-
Apr 9, 2007 6:30 pm US/Eastern
-
Digg |
Facebook |
E-mail
|
Print
Local Lawsuit Filed In Pet Food Recall
by Jon Delano
PITTSBURGH (KDKA) ―
The largest pet food recall in history could lead to a record number of lawsuits.
One of those lawsuits has just been filed here in western Pennsylvania.
KDKA's Jon Delano reports over 12,000 complaints have been filed with the food and drug administration about contaminated pet food.
Now, Pennsylvania has become the latest state where pet owners are taking legal action.
"We filed a class action lawsuit on behalf of all pet owners in Pennsylvania who may have purchased contaminated food," said Class Action Attorney Robert Peirce.
Peirce says his law firm was contacted by an Ellwood City woman whose cat was injured by a Menu Foods product.
"My client fed her cat the pet food, and over a series of days it got worse and worse," said Peirce. "Unfortunately, it had kidney failure and, in turn, my client incurred almost $5,000 in medical bills. This is a prime example of what has happened to these animals. They have gotten very sick and incurred lots of medical bills because, at the time, no one knew what was causing the problem. Now we know there is a contaminated product that is making these animals ill."
Peirce filed a 15-page lawsuit against Menu Foods and Wal-Mart, where the food was purchased and he is asking the court to certify this case as a class action lawsuit.
"When you have a large number of animals, a common question of law, and the ability to resolve them with one particular lawsuit, that is why a class action is used -- to help avoid excessive amounts of court time, deciding each case one case at a time," said Peirce.
But how do you become part of this class action in Pennsylvania if your pet got sick or died?
Peirce said, "Right now with the lawsuit filed, anyone whose pet has become ill, passed away, or you've just purchased the product itself, you will be covered by the class once a judge deems a class action is appropriate."
If a judge does that, then all potential claimants will be notified to decide whether to stay in or out of the class.
In the meantime, says Peirce, save your evidence.
"Keep any receipts you have for purchasing the product," said Peirce. "You keep the food itself in a safe place or we can store it for you at our law firm. In addition, if you have veterinary bills, please keep those bills. Speak to your veterinarian to let them know you may be part of the class action and your veterinarian may have to author a report to demonstrate that your animal has become sick from eating this contaminated product."
To become part of this class action lawsuit if it gets certified as a class action, the court will require public notice to alert you to the case.
By the way, the lawsuit accuses pet food manufacturers of violating the state's consumer protection law, negligence, and breach of warranty.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)