Chicago Woman Sues Over Pet Food Recall

[RamboLiberal]

Source: CBS

A Chicago woman sued Menu Foods on Tuesday, alleging the pet food manufacturer delayed announcing a recall of 60 million containers of dog and cat food despite knowing its products were contaminated and potentially deadly.

Dawn Majerczyk, 43, said her orange tabby, Phoenix, fell sick last week just two days after he ate a single package of Special Kitty. It is one of 95 cat and dog food brands recalled by Menu Foods of Canada. Friday's recall came two weeks after nine cats died during routine company taste tests of its products, the Food and Drug Administration said.

Majerczyk said she took the 9-year-old cat to its first-ever veterinarian visit the day of the recall. The cat had lost six pounds in four days and was lethargic, dehydrated and nearly blind. She returned over the weekend to have him put down after his organs began to fail. Her suit, filed by Chicago attorney Jay Edelson, seeks class-action status.

“I want my vet bills and I want some compensation for what they did to my kids — and for the company's neglect,” Majerczyk, a medical assistant in a dermatology office.


Read more: http://www.cbsnews.com/stories/2007/03/20/national/main2590696.shtml

---

I hope this company pays dearly!

[RamboLiberal]

1. I want to add this little nugget from the CBS story

FDA inspectors had never before visited the Kansas plant. The FDA warned the company following a 2004 inspection of its New Jersey factory after it failed to flag food made for zoo cats of the risk of mad cow disease if the product were fed to cattle.

[Digit]

8. Wait a sec...isn't there supposed to be an issue sterilizing utilsils?

If these kinds of plants are so lax, I should be using plastic spoons I don't use on my own food anyway.

[Blue Diadem]

29. I wonder if they keep that possible mad cow food away from the other pet food?

Something tells me no.

Thanks for posting that extra bit. I don't always read the entire article at the link.

[NAO]

2. What Law Firm is Handling the CLASS-ACTION Lawsuit?

Because there is a REAL NEED for a massive class-action lawsuit.

Yes, pets are considered to be mere "property", but if Penzoil put out oil that ruined thousands of cars, and cost consumers hundreds of thousands in mechanic bills, you bet there would be a class-action lawsuit.

This is criminal. What did they know and when did they know it? How many pets had "mysterious illnesses" and had to be put down or died at home, in the past 4 months, and their owners left in tears with massive vet bills? How long did they "evaluate" the problem before making the (business) decision to do a recall? How many pets had to die before they decided it would hurt their bottom line more to let it continue than to do a recall?

[RamboLiberal]

5. They knew for several weeks

They started doing tests then that killed 7 animals in their lab.

[Bjornsdotter]

6. Also

...how can you prove that your animal ate that food. I've bought the Nutro but I didn't save my receipts, so how could I or any other pet owner prove it was their food. Will the vets in these cases stand up and can they legally?

Fortunately, my puppy didn't like it so I ended up throwing it out....but I DID donate about 5 cans to an animal shelter. I hate to think that they may have been effected by tainted food.

Cheers

[NAO]

9. documentation: Vet bills, due to rapid onset acute renal failure

and the vets patient files that document blood test results, procedures performed, cause of death (acute renal failure, unknown etiology, otherwise healthy pet, BUN+creatinine off the chart)

IAMS has already pre-emptively offered to pay all vet bills for people who can prove illness as a result of exposure to food. They may be stepping up to the plate, or they may be trying to limit damages by setting precedent for what constitutes "proof", how much bereaved owners are paid, etc.

***

My kitten was repeatedly offered, and repeatedly refused the tainted food. I thought I had the world's pickiest cat - he would only eat Fancy Feast Green cans or Sheba (the two most expensive types). I thought I was paying 15-50 cents more per can for a fancy label, but I decided it was not that much, so I'll buy it. Now I feel like our family has dodged a bullet. He was only 8 weeks old when we got him, and started putting that crap in his food bowl...

[Bjornsdotter]

16. I hear you

...my puppy (9 months) was very sick when we got him, he was not expected to live.

We bought a few cans of the Nutro and he refused to eat it, now I'm wondering if it was tainted and he could tell or if he was just being fussy. Either way, I feel that we were lucky.

Cheers

[Shallah Kali]

42. did you pay with credit or debit card? the store might have the record

on their copy of the recipt electronic or otherwise?

I am lucky. My furkids refuse to touch the chunks in sauce type foods. I feed them nutro dry and innova wet.

[emilyg]

3. Sue the Hell out of them

i'm anxiously watching my cats - thought I was being good to them feeding them Iams.

[Bjornsdotter]

7. It is scary

...especially when you think you are doing the right thing.

:hug: to you and your fur babies.

Welcome to DU!

Cheers

[Bjornsdotter]

4. Huh?

Am I reading this right? The cat was 9 years old and had never been to the vet for a check-up?

While I think that Menu Foods should be held accountable for the animals who have suffered, I'm not sure if this is one of them. Maybe it is, I'm not a vet... but I have to question if the cat was sick prior to eating the food. It seems possible if it is true that the cat had never been to the vet before.

Cheers

[NAO]

10. Gradual Renal Failure is common in cats; acute onset is usually poisin

The vet often can tell the difference, even if she only sees the end stages.

This may well have been a genuine case.

[Bjornsdotter]

13. I agree

...I had a cat that died of renal failure, but I would still have to question an animal that had never been to the vet.

Either way the cat is dead and my heart does go out to the family.

Cheers

[kestrel91316]

33. We can indeed tell in most cases. I won't say exactly how, so as

to avoid giving anybody any ideas about what to say to fake a case.

[niyad]

12. if the cat had never been sick, there would have been no need for a vet, now would ther

I know many people with cats that have never been immunized, and whose cats are doing very well--even at 15, 17, 20, etc.

[Bjornsdotter]

17. Sorry I disagree

I've had "indoor cats" and they were taken to the vet regularly.

I would think that since there is no record of this cat ever seeing a vet, there is no baseline info. This cat could have had a previous condition that the owner was unaware of.

BTW, one of my cats died at 9 years old from renal failure, my vet told me it was not uncommon.

I'm not saying this cat was not a victim, it could well be...I'm not a vet. I am saying that it seems odd that the cat had never been to a vet.

Cheers

[TheMadMonk]

18. Some of us from the bush take a more laid back approach.

Some of our animals go an entire lifetime without seeing a vet, except for shots, others more than make up for it. Luck of the draw. Extra vet visits would have saved none of our lost ones except through sheer chance.

[qanda]

22. I was thinking the same thing

How would they know the cat wasn't having other issues if it had never been to a vet. The records would be proof that the cat was healthy.

[kestrel91316]

35. She's gonna have a REAL tough time making her case with no

medical documentation of prior good health.

There are MANY MANY animals, however, with documented normal blood and urine tests and excellent health in the very recent past who have been killed or sickened by this, however, and in those cases the companies are basically opening their wallets and paying for all the care up front, no need to sue.

Iams is paying for all care on animals sick because of their food. They have stepped right up to the plate and i applaud them.

[kestrel91316]

34. Sadly untrue. Cats and dogs, even though they appear to be

healthy, need a checkup at least once a year, more when they get older.

It is 2007, not 1957. We can diagnose many bad diseases very early now, LONG before any symptoms become apparent to an owner. The days of practicing "fire engine medicine" are over............there is NO EXCUSE in most cases for a client to call and cry "Help, my cat has fallen and can't get up, and hasn't eaten for 3 months and is wasting away...........PLEASE SAVE HIM, DOC!!!!!..........he hasn't been to a vet since he was a kitten.....""

These ARF cases, however, are hyperacute, meaning EXTREMELY rapid onset of symptoms and collapse, in many cases too quickly for even veterinarians to detect it and save their OWN animals.

[Whoa_Nelly]

11. My dog became ill after eating IAM's weight loss chicken w/gravy wet food foil pouch

several times this last February. She immediately vomited after eating it. I thought it had something to do with just her. (She's old, a recent rescue dog, and tends to inhale her kibble/wet food mix) Luckily, she just had the runs afterward, and didn't have bad after effects.

Have written to Iam's about it. This was in February, And the other day she became ill after eating Mighty Dog canned. Wrote to them, too.

She is now on dry food forever.

[Pugee]

24. Petconnection is trying to document as many cases of ill animals as possible

http://www.petconnection.com/

I have a feeling that there will be hundreds not counted due to people not reporting it, but they are trying to see how bad the problem has been. As of 6pm Tuesday, (last night!) they have had 256 deaths reported and over 600 reports including deaths and illness.

[Whoa_Nelly]

27. Thanks, Pugee

I appreciate the link! :hi:

[NAO]

14. Lawsuit in progress...seeks CLASS ACTION status

http://www.cbsnews.com/stories/2007/03/20/national/main2590696.shtml

snip...

(AP) A Chicago woman sued Menu Foods on Tuesday, alleging the pet food manufacturer delayed announcing a recall of 60 million containers of dog and cat food despite knowing its products were contaminated and potentially deadly.

Dawn Majerczyk, 43, said her orange tabby, Phoenix, fell sick last week just two days after he ate a single package of Special Kitty. It is one of 95 cat and dog food brands recalled by Menu Foods of Canada. Friday's recall came two weeks after nine cats died during routine company taste tests of its products, the Food and Drug Administration said.

Majerczyk said she took the 9-year-old cat to its first-ever veterinarian visit the day of the recall. The cat had lost six pounds in four days and was lethargic, dehydrated and nearly blind. She returned over the weekend to have him put down after his organs began to fail. Her suit, filed by Chicago attorney Jay Edelson, seeks class-action status.


http://www.cbsnews.com/stories/2007/03/20/national/main2590696.shtml

[kestrel91316]

36. Lost 6 lb in 4 days? Unlikely.

[niyad]

15. k & r--I am so very glad that my kits have NEVER liked any of the expensive foods, and I refuse to

shop wal-mart.

I cannot believe they waited so long to tell people--like so many others, I have to wonder how many sick and dead companions this delay has caused, how many heart-broken, grieving families.

[sandnsea]

19. It's a huge list of generics

Lots of store brands. It's the cut meat in gravy kind, whether it's canned or pouched. If your animals eat that kind of food, they might be at risk.

[Catchawave]

20. The Bushies can't even protect our pets !

Doesn't this just reek of another sloppy official doing a "hecka of job" in the FDA?

[Eurobabe]

21. Come on someone give this a 5th rec!

This bastard company needs to know what pain is! Boycott their products and tell your friends!

[Virginia Dare]

23. Lots more to come...

this thing hasn't even hit the fan yet..

[footinmouth]

25. I think we dodged a bullet

My 12 week old puppy ate through a Nylabone in early February and had to go to the emergency clinic. They fixed her up and told me to keep her on a soft food diet for the next 2 days. I bought a couple of the foil packs (Iams), mixed one with her kibble and she refused to eat it. Smart girl. She was already sick from eating the non-edible bone. Had she eaten the tainted food, we would never have known the difference.

[thethinker]

26. What keeps bothering me is

Menu Foods will not give the name of the company they bought the wheat gluten from. They have said it was a broker that had several sources. They have refused to give the broker's name or his sources. This could have been solved much faster if they were not trying to protect their source.

There are thousands of vets around the country trying to treat cats and dogs. They don't know for sure what caused it. I have a cat in the hospital at the moment.

I called the FDA for my state to report a sick animal. They said they had hundreds of calls already since their number was published on the news. They said the problem is huge. They still do not have any information about what caused it.

I have also read that the cats and dogs get sick right away after eating it. So, my cat probably is sick from food she ate last week. If they had announced this earlier I would not have even purchased the food, much less fed it to the cat.

[wordpix]

31. blaming it on wheat gluten is a red flag--who has ever gotten sick on wheat vs. contaminated meat?

My guess the cause is some bacteria from contaminated meat from some completely unsanitary source. :eyes: :grr:

[kestrel91316]

38. Wheat is subject to frequent and sometimes heavy contamination

with various fungi which produce mycotoxins.

Ochratoxin, produced by Penicillium verrucosum, was initially suspected here (it causes acute renal failure) but has not yet been detected in toxicological analyses. Some fungal toxins can be EXTREMELY difficult to detect.

Bacterial contamination would cause gastrointestinal disease for the most part, which does not fit this scenario.

Epidemiologists and toxicologists at university vet schools around the country are working overtime trying to find the culprit. Let's hope the ultimately do. It's not guaranteed they will.

[Lone_Star_Dem]

39. I do hope they find the exact cause

If not then we may see this happen again. That is unless they (whomever provided the tainted ingredient) know what was wrong with it and don't wish to relive this nightmare.

[kestrel91316]

40. Lawsuits will allow records of the supply chain to be subpoenaed.

[kestrel91316]

37. That broker had better PRAY their name doesn't get out.

They won't be physically safe.

[pampango]

28. I hope, and expect, that she will win this case and a large

judgment.

The irony - I commented to my wife last night that the woman in Italy who lost her vision after giving birth, after being denied an abortion even though three doctors told her this would happen if she gave birth, won a lawsuit and damages of $33,000. Either Italian laws or lawyers are screwed up if that is all you are compensated for losing your sight.

In the good ol' USA I expect that the folks that lose a pet to this corporate malfeasance will eventually receive much more than this. And by rights should.

[RamboLiberal]

30. Vet's Online Database Tracking Deaths/Sick Pets from Tainted Food

http://petconnection.com/

Update: As of 6 p.m. Tuesday, nearly 250 pets have been reported as dead to our PetConnection database.

***

Pet-lovers are understandably worried about the massive, voluntary recall of many brands of pet food and reports of pet deaths. Involved are house brands sold by retailers and products from pet food companies. The recall involves "wet" food in cans or pouches.

At PetConnection, we are tracking the number of sick pets, and we're asking for your help. We're also keeping on top of the situation on our Web log.

http://www.kxly.com/news/?sect_rank=1§ion_id=559&story_id=9484

At the North Idaho Animal Hospital in Sandpoint, Dr. Marty Becker says the phones are ringing constantly with pet owners calling, worried they fed their dog or cat one of 95 brands of "Cuts and Gravy" style food recalled last week.

“I would say the overall mood across the country is still panic,” Dr. Becker said. “Because it's not like a threat you can see. You can protect your dog or cat from an oncoming car or angry dog but this is an invisible threat.”

Dr. Becker says that when news of the pet food recall began to spread he knew he needed to start tracking just how widespread the problem is. On Sunday Dr. Becker began compiling reports in a database on his website petconnection.com. On the website pet owners who believe their animal has been affected by the tainted food fill out a short form.

“I think we are going to be surprised by two things. Number one the problem is much larger than being reported right now, and number two it may be confined to more metropolitan areas,” Dr. Becker said, explaining that in metropolitan areas pet owners are more likely to use this kind of food.

[NotGivingUp]

32. class action lawsuit!!! they deserve it!!!

[NAO]

41. petconnection.com database: 1120 sickened; 502 dead from recall food

As of 5 PM EST, Wednesday March 21, petconnection.com has received reports of 1,120 animals sickened; of those 502 are dead.

http://www.petconnection.com/blog /

Petconnection.com is run by a high profile veterinarian. He realizes - as I hope everyone here does too - that the "10 dead cats" story the media keeps repeating is absolute nonsense. The problem is MUCH larger than this.

Lots of veterinarians have LOST THEIR OWN PETS to acute renal failure and their clinics have seen very abnormally high numbers of unexplained acute renal failure over the PAST FEW MONTHS (the poisoned food was on the shelves for nearly FOUR (4)MONTHS before the recall of 60 MILLION packets was finally issued on March 16.)

If you have had a pet in your family become seriously ill from kidney problems anytime since December - whether the pet is still with you of even if it passed or was euthanized months ago - petconnection.com needs you to enter your case into their database. Their site also directs you to the FDA site, with instructions on reporting the problem to the FDA.

Link to petconnection.com database entry form (with links to FDA reporting site):
http://www.petconnection.com/recall /

I sincerely hope that this nightmare ends soon, and that the worst is behind us - but even with top animal scientists and independent analytical labs working overtime, the STILL do not know what is making the pets sick. And the public perception that it has "killed 10 cats" only makes the problem seem minor, when it is in fact enormous.

THREAD ON THIS TOPIC HERE:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=471612&mesg_id=471612