Contaminated Pet Food – Helmer Friedman LLP Files Class Action Lawsuit
March 27, 2007, Los Angeles, California – Helmer Friedman LLP filed a class action lawsuit against Menu Foods, Nutro Products, Inc., and PETCO – the manufacturers, distributors, and sellers of the pet food allegedly linked to the deaths and severe kidney problems of pets who consumed the food.
June 2007 Update
In addition to our class action lawsuit (Grady, et al v. Menu Foods et al), approximately 120 other class action lawsuits have been filed around the Country as a result of the contaminated pet food. On May 31, 2007, a Multi-District Litigation (“MDL”) hearing took place in Las Vegas, Nevada to determine what form these lawsuits should take (e.g., whether they should be consolidated into one large lawsuit) and, if so, in what court they should proceed. We had asked the MDL panel of judges to consolidate all of these related lawsuits into a single action in federal court in Los Angeles, California.
On June 19, 2007, the MDL panel issued its order transferring our case and all related pet food cases to the U.S. District Court in New Jersey. Although we would have preferred that these actions be consolidated in California, the MDL panel of judges decided to transfer the case to New Jersey federal court for pre-trial proceedings. Nonetheless, our law firm will continue to prosecute this action on behalf of all persons whose pets either died or became ill from ingesting contaminated pet food.
May 2008 Update
On May 30, 2008, Judge Noel L. Hillman of the United States District Court for the District Court for the District of New Jersey granted preliminary approval of a class-wide settlement of claims relating to contaminated pet food. The Court appointed the firm of Heffler, Radetich & Saitta LLP to be the Claims Administrator for the class wide settlement.
The Claims Administrator set up a website that contains information regarding the claims procedures, including, the Notice to Class Members, the Claim Form, the preliminary settlement agreement and the Court’s order granting preliminary approval of the settlement. The website also contains an extensive FAQ section. Please visit http://www.petfoodsettlement.com
Anyone who wishes to opt out of the class wide settlement is required to provide the Claims Administrator with written notice to be received by the Claims Administrator by August 15, 2008. For information about “opting out” please visit http://www.petfoodsettlement.com
Further, anyone who wishes to object to the proposed settlement must file an objection with the court by September 12, 2008 and serve copies of the objection on the appropriate parties. The procedure for filing objections is set forth in the Court’s May 30, 2008 order and is contained at www.petfoodsettlement.com
December 2008 Update
On November 18, 2008, after a full-day Final Approval Hearing, Judge Hillman issued an Order and 65-page Opinion approving a $24 million settlement with Menu Foods and denying all objections to the Settlement. The settlement covers expenses associated with pet deaths and illnesses, including veterinary costs, time missed from work to care for sick animals, replacement pets, burial expenses and property damaged by sick animals. The settlement does NOT reimburse pet owners for their own pain and suffering caused by injuries to their pets. Pet owners who did not save all their pet food receipts or veterinary bills can still request up to $900 for undocumented claims.
Appeals have since been filed by two separate objectors contesting final approval of the Settlement, and these appeals will postpone the payment of claims. No payments may be made on eligible claims until all appeals are resolved. It is uncertain how long these appeals will take to resolve, and the timing of resolving the appeals is not within the control of the parties or their counsel.
If you have already sent in your Claim Form and would like to confirm that the Claims Administrator has received it, please visit http://www.petfoodsettlement.com/ and contact the Claims Administrator. In the blank box labeled “Message,” state the following: “Please confirm the receipt of my claim and send me my claim number.”
The law firm of Heffler, Radetich & Saitta LLP has been selected by the Court as Settlement Administrator, and as such they are responsible for mailing out notices about the settlement to known class member and processing all the settlement claim forms for this litigation. The notice and forms they may send you in the mail are the same as those found on the website.
December 2011 Update
The Third Circuit Court of Appeals reviewed the $24-million class-action suit settlement and concluded that the deal is “fair, reasonable and adequate” except for one minor issue. In re Pet Food Products Liab. Litig., 629 F.3d 333, 336 (3d Cir. 2010).