Hagens Berman Sobol Shapiro Announces Settlement in Menu Foods Products Liability Case

Hagens Berman Sobol Shapiro (HBSS) announces the preliminary approval of the proposed settlement of all claims in the In re Pet Foods Products Liability Litigation, the lawsuits against the Menu Foods Company and other companies related to the recall of pet food and pet treats beginning in March 2007.

The lawsuits alleged that the recalled products were tainted with contaminated wheat gluten or other ingredients and that as a result pets became ill, died or were subjected to health screenings.

If finally approved, the settlement -- which covers class members in the U.S. and Canada -- will provide a cash settlement fund of $24 million.

After the award of attorneys' fees and costs as approved by the court, the balance of the fund will be distributed to injured pet owners whose pets consumed the food and who suffered economic damages as a result.

Pet owners will be entitled to recover up to a 100 percent cash payment of reasonable, documented economic damages.

Pet owners may also receive payment of up to $900 for other reasonable and valid economic damages for which they do not have documentation.

Economic damages may include veterinary screening or treatment costs, death-related expenses, pet purchase price or new pet costs, and property damage, among others.

In addition to the monetary recovery, the pet food manufacturers have agreed to continue testing programs designed to detect melamine and cyanuric acid in wheat gluten and rice protein imported from China.

Judge Noel Hillman, U.S. District Court for the District of New Jersey, preliminarily approved the settlement at a hearing on May 30, 2008. The final approval hearing is scheduled for October 14, 2008.

A court-approved notice will be mailed to pet owners whose addresses are known. In addition, the notice and claims form will be posted on this Web site later this month.

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