If you purchased recalled Diamond Pet Food products in 2005, you may be entitled to payment from a legal settlement.
The lawyers for Diamond Pet Foods released this statement in regards to the settlement:
A settlement has been reached in a class action lawsuit regarding recalled Diamond Pet Food products. A settlement fund, worth up to $3.1 million, will be established and pay consumers who purchased recalled Diamond Pet Food products, and compensate dog owners whose dogs were injured as a result of eating recalled Diamond Pet Food products.
People who reside in the following 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 this settlement:
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.
You may also be part of the settlement class if your dog was injured, or if you incurred any veterinary bills as a result of your dog being injured from eating Diamond Brand Dog Food. Some of the recalled products contained toxins that injured dogs.
In December 2005, Diamond Pet Foods issued a recall on some of their dog food products. The lawsuit alleges that many consumers have not received a refund for the recalled 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.
Diamond will create a settlement fund of up to $3.1 million to provide compensation for valid claims. Attorneys’ fees, costs, and expenses will also be covered by the settlement as determined by the court. The complete settlement agreement, which is available at the website, describes all the details of the settlement.
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.
If you believe that you are a Class Member and 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 the toll-free number listed below, visit the website listed below, or send a written request to the address below.
Completed claim forms must be mailed to the address below. All claims must be postmarked by April 15, 2008.
You do not need to be included in this settlement, however, if you don’t want to be legally bound by the terms of this settlement, you must submit a written request to be excluded by March 16, 2008. If you exclude yourself, you will not get any money from this settlement. To exclude yourself, you must send a letter by mail stating that you want to be excluded. You must include your name, address, telephone number and signature. All requests must be mailed 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 about these claims ever again. If you remain in this settlement, but have an objection, you must notify the court of your intent to object by February 26, 2008. The website explains how to exclude yourself and how to object to the settlement.
The court will hold a fairness hearing on March 26, 2008 at 1:30 p.m. to consider whether to approve the settlement and a request for attorneys’ fees by the lawyers representing the class members. The lawyers representing consumers are requesting a fee of $465,000.00, and expenses of $10,735.00 from
the settlement fund. This is only a summary of the settlement agreement.
To learn more about the settlement, call toll free 1-800-960-6651, go to the website, and/or write to Diamond Pet Food Settlement, c/o The Garden City Group, Inc., P.O. Box 9214, Dublin, OH 43017-4614.
UPDATE: Diamond admitted that workers at the South Carolina plant failed to follow internal testing procedures to make sure the products were safe. The company has no record of test results for 12 shipments of corn in 2005.
The company stated that it did not do anything illegal.
Source: Associated Press