http://www.reuters.com/article/pressRelease/idUS98496+02-Jan-2008+PRN20080102Reuters January 2, 2008
If You Purchased Recalled Diamond Pet Food Products in 2005, You May Be
Entitled to Payment from a Legal Settlement
KNOXVILLE, Tenn., Jan. 2 /PRNewswire/ -- The following statement is being
issued by Jeff Thompson, O'Neil, Parker & Williamson; Jim Andrews, Attorney;
and Perry Craft, Craft & Sheppard, regarding the Bass v.
Schell & Kampeter,
Inc., d/b/a Diamond Pet Foods Inc. and Diamond Pet Foods.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 ofyour 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.

Shanika Stewart force-feeds strawberry-flavored Ensure through
a syringe to her 9 year-old Chow "Cocoa" at her home at Fort
Jackson in Columbia, S.C. The dog suffered permanent liver damage
after being exposed to aflatoxin in a batch of Diamond pet food.
(To remind Diamond/Schell & Kampeter what "no wrongdoing" and "no violation of any laws" looks like.)
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.
1-800-960-6651,
www.RecalledPetFoodSettlement.comSOURCE Jeff Thompson, O'Neil, Parker & Williamson; Jim Andrews, Attorney; and
Perry Craft, Craft & Sheppard
Jeff Thompson of O'Neil, Parker & Williamson, +1-865-546-7190,
jthompson@opw.com; or Jim Andrews, Attorney, +1-865-660-3993,
andrewsesq@icx.net
http://www.recalledpetfoodsettlement.com/Details and downloadable claim forms are on the site.
http://www.recalledpetfoodsettlement.com/faq.php3FAQs
http://www.recalledpetfoodsettlement.com/court.php3Court Documents
http://www.recalledpetfoodsettlement.com/pao.pdfPreliminary Approval Order
http://www.recalledpetfoodsettlement.com/sa.pdfSettlement Agreement
http://www.fda.gov/oc/po/firmrecalls/diamond12_05.htmlDiamond Pet Food Recalled Due to Aflatoxin
December 20, 2005 -- Diamond Pet Food has discovered aflatoxin in a product manufactured at our facility in Gaston, South Carolina. Aflatoxin is a naturally occurring toxic chemical by-product from the growth of the fungus Aspergillus flavus, on corn and other crops.
Out of an abundance of caution, we have notified our distributors and recommended they hold the sale of all Diamond Pet Food products formulated with corn that were produced out of our Gaston facility (see complete list below). Please note that products manufactured at our facilities in Meta, Missouri and Lathrop, California are not affected.
The Gaston facility date codes are unique from other Diamond facility codes in that either the eleventh or twelfth character in the date code will be a capital "G" (in reference to Gaston). The range of date codes being reviewed are "Best By 01-March-07" through Best By " 11-June-07". Diamond's quantitative analysis records substantiate that Diamond's corn shipments were definitively clear of aflatoxin after December 10. As such, "Best By 11-June-07" date codes or later are not affected by this notice.States serviced by our Gaston facility include
Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky (eastern), Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, West Virginia, Vermont, and Virginia.Gaston Facility Products Removed From Sale
Diamond Low Fat Dog Food
Diamond Hi-Energy Dog Food
Diamond Maintenance Dog Food
Diamond Performance Dog Food
Diamond Premium Adult Dog Food
Diamond Puppy Food
Diamond Maintenance Cat Food
Diamond Professional Cat Food
Country Value Puppy
Country Value Adult Dog
Country Value High Energy Dog
Country Value Adult Cat Food
Professional Chicken & Rice Senior Dog Food
Professional Reduced Fat Chicken & Rice Dog Food
Professional Adult Dog Food
Professional Large-Breed Puppy Food
Professional Puppy Food
Professional Reduced Fat Cat Food
Professional Adult Cat Food http://www.fda.gov/bbs/topics/NEWS/2005/NEW01290.htmlFDA Issues Consumer Alert on Contaminated Pet Food-2005
The Food and Drug Administration (FDA) is conducting an investigation into the deaths and illnesses of dogs that consumed pet food contaminated with a potent toxin called aflatoxin. To date, FDA is aware of 23 dogs that have died and another 18 dogs that have become ill.
The pet food is made by Diamond Pet Food at its Gaston, South Carolina facility. FDA also has discovered that some of the recalled product was exported to at least 29 countries, including countries within the European Union. These countries have been notified.