Today, January 4, 2008, Diamond Pet Foods settled with pet owners for $3.1 million.
After approximately 12 shipments of corn tainted with Aflatoxin slipped into the Diamond Pet Food Plant in Gaston, South Carolina in 2005, dozens of dogs died. Aflatoxin is a naturally occurring chemical which comes from a fungus found on corn and can cause liver failure. 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.
About 350,000 bags of pet food were recalled aftera New York veterinarian linked the death of a dog to Diamond pet Food. No one knows just how many dogs died or 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 of Knoxville, Tennessee.
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.
According to the settlement, the company contends that it did nothing illegal but says that it will cooperate with those injured to avoid costly time-consuming litigation.
The Diamond pet food recall preceded the 2006 pet food recall where hundreds of dogs and cats died from toxic melamine found in brands made by Menu Foods.
Click Here To Read The Diamond Pet Food Settlement
Click Here To Download A Claim Form
Click Here For The Diamond Pet Food Settlement Website
PLEASE NOTE THE FOLLOWING IMPORTANT DATES:
February 26, 2008
Objection Deadline, postmarked or received
March 16, 2008
Exclusion Deadline, postmarked or received
March 26, 2008
at 1:30 p.m.
Settlement Fairness Hearing
April 15, 2008
Claim Form Deadline, postmarked or received
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