AnimalVoicesNews
ALERT: For more information about the settlement or to make a claim, visit
www.recalledpetfoodsettlement.com
<http://www.RecalledPetFoodSettlement.com/>, call 800-960-6651, OR write to:
to Diamond Pet Food Settlement, c/o The Garden City Group Inc., P.O. Box
9214, Dublin, OH 43017-4614. If you do not submit a request for exclusion,
you will not be able to sue Diamond again about these claims.
Hotline 1-800-960-6651
~~~~~~~~~~~~~~~~~~~~~~~~>
Source: Consumer Affairs - USA
Link: <www.consumeraffairs.com/news04/2008/01/pet_food_recalls86.html>
Diamond Pet Foods Agrees To
$3.1 Million Settlement
Consumers whose dogs were injured may be eligible for compensation
January 4, 2008
Missouri-based Diamond Pet Foods, which makes Nutra Nuggets and other
popular dog and cat foods, has agreed to pay $3.1 million to settle a class
action suit stemming from tainted pet food.
The money will go into a settlement fund to pay consumers who purchased
recalled Diamond Pet Food products, and will compensate dog owners whose
dogs were injured as a result of eating recalled Diamond Pet Food products.
In December 2005, Diamond Pet Foods issued a recall on some of its dog food
products after finding aflatoxin, a mold, in samples of food made in its
Gaston, South Carolina, plant. The lawsuit alleges that many consumers have
not received a refund for the recalled food.
Consumers may be able to receive compensation if they can show that the
recalled food they purchased was not returned for a refund. Consumers will
also be entitled to payment for any veterinary expenses that were incurred
as a result of their dog being injured after eating the contaminated pet
food.
States included
People who reside in a number of states and purchased recalled Diamond Brand
or Country Value Brand Pet Food products in 2005, and did not return the
food for a refund are included in the settlement announced today. The states
are:
Alabama, Delaware, District of Columbia, Florida, Georgia, Kentucky, Maine,
Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey,
New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Vermont, Virginia, and West Virginia.
What to do
If you believe that you are entitled to receive compensation, you need to
submit a valid claim. To obtain a copy of the complete notice and a claim
form, call 1-800-960-6651 or go to www.RecalledPetFoodSettlement.com
<http://www.RecalledPetFoodSettlement.com/>.
The announcement was made by attorney Jim Andrew, of the firm O'Neil, Parker
& Williamson, who said that consumers may also be part of the settlement
class if their dog was injured, or they incurred any veterinary bills as a
result of their dog being injured from eating Diamond Brand Dog Food.
Diamond denies any wrongdoing and contends that they have not violated any
laws. The court has not made any decisions regarding the facts of the case,
however a settlement has been reached to resolve the issues and avoid costly
time-consuming litigation, Andrews said.
Melamine
The class action grew out of a 2005 recall and is unrelated to the wave of
dog and cat poisonings that swept the country last year.
Nutra Nuggets tested positive for melamine and caused kidney problems in at
least four dogs in California, ConsumerAffairs.com reported
<www.consumeraffairs.com/news04/2007/05/pet_food_recall52.html> last May.
Melamine is a chemical used to make plastics and fertilizers. It is not
approved for use in human or pet food.
The FDA, however, discovered melamine and melamine-related compounds in the
wheat gluten and rice protein concentrate imported from China used to make
many brands of pet food.
That finding triggered one of the largest pet food recalls in U.S. history.
Since March, 18 companies have recalled more than 5,600 pet food products.
Thousands of dogs and cats that have eaten tainted foods have suffered
kidney problems or died.
LINKS AT URL:
RECALL LIST
Consumer Complaints
---
News
Diamond Pet Foods Agrees To $3.1 Million Settlement
Tests Find More Toxic Pet Toys
Finding Safe Toys to Give Your Pet
China Agrees to Stepped-Up Food, Drug Inspections
Menu Foods Denies Acetaminophen Found in its Cat Food
Veterinarians Solve Pet Food Death Puzzle
Menu Foods Agrees to Test for Pain Killer in its Cat Food
Lab Tests Again Find Acetaminophen in Pet Food
Toxic Pet Toys: A Doctor's Advice
Consumers Respond to Toxic Wal-Mart Pet Toy Stories
Federal Import Safety Panel Outlines Proposals
Pet Industry Agrees on Need for Toxicity Standards
Industry Responds to Reports of Lead in Wal-Mart Pet Toys
Wal-Mart Attacks Lab Tests that Found Lead, Chromium in Pet Toys
Wal-Mart Reviewing Results of Tests on China-Made Pet Toys
Lab Tests Find Lead, Other Toxins in Pet Toys Sold at Wal-Mart
CANIDAE Denies Reports of Painkiller in its Pet Food
Lab Tests Find Painkiller in Samples of Pet Food
Purina Denies Claim on Bichon Frise Deaths
FDA Blocks Nutro Pet Food Shipment from Entering U.S.
FDA Testing Dog Treats Pulled from Wal-Mart Shelves
Wal-Mart Finds Melamine in Chinese-Made Dog Treats
---
More about Pet Food Recalls ...
Copyright © 2003-2008 ConsumerAffairs.Com Inc. All Rights Reserved.
~~~~~~~~~~~~~~~~~~~~~~~~>
Source: Injury Board
Link:
<www.injuryboard.com/national-news/tainted-pet-food-settlement-31-million.as
px?googleid=28906>
Tainted Pet Food Settlement $3.1 Million
Posted by Jane Akre
Saturday, January 05, 2008 12:12 AM EST
LEARN MORE
Diamond Pet Food Settlement web
site www.recalledpetfoodsettlement.com/index.php3
<http://www.recalledpetfoodsettlement.com/index.php3> with documents to join
the class action
Hotline 1-800-960-6651
Dozens of dogs died nationwide in 2005 when a Gaston, South Carolina
plant failed to make sure the pet food it was producing was safe. Today the
company, Diamond Pet Foods settled with pet owners for $3.1 million.
The pet food contained aflatoxin, a naturally occurring chemical from fungus
found on corn used in making dog and cat food. Aflatoxin can cause liver
failure.
About a dozen shipments of tainted corn slipped into the plant in 2005. The
FDA found Diamond did not have records of test results from that corn but it
went into food sold in 23 states as the Diamond Brand or Country Value
brand.
When a New York veterinarian linked the death of a dog to Diamond food,
about 350,000 bags of pet food were recalled. There is no final number on
how many dogs died or pets were injured nationwide.
The company has already settled with about 1,200 customers but many more
have yet to file claims under the class action which started with a
suit filed by plaintiff, Nicole Bass
www.knoxnews.com/news/2008/jan/05/settlement-reached-in-suit-on-contaminated
-pet/
<http://www.knoxnews.com/news/2008/jan/05/settlement-reached-in-suit-on-con
taminated-pet/> of Knoxville, Tennessee. (See below)
Pet owners have until April 15, 2008 to join the class action but they must
be able to prove that they purchased the recalled pet food, did not return
it to the store, and that their pet was injured as a result.
Pet owners of animals who died can be compensated for testing and treatment
of aflatoxin poisoning, compensation for their pet's death and pet food up
to $2,000. Owners will not be compensated for loss of affection, mental
anguish, emotional suffering or the cost of burial.
Plaintiffs who want to opt-out of the settlement and file their own
individual lawsuit have until March 16, 2008 to do so.
Attorneys in the case will receive a fee of $465,000 which comes out of the
settlement amount.
The company does not admit it did anything illegal but says it will
cooperate with those injured to avoid costly time-consuming litigation.
The Diamond pet food recall preceded the rash of pet deaths related to toxic
melamine found in Menu Foods made in China in 2006.
1 Comment
Who We Are
InjuryBoard is a growing community of attorneys, media professionals, safety
industry experts, and local activists, committed to making a difference by
helping families stay safe and avoid injury, and helping those who are
injured get the assistance they need to move on with their lives after an
accident.
© 2002 - 2008 Claris Law. All rights reserved
~~~~~~~~~~~~~~~~~~~~~~~~>
Link:
www.knoxnews.com/news/2008/jan/05/settlement-reached-in-suit-on-contaminated
-pet/?printer=1/
Settlement reached in suit on
contaminated pet food
Fund worth up to $3.1 million to
be established by Diamond
Liz Engel, [EMAIL PROTECTED]
Saturday, January 5, 2008
A multimillion-dollar settlement has been reached in a class-action lawsuit
filed in Knoxville against Diamond Pet Food, the company that made and
recalled about 19 brands of dog and cat food in 2005.
A settlement fund worth up to $3.1 million will be established and pay
customers for any unreturned Diamond brand or Country Value brand pet food
products as well as compensate owners whose pets were injured as a result of
eating recalled products. Attorney's fees, costs and expenses will also be
covered by the settlement and will be determined later by the U.S. District
Court.
"I think it's a good settlement," Knoxville attorney Jim Andrews told the
News Sentinel. "I think the number of claims will be well within the money
that's allocated. Anybody that has a claim who stays in the class, my best
estimate is they will get their full amount."
Andrews, who represented local client and representative plaintiff Nicole
Bass, said there's no way of knowing how many people and pets had been
affected in the 23 states where the contaminated food was sold until the
claims have been made.
The News Sentinel reported in December 2005 that at least seven dogs had
been affected - two died - at the University of Tennessee Veterinary
Hospital. It has been reported that dozens of dogs across the country died
after eating the contaminated food.
The lawsuit alleged that Diamond initiated the recall of certain products in
December 2005 and that certain customers have not received a refund. It also
alleges that certain dog food manufactured by Diamond contained aflatoxin, a
fungus that causes liver failure when consumed.
Diamond discovered the contamination at its plant in Gaston, S.C. The
company did acknowledge that workers at that plant failed to follow internal
testing procedures to ensure its products were safe.
Diamond, however, denies any wrongdoing and claims it has not violated any
laws, according to a statement released by lawyers Andrews, Jeff Thompson
and Perry Craft. That statement says the settlement was reached to resolve
the issue and to avoid costly, time-consuming litigation.
"They could have dragged this litigation out for a number of years, but they
wanted to compensate people as well. We just asked that everybody be
compensated for their losses, " Andrews said.
Claims in the lawsuit must be postmarked by April 15. The lawsuit sets
certain caps on how much people can receive from the settlement. For
example, the value of a dog shall not be allowed to exceed $1,000 - and
those wishing to opt out of the class and file their own suit have that
option.
"This is designed to be a remedy for the vast, vast majority of people out
there who will have damages," Andrews said. "If you are someone who spent
$15,000 on your pet as a result of this, you're probably going to file your
own lawsuit. But anybody can (opt out)."
Those wishing to be excluded from the lawsuit have until March 16 to submit
a written request including their name, address, telephone number and
signature to Diamond Pet Food Settlement, c/o The Garden City Group Inc.,
P.O. Box 9214, Dublin, OH 43017-4614. If you do not submit a request for
exclusion, you will not be able to sue Diamond again about these claims.
A fairness hearing to approve, modify or reject the settlement is scheduled
March 26. The lawyers representing class members are requesting a fee of
$465,000 and expenses of $10,735. Settlement checks will be distributed
within six months of the judgment becoming final.
Andrews said the Diamond settlement was not part of the Menu Foods pet-food
recall that occurred in March 2007, when ultimately 60 million cans and
pouches of pet food were contaminated with melamine.
For more information about the settlement or to make a claim, visit
www.recalledpetfoodsettlement.com, call 800-960-6651 or write to the address
listed above.
© 2007 Knoxville News Sentinel
~~~~~~~~~~~~~~~~~~~~~~~~>
Judy Reed
AnimalVoices
Speaking For Animals & Their Environment
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