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Published on 9/9/2005 in the Prospect News Biotech Daily.

S&P: Eli Lilly unaffected

Standard & Poor's said that there is no impact on the rating of Eli Lilly & Co. (AA/stable/A-1+) due to the disclosure in an 8-K filed Sept. 8 that there is an additional lawsuit regarding the company's improper labeling on Zyprexa.

The new lawsuit, filed Aug. 25, purports to be a class action on behalf of all consumers and third-party payors that have paid for Zyprexa, and is the fourth Zyprexa-related lawsuit against the company purporting to be class action.

In the second quarter, Lilly took a Zyprexa litigation-related charge of $1.1 billion, which included $700 million to settle 8,000 individual claims, or roughly 80% of the outstanding claims against the company.

S&P said it believes that the Zyprexa litigation will be an ongoing uncertainty, but, based on the recent $700 million settlement, should not result in a cash outflow that would drastically change the credit profile of the company within the foreseeable future. Meanwhile, Lilly has several relatively new drugs that are expected to meaningfully diversify revenues.


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