In 2012, a New Jersey father sued Diamond Pet Foods and Costco, claiming that his 8-week-old son was sickened by recalled Salmonella-tainted dry dog food he purchased.
This week, it was reported that Diamond Pet Food and Costco have begun paying settlements to Canadian pet owners who say their pets required screening and/or treatment, or the pets died, after they were exposed to Salmonella in 2011 and 2012.
In the 2012 case, lawyers for Nevin Eisenberg of Marlboro, New Jersey, USA, filed a lawsuit in a New Jersey federal court that alleged his infant son was hospitalized by a strain of Salmonella infantis that was found in pet food made at Diamond’s Gaston, South Carolina, USA, manufacturing plant. The lawsuit, which was reportedly the first linked to the recall outbreak, also involved Costco Wholesale Corp., where Eisenberg purchased the pet food, and whose Kirkland Signature brands of dog and cat food were among those recalled.
Eisenberg's suit claimed the infant developed severe diarrhea, fever and loss of appetite, and “[m]oreover, he was in obvious pain and was extremely uncomfortable.”
A class action lawsuit was later filed against Diamond Pet Foods and Costco, after pet illnesses and some deaths occurred. While admitting no liability, the companies recently agreed to settle the lawsuit to avoid lengthy litigation. The settlement was announced in March 2016.
The class action filing says one consumer’s dog became extremely ill after eating Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula – a Diamond Pet Food Brand made for Costco – and required treatment and lab tests by a veterinarian.
The companies told the consumer about the Salmonella contamination but would not compensate the consumer for the veterinary bills because the consumer did not have an empty bag or proof of purchase for the dog food.
A father in New Jersey is reportedly suing Diamond Pet Foods and the place of purchase, Costco, claiming that his 8-week-old son was sickened by recently recalled Salmonella-tainted dry dog food he purchased.
By Lindsay Beaton
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By Lindsay Beaton