Pet Owners Near Settlement On Food Recall

Possible $32M Award For Costs Linked To Tainted Food That Sparked Rash Of Deaths And Illnesses

(AP)  Thousands of American pet owners whose dogs and cats died last year after eating contaminated pet food traced to China could be close to a $32 million settlement.

A federal judge in Camden was to hear oral arguments on the final proposal Tuesday. The court also will consider any filed objections.

The settlement allows pet owners to apply for expenses associated with deaths and illnesses, including the costs of veterinarians, time missed from work to care for sick animals, replacement pets, burial expenses and even property damaged because animals got sick.

In addition to the $8 million they had already agreed to pay owners of sickened pets, the pet food companies would put up $24 million for the settlement.

The case began in March 2007, when companies that make or sell pet food - including Menu Foods Income Fund, which makes dog and cat food under about 90 brand names from its base in Streetsville, Ontario - agreed to settle lawsuits with pet owners.

The U.S. Food and Drug Administration later found that the food contained melamine, a chemical used to make plastics. The chemical was traced to contaminated wheat gluten imported from China.

In April, lawyers for representing plaintiffs and dozens of companies announced they had struck a deal for pet owners in the United States and Canada.

Under the terms, even those who did not keep any receipts for either the pet food or the costs of the pets' illness and death could get up to $900 per animal.

If any money is left after all plaintiffs are paid, it would go to animal-welfare charities.

But the agreement did not include any money for the humans' pain and suffering from injuries to their pets. That has upset some pet owners.

One, Donna Elliott, of Fries, Virginia, for instance, sent U.S. District Judge Noel Hillman a picture of her late boxer, Abby.

"How do you answer the statement on the claim form, what was the value of your pet?" she asked. "My companion was everything in the world to me."

In one court filing, the parties that struck the settlement explained: "This settlement does not pretend to do what it cannot - which is to make people fully whole for their incomprehensible losses." The filing said, "The settlement is, however, a reflection of strenuous efforts to secure the maximum economic relief available."

As of Sept. 30, more than 9,500 people in the United States and Canada had made claims, while just over 100 people had preserved their rights to sue separately. Relatively few - 28 - had filed objections to the settlement.

[sandy2cute]

My pet is really sick, and I think it is from the pet food. They can''t find any other reason for her to be ill. I cry when I look at her, the vet says she isn''t suffering from pain, but looking at her breaks my heart. She used to be so full of life, big and beautiful. Now she looks like a stray. Everything about her is pathetic. I hope the ones responsible for this has something terrible happen to them, they deserve it for what they are putting us through! I love my cat.

[barbaram99]

The tained items came from China..I am sorry their pets were killed and hang it there as I hope this is settled. People do win them. I have not. I know of a person that has. If this nation would make the things wr then maybe this would not happen as much. Why did they leave out the US company,

[erasmus81]

"The case began in March 2007, when companies that make or sell pet food - including Menu Foods Income Fund, which makes dog and cat food under about 90 brand names from its base in Streetsville, Ontario - agreed to settle lawsuits with pet owners."

I find it NOT so funny, how the Canadian company is ALWAYS mentioned, but NEVER the American company, which is where the Canadian company got the ingredients from!