Contingencies |
Note 5 Contingencies
The Company is named as a defendant in five purported class action suits brought on behalf of direct purchasers of the Companys products, such as distributors, alleging that the Company violated federal antitrust laws, resulting in the charging of higher prices for the Companys products to the plaintiff and other purported class members. The cases filed are as follows: Louisiana Wholesale Drug Company, Inc., et. al. vs. Becton Dickinson and Company (Civil Action No. 05-1602, U.S. District Court, Newark, New Jersey), filed on March25, 2005; SAJ Distributors, Inc. et. al. vs. Becton Dickinson Co. (Case 2:05-CV-04763-JD, U.S. District Court, Eastern District of Pennsylvania), filed on September6, 2005; Dik Drug Company, et. al. vs. Becton, Dickinson and Company (Case No.2:05-CV-04465, U.S. District Court, Newark, New Jersey), filed on September12, 2005; American Sales Company, Inc. et. al. vs. Becton, Dickinson Co. (Case No.2:05-CV-05212-CRM, U.S. District Court, Eastern District of Pennsylvania), filed on October3, 2005; and Park Surgical Co. Inc. et. al. vs. Becton, Dickinson and Company (Case 2:05-CV-05678- CMR, U.S. District Court, Eastern District of Pennsylvania), filed on October26, 2005. These actions have been consolidated under the caption In re Hypodermic Products Antitrust Litigation. The Company is also named as a defendant in four purported class action suits brought on behalf of indirect purchasers of the Companys products, alleging that the Company violated federal and state antitrust laws, resulting in the charging of higher prices for the Companys products to the plaintiff and other purported class members. The cases filed are as follows: Jabos Pharmacy, Inc., et. al. v. Becton Dickinson Company (Case No.2:05-CV-00162, U.S. District Court, Greenville, Tennessee), filed on June7, 2005; Drug Mart Tallman, Inc., et. al. v. Becton Dickinson and Company (Case No.2:06-CV-00174, U.S. District Court, Newark, New Jersey), filed on January17, 2006; Medstar v. Becton Dickinson (Case No.06-CV-03258-JLL (RJH), U.S. District Court, Newark, New Jersey), filed on May18, 2006; and The Hebrew Home for the Aged at Riverdale v. Becton Dickinson and Company (Case No.07-CV-2544, U.S. District Court, Southern District of New York), filed on March28, 2007. A fifth purported class action on behalf of indirect purchasers International Multiple Sclerosis Management Practice v. Becton Dickinson Company (Case No.2:07-cv-10602, U.S. District Court, Newark, New Jersey), filed on April5, 2007 was voluntarily withdrawn by the plaintiff. The plaintiffs in each of the antitrust class action lawsuits seek monetary damages. All of the antitrust class action lawsuits have been consolidated for pre-trial purposes in a Multi-District Litigation (MDL)in Federal court in New Jersey.
On April27, 2009, the Company entered into a settlement agreement with the direct purchaser plaintiffs in these actions. Under the terms of the settlement agreement, which is subject to preliminary and final approval by the court following notice to potential class members, the Company will pay $45,000 into a settlement fund in exchange for a release by |