Anne Bucher  |  September 6, 2017

Category: Closed Class Actions

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baby-wipes-recall

A $650,000 settlement has been reached in a class action lawsuit alleging certain baby wipes manufactured by Nutek Disposables Inc. were contaminated with a type of bacteria that caused some users to suffer skin infections and other symptoms.

If you purchased or used baby wipes manufactured by Nutek between Oct. 25, 2013 and Oct. 25, 2014, you may be entitled to payment from the baby wipes recall class action settlement.

The proposed baby wipes recall settlement will resolve class action lawsuits filed against Nutek, First Quality Enterprises Inc., First Quality Consumer Products LLC, Wal-Mart Stores Inc., Family Dollar Stores Inc., Walgreen Co. d/b/a Walgreens, Fred’s Inc. and Fred’s of Tennessee Inc., alleging these companies sold, manufactured, distributed or marketed contaminated baby wipes products.

The baby wipes class action lawsuits allege that certain Nutek baby wipes were contaminated with the bacteria Burkholderia cepacia, which allegedly caused some individuals to develop skin irritation or infections, bacterial genitourinary tract infections or other symptoms. The affected Nutek baby wipes were recalled due to this bacterial contamination.

The defendants deny any wrongdoing and believe the contaminated baby wipes class action lawsuits are without merit. However, they have agreed to a baby wipes class action settlement to avoid the cost and risk of ongoing litigation.

The Nutek baby wipes class action lawsuit was preliminarily approved on June 15, 2017.

The deadline to opt out of or object to the baby wipes class action settlement is Nov. 27, 2017.

Who’s Eligible

Class Members of the Nutek baby wipes settlement include anyone in the United States who:

  • Purchased or otherwise acquired Nutek baby wipes between Oct. 25, 2013 and Oct. 25, 2014;
  • Are the parent or guardian of a minor child who purchased or acquired Nutek baby wipes between Oct. 25, 2013 and Oct. 25, 2014; or
  • Was exposed to the Nutek baby wipes purchased between Oct. 25, 2013 and Oct. 25, 2014 and the exposure to the baby wipes resulted in a Qualifying Symptom (defined below).

The Nutek baby wipes covered by this class action settlement include those that were subject to the recall, including (but not limited to) those sold under the following brand names:

  • Cuties
  • Diapers.com
  • Fred’s
  • Kidgets
  • Member’s Mark
  • Simply Right
  • Sunny Smiles
  • Tender Touch
  • Well Beginnings

Femtex brand feminine wipes are also covered by this Nutek class action settlement.

Under the terms of the Nutek baby wipes class action settlement, Qualifying Symptoms include one or more of the following symptoms or conditions (including emotional distress or mental anguish) caused by exposure to Burkholderia cepacia from use of the Nutek baby wipes:

  • Skin infections or irritation including dermatitis, folliculitis, rash, abscess or boil caused by Burkholderia cepacia;
  • Bacterial genitourinary tract infections caused by Burkholderia cepacia;
  • Recovery of Burkholderia cepacia from any location on the Class Member’s body where an infection occurred from the use of, or exposure to, the recalled Nutek baby wipes; or
  • Pneumonia or bacteremia in persons with a primary or secondary immunodeficiency disorder who have a chronic lung disease such as cystic fibrosis, bronchiectasis or chronic granulomatous disease where the condition is caused by Burkholderia cepacia
Potential Award

There are three categories of claims that may be made for the Nutek class action settlement.

Category 1 Claims (up to $9): Anyone who purchased or acquired any of the recalled Nutek baby wipes may file one or more claims to receive a potential maximum payment of $9. The actual amount Category 1 claimants will potentially receive depends on the date they purchased the Nutek baby wipes and whether they returned the baby wipes for a full refund.

Category 2 Claims (up to $15): Anyone who suffered a bodily injury or any of the Qualifying Symptoms of a minor or insignificant nature as a result of their use of the recalled Nutek baby wipes may file a claim to receive a potential payment of up to $15.

Category 3 Claims (up to $750 for transitory symptoms, and up to $8,000 for non-transitory symptoms): Anyone who suffered Qualifying Symptoms of a transitory nature as a result of their use of the recalled Nutek baby wipes may file a claim to potentially receive a payment of up to $750. Anyone who suffered Qualifying Symptoms of a non-transitory nature may file a claim to potentially receive a payment of up to $8,000.

NOTE: Payments may be reduced on a pro rata basis depending on the total number of Class Members who file timely and valid claims.

Proof of Purchase

Class Members who did not receive an email or postcard notice of this Nutek class action settlement that included a unique Claimant ID number must submit proof of purchase.

Category 3 claimants must provide documentation of their treatment costs, such as dated medical bills, receipts, credit card statements or bank statements to provide evidence of payment for treatment of their claimed Qualifying Symptoms.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/29/2018  UPDATED

Case Name

Jones, et al. v. Wal-Mart Stores Inc., et al., Case No. 14-cv-6305, in the U.S. District Court for the Eastern District of New York

Final Hearing

2/28/2018  UPDATED

UPDATE: The Nutek Recalled Baby Wipes Class Action Settlement was granted final approval on February 28, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.JonesvNutekClassSettlement.com

Claims Administrator

Recalled Baby Wipes Settlement Administration
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55402-0614
1-888-218-0349
info@JonesvNutekClassSettlement.com

Class Counsel

JONES WARD PLC

LAW OFFICES OF PAUL WHALEN PC

SIPRUT PC

Defense Counsel

GORDON & REES LLP

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55 thoughts onNutek Recalled Baby Wipes Class Action Settlement

  1. Diamond says:

    Any updates on this settlement? Or when checks may go out?

    1. Top Class Actions says:

      No word on how quickly claims will be paid. It could potentially take the settlement administrator several months to review and process claims. We will let our viewers know as soon as we learn checks are in the mail.

  2. Tina Maria says:

    Do anyone know if it were any appeals filed?

  3. Greg says:

    We should be getting checks soon.

    1. Diamond says:

      Hopefully there won’t be any appeals!

      1. Curious says:

        Christina I get that but they should have been work on the claims since the claim deadline which was 1/28. That’s about two months so it shouldn’t take that long but I’m sure it will. TCA can you please update us with some info on this settlement.

        1. Top Class Actions says:

          The settlement was granted final approval on 2/28/18, and there have not been any appeals filed. However, class counsel has asked for clarification on plaintiff monetary awards. The judge has not ruled on this request yet. So, it’s not known right now how quickly claims will be paid.

  4. maretta McKenzie says:

    Ive used these products on myself and my children both resulting in bad rash please send me information needed to file my claim PLEASE.

  5. Danielle cox says:

    We used these wipes on a disabled person an caused horrible infection. Of course we dont have proff of purchase that many years ago so good job company no one will actually get any funds from all the of your horrible product.

    1. Top Class Actions says:

      Class members have the option of both objecting and opting out of the settlement: https://secure.dahladmin.com/NUTEK. The FAQs on the settlement website provide instruction on how to do both.

  6. Stephanie Jean Wilson says:

    Hoe the hell you expect to help or reimburse someone when nobody keeps receipts from 3-4 yrs ago. That’s just a way for them to get out of helping the ones they hurt, especially infants, that’s just sad.

    1. Top Class Actions says:

      Class members have the option of both objecting and opting out of the settlement: https://secure.dahladmin.com/NUTEK. The FAQs on the settlement website provide instruction on how to do both.

  7. Jessica Ramirez says:

    Nobody is going to receive any unique ID card in the mail because there is no way to trace the purchase unless you kept your reciepts. So this lawsuit works against the cunsummers and aids the faulty product company.

    1. Top Class Actions says:

      Class members have the option of both objecting and opting out of the settlement: https://secure.dahladmin.com/NUTEK. The FAQs on the settlement website provide instruction on how to do both.

  8. Amy West says:

    We used these but just got rashes an didn’t need to go to doctor but have not received any thing about but need to be included so how do we do that cause it was not only myself but the whole family that Got rashes from them but just thought it was nothing . So please help .

    1. Top Class Actions says:

      There are several claim filing options, you need to review the settlement website in detail: https://secure.dahladmin.com/NUTEK/Index

  9. An Angry Mother says:

    I lost count of how many boils my daughter got after using these wipes. She continued to have them for YEARS after we stopped using them. She was in so much pain and on so many different antibiotics when it kept coming back. Our doctor had us drain them when they got to a certain point. She was finally diagnosed with MRSA type 2: community acquired almost two years after the fact. I’m angry that this can happen and they deny it. They didn’t have to comfort her and hold her when it hurt, they didn’t have to drain them and hear her cry. 15$ for that is awful.

    1. Top Class Actions says:

      There is a claim filing option for more than $15 for medical issues. You need to review the settlement website in detail: https://secure.dahladmin.com/NUTEK/Index

  10. Melissa Proctor says:

    Absurd that they would want receipts from 3-4 years ago! With two little ones in diapers I purchased the big boxes of simply right and members mark from Sam’s club once to twice a month. Both of my babies ended up with boils and my littlest had to have one lanced open. My oldest could not get rid of whatever bacterial infectious boils to the point where we had to see an immunologist 7hrs away in San Francisco! Now that we no longer use wipes, poof…. gone! Biggest bunch of bologna I’ve heard!

    1. Marianne Sandling says:

      You can go to Sam’s Club and have them pull the purchase records showing dates of purchases… call the main offices if your local store cannot assist… I WISH I had that option… I RARELY keep receipts for LARGE items… much less baby wipes!!! Crazy. What’s more, is I used them for my special needs child & disabled husband… neither of whom QUALIFY. Lovely.
      I’m glad for you that you no longer have this issue…
      God Bless!

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