Will Wyeth have enough money to pay for diet-pill lawsuits?
That is the provocative question being raised in light of an unexpected
verdict last week in Texas, where a jury awarded a woman nearly $1.4 million.
The amount, which was much higher than anyone expected, unsettled Wall
Street analysts and investors already concerned about the future of the
company. Shares of Wyeth are down 4 percent since the verdict.
"Nobody really knows the true number of people who have serious claims,"
said Girish Tyagi, an analyst at Thomas Weisel Partners.
Another analyst, Richard Evans at Sanford C. Bernstein, agreed. "While the
probability may be low, the Texas jury award illustrates that fen-phen
settlements could threaten solvency," he wrote in a research note to
investors.
For the past few years, investors have listened to executives at the
Madison-based drug maker insist they have their arms around the diet-pill
problem, even as reserves were regularly boosted. A total of $16.6 billion has
been set aside.
Now, though, analysts are scrambling to calculate how much money may be
required to resolve thousands of outstanding lawsuits and other claims. The
litigation began after the 1997 recall of Pondimin, which was half of the
fen-phen diet cocktail, and Redux, a related drug.
A Wyeth spokesman, Lowell Weiner, argued this week each case is different,
making it difficult to make predictions. Not every diet-pill user who files a
lawsuit or has agreed to settle a claim will be shown to have serious
heart-valve damage, he said.
"This will all take a while to play out," Weiner said, adding that Wyeth is
appealing the Texas award. "But we're going to fight hard."
No one knows, though, just how big a pot of money will Wyeth need.
The math is complex, because the litigation is complicated. There are 78,000
claims filed by people ready to file a lawsuit against Wyeth, and there are
another 73,000 claims filed by people who have agreed to accept a piece of a
separate settlement fund.
After extrapolating numbers, Evans raised the possibility Wyeth could face
$11 billion to $12 billion in "incremental" liability. Wyeth has only $3.6
billion remaining of its $16.6 billion in reserves, he said. About $2.75
billion is left in the settlement fund.
Of course, not every lawsuit will yield a $1.4 million award and Wyeth will
appeal many verdicts. Nor will payments be made to each diet-pill user who
agreed to settle. The fund is challenging thousands of claims and filed
lawsuits against two doctors who reviewed many of them.
"Wyeth's potential liability spans a huge range," Evans said.
Tyagi, the analyst at Thomas Weisel, pointed out Wyeth has several
big-selling medicines. Collectively, these are forecast to help the company
generate about $5 billion in cash flow over each of the next two years. In
other words, he said, Wyeth's underlying operations are strong.
"But obviously, the situation is risky and uncertain at this moment," he
said. "What we just saw (in Texas) isn't good news. And there's a good
likelihood that other patients will later suffer side effects. So this will
all continue for a while."
11/14/03