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A New York resident has filed a class action lawsuit against Diamond Pet Foods claiming her dog Benji died after eating dog food tainted with Salmonella. She claims Diamond Pet Foods should have known its dog food, sold under various brand names at Costco, Wal-Mart, Target, PetSmart and other large retail chains, was contaminated.
Plaintiff Barbara Marciano is suing Diamond Pet Foods and Costco for negligence, among other things, relating to the death of her dog after he consumed Kirkland Signature Nature’s Domain dog food purchased at Costco on April 11, 2012. The brand was one of 11 Diamond Pet Foods brands recalled due to Salmonella starting on April 6, including:
Kirkland Signature
Apex
Canidae
Chicken Soup for the Pet Lover’s Soul
Country Value
Diamond
Diamond Naturals
Premium Edge
Professional
4Health
Taste of the Wild
[Go to DiamondPetRecall.com for information on the Diamond Pet Food recall.]
During the Diamond Pet Foods recall, the FDA made four observations related to unsanitary and unsafe conditions at a Diamond manufacturing plant in South Carolina, the class action lawsuit says. The FDA’s investigation revealed at least 14 people from nine states had been infected by the Salmonella outbreak after handling contaminated Diamond pet food.
This is not the first Diamond Pet Food class action lawsuit filed over the Salmonella outbreak. A New Jersey couple filed a class action lawsuit against Diamond and Costco in May after their infant son was sickened by tainted Kirkland dog food they purchased at Costco, causing him to spend three days in the hospital with gastrointestinal injuries.
Marciano is suing Diamond Pet Foods and Costco on behalf of all U.S. consumers who purchased the recalled Diamond pet food. She is seeking actual and consequential damages; treble damages; reimbursement, restitution and disgorgement; injunctive relief and more.
A copy of the Diamond Pet Foods Salmonella Recall Class Action Lawsuit can be read here.
The case is Barbara Marciano v. Schell & Kampeter, Inc. d/b/a Diamond Pet Foods, et al., Case No. 12-cv-2708, U.S. District Court, Eastern District of New York.
UPDATE: Class Members report that they have begun receiving settlement checks.
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12 thoughts onDiamond Pet Foods Salmonella Recall Class Action Lawsuit
I am still having trouble with my baby all these months later. I am so angry over this dog food, since being fed the tainted food, she has had nothing but stomach problems, refusing to eat, constant swallowing, vomiting. The poor dog lives on Prilosec, Zantac and tums, this was a happy healthy 2 and a half year old dog. The weekend before christmas she refused food and I was using a syringe to get pedialyte in her until the vets reopened 4 days later. I am sitting here typing this with her having tummy troubles right now. This is just wrong!!!
I bought Diamond Performance Formula in late Nov. 2012 and fed it to my 5 dogs. All was well for several days then my 5 year old Cur got lethargic–wouldn’t eat, I force fed her, she got worse. Bloated up big, next day bigger, this was on Sat. and Sun–no vet open here. Sunday morning (12/23/2012) she came out of her doghouse and fell over dead! A second dog had been sick and bloated for 2 days, Second day she started to come out of it–she lived and is ok now. But losing A PERFECTLY HEALTHY and happy dog like this is so sad. I want this dog food producer to have to pay all of us for our dogs–these dogs are my kids and I love them dearly. I want to join the lawsuit and I’m calling today.
I just lost my Labrador Retriever to this last recall. She was sickened in April of 2012 by Diamond Lamb & Rice. She was treated by her Vet and Diamond did reimburse me for her Vet bills at that time. Although she appeared to get a little better after her last check up in June, she never stopped having diarrhea. Her Vet instructed me to give her hamburg and rice until she gained her strength back. In Sept I carried her into the Vet as she lost her ability to walk. After keeping her for a few days and running numerous tests she was brought home to be made “comfortable”.
I just now got off the phone with Mark Schell, VP of Manufacturing at Diamond and he still denies that any dogs got ill or died from the last recall. Couldnt explain why Diamond paid my Vet bills. I am interested in getting involved in this suit or at least communicating with others who were victims. Please contact me at swforge@rochester.rr.com
I waste of the purchasing Taste of the Wild in Louisiana..was feeding all 3 of my dogs that–a 60 month old gsd, a 7 yr old lab and a 12 year old yorkie..all three got sick–the food was the only thing they all ate–after thousands of dollars of vet bills and 3 months–my yorkie died of liver disease– i know that is what caused her death–they need to be put out business
To join this class action against Diamond the dog poisoner, call 1-800-449-4900. Tell them you want to join the dog food class action.
They will help you.
The firm handling this lawsuit is Robbins, Geller, Rudman & Dowd, the New York location.
I myself lost a pet, and joined this class action yesterday.
Good Luck!
Linda
My 23 years old pet retail business has served customers only pet food that was suppose to be high quality and safe. I myself do not feel OK about selling any labels holistic foods but the problem is one of anti trust as diamond company makes about 75% of the holistic pet food labels on the market. I have had billions of dollars worth of free press from my biz. because I stood on the premise if it is not safe I do not make it or sell it. Kampeter who personally told me that Chicken Soup was his top line food and would always be safe. What is worse the non disclosure the company and delays they acted out for so long. I was told the food shortages were do to a new plant being opened up in California. Diamond gambled that some dogs would get sick but not all and all would not die. Guess they felt the same about the humans that were or could be sickened and my biz reputation. Diamond has ended my life’s work. My main source of work and income since 1990 is affected.
I have a voicemail from the reps at Diamond from yesterday who called and admitted that my dog’s food was tainted and are now wanting to reimburse me for all medical costs, etc.
Same thing happened to BOTH my dogs who are seniors. Chicken Soup for the Dog Lover’s Soul made them violently ill for days until I took them to the vet for antibiotics. Within 3 days of opening the new bag, they developed symptoms. Diamond is stating that not one dog has been sickened by the tainted food, but that’s only because they are forcing dog owners to PROVE this and without the dog feces it is impossible to do so (who keeps dog feces???.) Vets are not equipped to test feces for the salmonella strain they require to prove their case, so they are essentially getting away with murder. I want in on this class action suit as well. Feel free to contact me. I have the vet bills and records to substantiate their illnesses as well as the bag of dog food and product codes for the food.
How do I get in on this class action? I called over 12 attorney’s and no one would take my case. My dog has Salmonella from Chicken Soup for the pets lovers soul! She has been to the vet twice and to the ER. My dog is my child! Attorney after attorney only cared if a human attracted the virus, not my dog. Hello the food is made for dogs therefore, the company and the store both need to be held liable. I’m so sorry for your loss and completely understand how you feel.
Recently spent approx $2000 in vet bills for GI-related issues in my dog that eats Diamond Taste of the Wild.