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Offly_irked
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« on: May 23, 2008, 02:49:44 AM » |
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http://www.usatoday.com/money/industries/2008-05-22-petfood-lawsuit-settled_N.htm" Menu Foods, other pet food makers and retailers involved in last year's massive pet food recall will set up a $24 million cash fund to compensate pet owners, according to a proposed settlement filed Thursday in federal court. The fund is expected to compensate thousands of pet owners in the U.S. and Canada who bought recalled pet foods made by Menu and 11 others. The products had a contaminated ingredient from China that sickened dogs and cats.
The $24 million is in addition to $8 million that pet food makers have already paid to pet owners. Legal fees and expenses, which haven't been determined, will come out of the fund. The settlement, negotiated over the past seven months, would resolve more than 100 lawsuits by more than 250 plaintiffs brought in the U.S. and a dozen in Canada.
If the settlement is approved by the court, the fund is expected to be set up and disbursed over a period of months. Unlike many large settlements, consumers will get cash rather than coupons."
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Carol
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« Reply #1 on: May 23, 2008, 04:48:31 AM » |
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The settlement requires that eligible claimants' dogs or cats ate a pet food recalled between March 16, 2007, and now. Coverable expenses include veterinary bills, pet food costs, burial costs, replacement pet costs, property damage and lost wages to care for sick animals. WHAT?  This has to be wrong----- 
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“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” — Margaret Mead
United we stand Divided we fall....
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Carol
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« Reply #2 on: May 23, 2008, 04:57:20 AM » |
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http://thetruthistold.com/settel.pdfI found this at Pet Connection blog--
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“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” — Margaret Mead
United we stand Divided we fall....
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Offly_irked
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« Reply #3 on: May 23, 2008, 05:06:18 AM » |
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While I'm glad this will help relieve some of the financial burdens people experienced, I sincerely hope the industry realizes that no amount of money can cure the pain and anguish experienced.
I hope they realize the trust is broken and that it will take more than just tests for "melamine" and testing products from China. They have to be able to know what came from China via others too.
I also hope that the remaining funds from the settlement that are set to go to animal welfare organizations, will be directed at consumer testing programs for pet food safety. Welfare organizations did not exactly step up to the plate during this horrific catastrophe to help protect our animals.. this, IMO, was due to their funding by PFCs.
I hope those involved in the lawsuit will express the need for changing of the language in that section of the settlement document to read to consumer testing of pet foods.
Trust is broken. We need help to monitor the alleged safety of pet foods and the quality assurance programs since the government and the pfcs have not chosen to take the "high road" in their dealings with consumers.
I am more than disappointed in the language and implications in several sections of the settlement documents... shame on the lawyers on both sides !!!!
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« Last Edit: May 23, 2008, 05:13:19 AM by Offly_irked »
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Carol
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« Reply #4 on: May 23, 2008, 05:24:18 AM » |
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I do have to say that there is a small amount of relief knowing that I will get reimbursed for Smudge's and Jessica's vet bills and even Harry's renal panel that he had to have done on March 19 (as he ate the uneaten cat food for several days and was about to have his next chemo)---but I really was counting on getting more answers in a court trial of who knew what and when....maybe that wouldn't change anything going further...but I really wanted to know if some of my suspicions were right on...  IMO Nothing will make this right---the only thing we can do is stay vigil -send letters to FDA and our legislators to remind them to stay on top of this and hope that the Florida lawsuit does bring about change to the PFI--and support the few groups that are trying to make a difference for our pets now, in the past and in the future... and last but not least---keep informing and caring for fellow pet owners like we do here!
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“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” — Margaret Mead
United we stand Divided we fall....
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3catkidneyfailure
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« Reply #5 on: May 23, 2008, 07:05:15 AM » |
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http://docs.justia.com/cases/federal/district-courts/new-jersey/njdce/1:2007cv02867/203642/151/Manufacturers have to continue Quality Assurance programs for a period of one year?  ?? One year, and then they have permission to do this again?  ? What quality assurance programs examining what?  ? Keep testing for melamine and cyanuric acid on some basis not described by any manufacturer?    big arghhhhhhhhhhhhhhhhhhhhhhhhhhhhh ... (sorry, Kaffe, but anything else I'm thinking isn't fit to print) There's no mention of a more permanent safety net for pet food consumers. There's no mention of changes in regulation by the government oversight agencies. I spent over $900 in two days of treatment on one cat of three. How many other consumers did? Opt out of this settlement if you really want to make the ill or deceased fur kids count! There are other class action lawsuits asking for much more in terms of pet food safety that you can join ...
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« Last Edit: May 23, 2008, 07:52:16 AM by 3catkidneyfailure »
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3catkidneyfailure
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« Reply #6 on: May 23, 2008, 09:17:15 AM » |
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Property or family member, trying to make a permanent change to the pet food industry ... Probably not recovering much from available class acton funds in the end for many of us, but trying to make a difference for present and future companion animals ... Those are the issues for pet parents to decide according to their consciences. If this settlement falls short as adopted for your pet parent conscience, as a class member, opt out.
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Offly_irked
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« Reply #7 on: May 23, 2008, 09:46:28 AM » |
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I see you all think some of the same sections that I did.. stinks, doesn't it? If the attorneys have told their clients that this is a good thing, they should have another attorney familar with the problems review it to see if it truly is in their best interests to settle.. They sure don't look like they earned their fees to me. It's really sad to see pet owners appear to be duped like that after all the tragedy.
Sigh, It's so bad that I'll say it again: I am more than disappointed in the language and implications in several sections of the settlement documents... shame on the lawyers on both sides !!!!
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Carol
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« Reply #8 on: May 23, 2008, 10:16:20 AM » |
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At first glance I don't see much difference in this settlement than what the Menu Foods media spokeswoman told Mario Hilario at WJAR in RI on March 18, 2007---that vet bills would be reimbursed with documentation---so why has it taken 1 year, 2 months and 5 days and many attorneys to reach the same "settlement"?
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“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” — Margaret Mead
United we stand Divided we fall....
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Sandi K
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« Reply #9 on: May 23, 2008, 03:01:59 PM » |
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I too, dont understand why they settled for such a small amount. In reading the documents it appears there were between 40 to 50 defendants in this suit, some being Wal-mart, Nutro, Menu, some very huge companies. 24 mil is a drop in the bucket to just one or two of them let alone the rest of them. If they wanted to show the courts that our pets mean much much more to us than just balls of fur, they would have asked for more, been willing to go to jury trial, and been on the cutting edge of demanding changes in how pet food companies go forward in their processing, ingredients, testing, consumer complaint handling, etc. From everything I have read, our kitty wont be recognized as a victim in this case because she died before the recalls and before anyone knew what tests were needed to discover what was happening. I have at least 10 cases of leftover tainted recalled food sitting in the garage that means nothing. I am however, hopeful, others with sick and deceased pets from the recalled food will be able to get some financial help from this. For DH and I its been a hard day, it has brought back many rough memories of our kitty's last days. I am hoping if there are any criminal investigations still pending of the parties involved, that it results in justice and any other suits result in more meaningful results on behalf of all pets who were sickened or died. And lastly, just to make me feel better,  to any pet food company involved that reads this. I truly hope what goes around, comes around for each of your companies.
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« Last Edit: May 23, 2008, 03:36:59 PM by Sandi K »
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Sandi K
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« Reply #10 on: May 24, 2008, 09:40:37 AM » |
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Well this morning I feel much better about all of this. I woke up and realized that this wont bring my kitty i back no matter what and the only option I have is to continue to do what I can to help with the FDAAA reform and fight for safe pet food for all pets out there. This has caused so many conflicting emotions and I think the big thing was I was actually disappointed to know that this phase is almost over and the PFC's wont be having to answer in court anymore for what happened but I realized this morning its not over. There are more cases pending and hopefully change is still coming our way for safe pet food thru FDA and other avenues also. This battle is far from over. 
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Mandycat
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« Reply #11 on: May 24, 2008, 09:48:58 AM » |
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Don, Where did you get 250,000 pets killed? I only see 250 plaintiffs mentioned in the article that were included in this lawsuit.
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Nabiya
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« Reply #12 on: May 24, 2008, 09:59:29 AM » |
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MandyCat, It wouldn't surprise me if there's 250 pets dead from Itchmo members alone. Some members have reported 4 dogs died, 3 cats died, etc. I also think the number of pets harmed or maimed by this are in the hundreds of thousands,too. It's easy to get that impression from the Yahoo CRF group, where every single day many people are still reporting CRF conditions that started during the recalls last year. No one will ever know the full extent of this tragedy.
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JustMe
Global Moderator
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Posts: 4695
Herdin' Cats and 2 GSDs
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« Reply #13 on: May 24, 2008, 11:16:41 AM » |
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Mandycat, You can look at page 8 of the Memorandum of Law. This is a class action. They will be taking out ads listing how the pet-owning public can join in. From what little I have read, you become a member if you purchased recalled food. This is what I came up with: With an estimated 88.3 million cats in US households and 74.8 dogs, I would consider 250K as conservative as far as how many animals (particularly cats) were sickened and killed. There are millions of animals not accounted for, shelter animals, animals that were never seen by a vet and passed away, feral colonies that people feed. http://www.appma.org/press_industrytrends.aspRemember the early Banfield estimates? They see 6% of the nations cats and dogs. They saw "unexpected" 284 kidney failure in cats within a short time-frame. Math is not my forte, but I come up with at least 277,752 cats and dogs in the USA (mostly cats) with unexpected kidney failure. This doesn't take into consideration Canada or other countries. http://en.wikipedia.org/wiki/2007_pet_food_recallsWhen you see our memorial here, very few members have posted. Sadly, there were many, many more members early on with sick animals who never came back to the forum and many,many more who posted on the Itchmo blog, but never the forum. And these are only people with internet who found Itchmo. Sometimes I go back and look at the posts last year. Sobering.  This is a pathetic settlement for people who lost the loves of their life.  pfffftttttt
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Never forget our cats and dogs and the Pet Food Recalls of 2007; the reason most of us are here!
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3catkidneyfailure
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« Reply #14 on: May 24, 2008, 11:26:59 AM » |
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msnbc Banfield report link, April 7, 2007: http://www.msnbc.msn.com/id/18029173/It's really a sad state of affairs. Costs on my three cats' treatment, with one dying on February 10, 2007, have exceeded the costs to replace a new car, and I could document that for you. Not that this any longer is about money. It's about love and dedication and pet food safety and permanent change to a very careless, negligent pet food industry now in my opinion ...
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