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Generally,
these remaining actions allege that health care workers have sustained
needle sticks using hollow-bore needle devices manufactured by us
and, as a result, require medical testing, counseling and/or treatment.
Several actions additionally allege that the health care workers
have sustained mental anguish. Plaintiffs seek money damages in
all remaining actions.
In
June 1999, a class certification hearing was held in the matter
of Usrey
vs.
Becton
Dickinson
et
al.
which first was filed in Texas state court on April 9, 1998, under
the caption Calvin
vs.
Becton
Dickinson
et
al.
The Court has advised the parties by letter received on October
27, 1999, that it believes that it is appropriate to address the
issues in the case by way of a class action under Texas procedural
law. The Court has scheduled a meeting with the parties’ counsel
in mid-December to discuss the wording of an appropriate order.
We
continue to oppose class action certification in these cases and
will continue vigorously to defend these lawsuits, including pursuing
all appropriate rights of appeal.
We,
along with another manufacturer, a group purchasing organization
(“GPO”) and three hospitals, have been named as a defendant in an
antitrust action brought pursuant to the Texas Free Enterprise Act
(“TFEA”). The action is pending in state court in Texas, under the
caption Retractable
Technologies
Inc.
vs.
Becton
Dickinson
and
Company
et
al.
(Case No. 5333*JG98, Brazoria County District Court), filed on August
4, 1998. Plaintiff, a manufacturer of retractable syringes, alleges
that our contracts with GPOs exclude plaintiff from the market in
syringes and blood collection products, in violation of the TFEA.
Plaintiff also alleges that we have conspired with other manufacturers
to maintain our market share in these products. Plaintiff seeks
money damages. The pending action is in preliminary stages. We intend
to mount a vigorous defense in this action.
We
are also involved in other legal proceedings and claims which arise
in the ordinary course of business, both as a plaintiff and a defendant.
In
our opinion, the results of the above matters, individually and
in the aggregate, are not expected to have a material effect on
our results of operations, financial condition or cash flows.
We
believe that our operations comply in all material respects with
applicable laws and regulations. We are a party to a number of Federal
proceedings in the United States brought under the Comprehensive
Environment Response, Compensation and Liability Act, also known
as “Superfund,” and similar state laws. For all sites, there are
other potentially responsible parties that may be jointly or severally
liable to pay all cleanup costs.
We accrue costs for an estimated environmental liability based upon
our best estimate within the range of probable losses, without considering
possible third-party recoveries. We believe that any reasonably
possible losses in excess of accruals would not have a material
effect on our results of operations, financial condition, or cash
flows.
In
April 1998, the American Institute of Certified Public Accountants
issued Statement of Position 98-5 “Reporting on the Costs of Start-Up
Activities.” We are required to adopt the provisions of this Statement
no later than its fiscal year 2000. This Statement provides guidance
on the financial reporting of start-up and organization costs and
requires such costs, as defined, to be expensed as incurred. Adoption
of this Statement is not expected to have a material impact on our
results of operations or financial condition.
In
June 1998, the FASB issued SFAS No. 133, “Accounting for Derivative
Instruments and Hedging Activities.” We are required to adopt the
provisions of this Statement no later than the beginning of its
fiscal year 2001. This Statement requires that all derivatives be
recorded in the balance sheet as either an asset or liability measured
at fair value and that changes in fair value be recognized currently
in earnings unless specific hedge accounting criteria are met. We
are in the process of evaluating this Statement and have not yet
determined the future impact on our consolidated financial statements.
Worldwide
revenues for 1998 rose 11%, to $3.1 billion. Excluding the estimated
impact of unfavorable foreign currency translation, worldwide revenues
grew 14% with acquisitions contributing 7%. Underlying revenue growth,
which excludes the effects of foreign currency translation and acquisitions
in 1998 and 1997, resulted primarily from volume increases and an
improved product mix in all segments. Medical revenues for 1998
were $1.7 billion, an increase of 14% over 1997. Underlying revenue
growth in the Medical segment was led by strong sales of infusion
therapy and hypodermic products and increased sales of prefillable
syringes to pharmaceutical companies. Biosciences revenues for 1998
of $924 million represented an increase of 8% over 1997. Underlying
revenue growth in the Biosciences segment was led by strong sales
of FACS brand flow cytometry systems. Preanalytical revenues for
1998 were $478 million, an increase of 7%, primarily due to continued
strong sales of sample collection devices fueled by the conversion
of the market to advanced protection devices.
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