Large Settlement in Pet Food Class Action Lawsuit

Midwestern Pet Foods has agreed to pay $6.375 million to resolve claims that it knowingly sold pet food tainted with salmonella bacteria and aflatoxin particles.

According to the pet food class action lawsuit, Midwestern Pet Foods sold products contaminated with dangerous levels of aflatoxin — a carcinogenic toxin produced by fungi found in corn and other crops. The food products, which were later recalled, also contained salmonella bacteria, the plaintiffs contend. Midwestern Pet Foods sells pet food products under several brand names, including Sportmix and Earthborn Holistics.

Under the terms of the settlement, at the high end, fully documented pet injury claims will be reimbursed in full, up to $150,000. Additional pet injury compensation may be available, up to three times the original value, if there are residual settlement funds. Smaller payments may also be increased on a pro rata basis. 

At the low end, class members who do not have proof of purchase can claim up to two bags of food at a rate of $25 per product for a maximum payment of $50.

Dangerous Food Ingredients

Sometimes, by design, foods include dangerous preservatives and other ingredients. N-nitroso dimethylamine (NDMA) is a carcinogen that is used as a food preservative.

This chemical has been linked to various gastrointestinal diseases, including stomach cancer and bladder cancer, as well as cancer of the esophagus, liver, pancreas, and colon.

In 2013, Lin Senhao, a graduate medical student at Fudan University in Shanghai, China, planted a trace amount of NDMA into a dormitory water cooler, killing his roommate Huang Yang. At trial, Lin claimed the poisoning was an April Fool’s joke gone bad.

More commonly, food additives like NDMA are caused by manufacturing defects. Zantac is a good example. NDMA poisoning sets in if this gastrointestinal drug is stored at room temperature for too long. Aflatoxin and salmonella poisoning are also manufacturing defects.

Aflatoxin is a fungus that grows on most crops, especially wheat, rice, cottonseed, corn, hay, and other staples. Children are particularly affected by aflatoxin exposure. Effects include stunted growth, developmental delays, liver damage, and liver cancer. Although adults have a higher tolerance to exposure, they are also at risk. No animal species, human or otherwise, is immune. Overall, aflatoxins are among the most carcinogenic substances known.

Field mice and various other critters live among crops, whose feces cause salmonella poisoning. Generally, salmonella poisoning causes gastrointestinal issues. In some cases, salmonella poisoning could cause foodborne infection, typhoid fever, paratyphoid fever, and septic shock. These effects are normally fatal.

Class Action Nuts and Bolts

If a single tainted product injures hundreds or thousands of pets or people, courts cannot handle the claims on a piecemeal basis. So, courts frequently consolidate these claims for all purposes under the leadership of a single lawyer. This attorney, and the victim(s) this attorney represents, must be ready, willing, and able to speak for all other class members. Other class action requirements include:

• Numerous claims (usually more than a dozen),
• Common factual and legal issues in most cases, and 
• Identical claims and defenses in most cases.

Class action consolidation is different from multidistrict litigation consolidation, like the aforementioned Zantac/NDMA poisoning cases. MDL cases usually go back to their home jurisdictions if they don’t settle. Class action claims are in the class action court from start to finish.

Settlement money isn’t distributed equally among class members. The named plaintiffs, who assumed most of the risk, understandably get the biggest piece of the pie. Victims who came forward and took the initiative to partner with attorneys come second.

Should I Opt In or Opt Out?

Class action litigation can be a very effective way to resolve large-scale disputes. But it’s not a perfect way. For example, in terms of financial compensation, because of the class action system, some victims receive pennies on the dollar. 

For that reason, many victims opt out of class action settlements and pursue individual claims. They have a right to do so, and if these claims are successful, they stand to win a lot more money.

However, that’s a pretty big “if.” Big Food companies, and other such companies, are usually multinational conglomerates with extensive financial resources. Furthermore, class action settlements are so large that they often force these companies into bankruptcy. That additional dimension makes a complex case even more complex. 

One way or another, injury victims are entitled to substantial compensation. For a free consultation with an experienced class action attorney, contact Napoli Shkolnik. We do not charge upfront legal fees in these matters and only recover a fee when we win the case.