2012 Annual Report  Reglan Hormone Replacement Therapy  Byetta  and  Bydureon BMS-986094  ENVIRONMENTAL PROCEEDINGS  CERCLA Matters  69  With respect to CERCLA matters for which the Company is responsible under various state, federal and foreign laws, the Company  typically estimates potential costs based on information obtained from the U.S. Environmental Protection Agency, or counterpart state  or foreign agency and/or studies prepared by independent consultants, including the total estimated costs for the site and the expected  cost-sharing, if any, with other “potentially responsible parties,” and the Company accrues liabilities when they are probable and  reasonably estimable. The Company estimated its share of future costs for these sites to be $72 million at December 31, 2012, which  represents the sum of best estimates or, where no best estimate can reasonably be made, estimates of the minimal probable amount  among a range of such costs (without taking into account any potential recoveries from other parties).  As previously reported, the Company is a party to several environmental proceedings and other matters, and is responsible under  various state, federal and foreign laws, including the Comprehensive Environmental Response, Compensation and Liability Act  (CERCLA), for certain costs of investigating and/or remediating contamination resulting from past industrial activity at the  Company’s current or former sites or at waste disposal or reprocessing facilities operated by third-parties.  In August 2012, the Company announced that it had discontinued development of BMS-986094, an investigational compound which  was being tested in clinical trials to treat the hepatitis C virus infection due to the emergence of a serious safety issue. To date, five  lawsuits have been filed against the Company in Texas State Court by plaintiffs, which have been removed to Federal Court, alleging  that they participated in the Phase II study of BMS-986094 and suffered injuries as a result thereof. We have an agreement in  principle to resolve four of the five filed claims and the vast majority of claims that have surfaced to date in this matter. In total,  slightly fewer than 300 patients were administered the compound at various doses and durations as part of the clinical trials. The  resolution of the remaining lawsuit and any other potential future lawsuits is not expected to have a material impact on the Company.  Amylin, now a wholly-owned subsidiary of the Company (see Note 4 “Acquisitions”), and Lilly are co-defendants in product liability  litigation related to  Byetta  and  Bydureon . As of February 2013, there were approximately 120 separate lawsuits pending on behalf of  approximately 575 plaintiffs in various courts in the U.S. The vast majority of these cases have been brought by individuals who  allege personal injury sustained after using  Byetta , primarily pancreatitis, and, in some cases, claiming alleged wrongful death. Of  these, the Company has agreed in principle to resolve the claims of over 300 plaintiffs. The majority of cases are pending in  California state court, where the Judicial Council has granted Amylin’s petition for a “coordinated proceeding” for all California state  court cases alleging harm from the alleged use of  Byetta . Amylin and Lilly are currently scheduled for trial in one single-plaintiff case  in the second quarter of 2013. We cannot reasonably predict the outcome of any lawsuit, claim or proceeding. However, given that  Amylin has product liability insurance coverage for existing claims and future related claims involving  Byetta , it is expected the  amount of damages, if any, will not be material to the Company.  The Company is one of a number of defendants in a mass-tort litigation in which plaintiffs allege, among other things, that various  hormone therapy products, including hormone therapy products formerly manufactured by the Company ( Estrace , Estradiol,  Delestrogen  and  Ovcon ) cause breast cancer, stroke, blood clots, cardiac and other injuries in women, that the defendants were aware  of these risks and failed to warn consumers. The Company has agreed to resolve the claims of approximately 400 plaintiffs. As of  February 2013, the Company remains a defendant in approximately 35 actively pending lawsuits in federal and state courts throughout  the U.S. All of the Company’s hormone therapy products were sold to other companies between January 2000 and August 2001. The  resolution of these remaining lawsuits is not expected to have a material impact on the Company.  The Company is one of a number of defendants in numerous lawsuits, on behalf of approximately 2,700 plaintiffs, claiming personal  injury allegedly sustained after using  Reglan  or another brand of the generic drug metoclopramide, a product indicated for  gastroesophageal reflux and certain other gastrointestinal disorders. The Company, through its generic subsidiary, Apothecon, Inc.,  distributed metoclopramide tablets manufactured by another party between 1996 and 2000. It is not possible at this time to reasonably  assess the outcome of these lawsuits or the potential impact on the Company. The resolution of these pending lawsuits is not expected  to have a material impact on the Company. 