Diamond Pet Foods Inc. and Costco Wholesale Corp. have agreed to give a settlement fund of $2 million. If you bought definite recalled pet food products, then claim for refund at DiamondPetFoodsSettlement.com.
Consumers who have purchased a recalled pet food product that were put into the stream of commerce in 2011 and 2012, and are finding economic damages due to injury or death to their animals, can claim for compensation from the Diamond pet food recall class action settlement at DiamondPetFoodsSettlement.com. Diamond Pet Foods Inc. and Costco Wholesale Corp. agreed to pay $2 million to settle a proposed class action, over dog food linked to a salmonella outbreak that infected many pets and 14 people who handled the food. As well, Diamond committed to implementing new and better quality control processes and therapeutic improvements.
The case was first filed in 2012 by New York resident Barbara Marciano, whose dog Benji died after eating pet food purchased at a Westbury, N.Y., Costco and manufactured at Diamond's plant in Gaston, S.C., and her other dog - Pepsi, to experience lethargy. The defendants denied any wrong doing, but agreed to provide a settlement fund of $2 million. The settlement covers three groups of people: those who bought but not used a recalled pet food product; sustained economic damages due to injury or death to animals from their eating of a recalled product; and those who bought pet food products subject to the recalls and wholly used the products without any ill effects.
Consumers who have purchased following pet food products in 2011 and 2012 are eligible for compensation:
A settlement fund will be made by the defendants, limited to a maximum of $750,000 to repay the purchase price of the product. This subclass members who submit a valid claim form will obtain either payment up to a maximum value of 2 bags of pet food per pet; OR a pro rata share of the net proceeds of the settlement fund for this subclass not to surpass the real or expected purchase price of up to 2 bags of the pet food per pet if the settlement fund is exhausted, if the total amount claimed by the eligible Subclass I members surpasses the funds obtainable.
If applicable, Subclass I members can apply for compensation of the cost of veterinary care and/or the fair market value of the pet as set forth in Subclass II, as per the settlement order.
Subclass II
A settlement fund will be made by the defendants, limited to a maximum of $1,250,000 to pay claims from Subclass II. This subclass members who submit a valid claim form will obtain a full compensation of the actual cost of veterinarian testing, care and/or treatment. No need for defendants to refund for any part of the veterinary bill that is not linked to alleged or actual salmonella illness. Subclass II members will be just repaid for those veterinary or allied charges deemed reasonable, essential and typical within the class member’s community, as per the settlement order. If the settlement fund is exhausted, Subclass II Members will obtain a pro rata share of the net proceeds of the settlement fund.
If applicable, Subclass II Members can apply for compensation of the purchase price of the product as set forth in Subclass I, subject to the submission of proof necessary for Subclass I.
If death of a pet or animal is claimed, a class member who submit a valid claim will obtain the fair market value of the pet, or, if the settlement fund is exhausted, a pro rata share of the market value of the pet; and, if applicable, aid for veterinary care of the pet.
Subclass III
The defendants will support in the way of coupons to pay claims for Subclass III. Class Members who submit valid Claim Forms will obtain one or more coupons with a face value of $2. A maximum of 50,000 coupons will be given.
Diamond Pet Foods Settlement Details:
Case Name: Marciano v. Schell & Kampeter Inc. d/b/a Diamond Pet Foods, et al., Case No. 2:12-cv-02708, in the U.S. District Court for the Eastern District of New York.
Settlement website: www.diamondpetfoodssettlement.com
Website to claim a form: gilardisecure.com
Claim form deadline: July 11, 2014
Final Approval Hearing Date: September 15, 2014
Claims Administrator:
Diamond Pet Foods Settlement
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-284-5091
Class Counsel:
Mario Alba Jr., Esq.
Robbins Geller Rudman & Dowd LLP
Defense Counsel:
Gerard Benvenuto, Esq.
Traub Lieberman Straus & Shrewsberry LLP
Consumers who have purchased a recalled pet food product that were put into the stream of commerce in 2011 and 2012, and are finding economic damages due to injury or death to their animals, can claim for compensation from the Diamond pet food recall class action settlement at DiamondPetFoodsSettlement.com. Diamond Pet Foods Inc. and Costco Wholesale Corp. agreed to pay $2 million to settle a proposed class action, over dog food linked to a salmonella outbreak that infected many pets and 14 people who handled the food. As well, Diamond committed to implementing new and better quality control processes and therapeutic improvements.
Consumers who have purchased following pet food products in 2011 and 2012 are eligible for compensation:
- Country Value
- Apex Chicken and Rice Dog
- Diamond
- Diamond Naturals
- Diamond Naturals Small Breed Adult Dog Lamb & Rice Formula
- Premium Edge
- Professional
- 4Health
- Taste of the Wild
- Solid Gold WolfCub Large Breed Puppy Food
- Solid Gold WolfKing Large Breed Adult Dog Food
- Wellness Complete Health Super5Mix Large Breed Puppy
- Chicken Soup for the Pet Lover’s Soul
- Canidae Dog Dry Dog Food, Canidae Platinum
- Canidae Dog Dry Dog Food, All Life Stages
- Canidae Dog Dry Dog Food, Lamb Meal & Rice
- Canidae Dog Dry Dog Food, Chicken Meal & Rice
- Kirkland Signature Super Premium Mature Dog Chicken, Rice & Egg Formulas
- Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula
- Kirkland Signature Super Premium Adult Dog Chicken, Rice & Vegetable Formula
- Kirkland Signature Super Premium Healthy Weight Dog Formulated with Chicken & Vegetables
- Kirkland Signature Nature’s Domain Salmon Meal & Sweet Potato Formula for Dogs
- Natural Balance Vegetarian Dog
- Natural Balance Lamb Meal & Brown Rice Dog
- Natural Balance Sweet Potato & Venison Dog
- Natural Balance Sweet Potato & Venison Dog
- Natural Balance Sweet Potato & Venison Dog
- Natural Balance Sweet Potato & Bison Dog
- Natural Balance Sweet Potato & Bison Dog
- Natural Balance Lamb Meal & Brown Rice Dog Small Breed Bites
- Natural Balance Lamb Meal & Brown Rice Dog Large Breed Bites
A settlement fund will be made by the defendants, limited to a maximum of $750,000 to repay the purchase price of the product. This subclass members who submit a valid claim form will obtain either payment up to a maximum value of 2 bags of pet food per pet; OR a pro rata share of the net proceeds of the settlement fund for this subclass not to surpass the real or expected purchase price of up to 2 bags of the pet food per pet if the settlement fund is exhausted, if the total amount claimed by the eligible Subclass I members surpasses the funds obtainable.
If applicable, Subclass I members can apply for compensation of the cost of veterinary care and/or the fair market value of the pet as set forth in Subclass II, as per the settlement order.
Subclass II
A settlement fund will be made by the defendants, limited to a maximum of $1,250,000 to pay claims from Subclass II. This subclass members who submit a valid claim form will obtain a full compensation of the actual cost of veterinarian testing, care and/or treatment. No need for defendants to refund for any part of the veterinary bill that is not linked to alleged or actual salmonella illness. Subclass II members will be just repaid for those veterinary or allied charges deemed reasonable, essential and typical within the class member’s community, as per the settlement order. If the settlement fund is exhausted, Subclass II Members will obtain a pro rata share of the net proceeds of the settlement fund.
If applicable, Subclass II Members can apply for compensation of the purchase price of the product as set forth in Subclass I, subject to the submission of proof necessary for Subclass I.
If death of a pet or animal is claimed, a class member who submit a valid claim will obtain the fair market value of the pet, or, if the settlement fund is exhausted, a pro rata share of the market value of the pet; and, if applicable, aid for veterinary care of the pet.
Subclass III
The defendants will support in the way of coupons to pay claims for Subclass III. Class Members who submit valid Claim Forms will obtain one or more coupons with a face value of $2. A maximum of 50,000 coupons will be given.
Diamond Pet Foods Settlement Details:
Case Name: Marciano v. Schell & Kampeter Inc. d/b/a Diamond Pet Foods, et al., Case No. 2:12-cv-02708, in the U.S. District Court for the Eastern District of New York.
Settlement website: www.diamondpetfoodssettlement.com
Website to claim a form: gilardisecure.com
Claim form deadline: July 11, 2014
Final Approval Hearing Date: September 15, 2014
Claims Administrator:
Diamond Pet Foods Settlement
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-284-5091
Class Counsel:
Mario Alba Jr., Esq.
Robbins Geller Rudman & Dowd LLP
Defense Counsel:
Gerard Benvenuto, Esq.
Traub Lieberman Straus & Shrewsberry LLP
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