendant in eleven product liability lawsuits
relating to health care work-ers who allegedly sustained accidental
needle sticks, but have not become infected with any disease. The
case brought in California under the caption Chavez
vs.
Becton
Dickinson
(Case No. 722978, San Diego County Superior Court), filed on
August 4, 1998 was dismissed in a judgment filed March 19, 1999
which has been appealed by plaintiffs. The case brought in Florida
under the caption Delgado
vs.
Becton
Dickinson
et
al.
(Case No. 98-5608, Hillsborough County Circuit Court), filed on
July 24, 1998 was voluntarily withdrawn by the plaintiffs on March
8, 1999. Cases have been filed on behalf of an unspecified number
of health care workers in nine other states, seeking class action
certification under the laws of these states. To date, no class
has been certified in any of these cases. The nine remaining actions
are pending in state court in Texas, under the caption Usrey
vs.
Becton
Dickinson
et
al.
(Case No. 342-173329-98, Tarrant County District Court), filed on
April 9, 1998; in Federal court in Ohio, under the caption
Grant
vs.
Becton
Dickinson
et
al.
(Case No. C2 98-844, Southern District of Ohio), filed on July 22,
1998; in state court in Illinois, under the caption McCaster
vs.
Becton
Dickinson
et
al.
(Case No. 98L09478, Cook County Circuit Court), filed on August
13, 1998; in state court in Oklahoma, under the caption
Palmer
vs.
Becton
Dickinson
et
al.
(Case No. CJ-98-685, Sequoyah County District Court), filed on October
27, 1998; in state court in Alabama, under the caption Daniels
vs.
Becton
Dickinson
et
al.
(Case No. CV 1998 2757, Montgomery County Circuit Court), filed
on October 30, 1998; in state court in South Carolina, under the
caption Bales
vs.
Becton
Dickinson
et
al.
(Case No. 98-CP-40-4343, Richland County Court of Common Pleas),
filed on November 25, 1998; in state court in Pennsylvania, under
the caption Brown
vs.
Becton
Dickinson
et
al.
(Case No. 03474, Philadelphia County Court of Common Pleas), filed
on November 27, 1998; in state court in New Jersey, under the caption
Pollak,
Swartley
vs.
Becton
Dickinson
et
al.
(Case No. L-9449-98, Camden County Superior Court), filed on December
7, 1998; and in state court in New York, under the caption
Benner
vs.
Becton
Dickinson
et
al.
(Case No. 99-111372, Supreme Court of the State of New York), filed
on June 1, 1999.
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