The Seresto Lawsuit Preliminary Settlement: A Summary
As concerned Doberman owners, we owe it to our furry family members to stay up to date on topics that concern their health and well-being. Lately, Seresto, a popular flea and tick prevention collar, has come into the limelight due to many pet owners’ claims that their pets experienced severe harm or succumbed due to the harmful pesticides emitted by the product. For your convenience, we have summarized the preliminary settlement of the lawsuit for you in this blog article.
What’s a Preliminary Settlement?
A preliminary settlement in a class action lawsuit occurs when parties agree on terms to resolve claims for the class and seek the court's initial approval. The court reviews if the settlement seems fair, reasonable, and adequate, considering factors like representation quality, negotiation process, relief adequacy, and member equity. After preliminary approval, notices are sent to class members before a final decision is made.
Preliminary Settlement Summary
The settlement document outlines the preliminary approval of a class action settlement in a lawsuit against Elanco Animal Health, Inc; Bayer Healthcare LLC; Bayer Healthcare Animal Health, Inc.; Bayer AG; and Bayer Corporation. The lawsuit pertains to allegations regarding Seresto flea and tick collars, where the plaintiffs, a group of named individuals, claimed they purchased products with allegedly false or misleading labeling, which led to injuries to their pets.
Key points include:
Settlement Agreement: The parties have agreed on a settlement, which includes monetary compensation for class members who submit valid claims (filing deadline 180 days after Dec. 21st, 2023). This includes payments for each Seresto Collar purchased, with specific amounts for pets that suffered non-fatal or fatal injuries due to the product.
Class Representation: The named plaintiffs are found to represent the interests of the settlement class adequately. This class consists of all individuals in the U.S. who purchased the Seresto product for personal use (not for resale) before a specific date.
Settlement Terms: Defendants agreed to pay $15 million. “…Settlement Class Members are eligible to receive $13.00 for each Seresto Collar they purchased per pet, up to a maximum of $26.00 per pet with no Valid Proof of Purchase and with no limitation with Valid Proof of Purchase. In addition, for those Settlement Class Members whose pets allegedly suffered non-fatal injuries, those Settlement Class Members are eligible to receive $25.00 per pet or 100% of their out-of-pocket, non-reimbursed costs paid by the Claimant for medical treatment for their pet evidenced by documentation. Finally, for those Settlement Class Members whose pets allegedly suffered fatal injuries, those Settlement Class Members are eligible to receive $300.00 per pet for pet property or replacement value, 100% of their out-of-pocket, non-reimbursed costs paid by the Claimant for medical treatment for their pet evidenced by documentation, and 100% of their out-of-pocket, non-reimbursed costs for burial, cremation or other disposal of the pet evidenced by documentation, covering cash payments to class members, notice and administration costs, attorneys’ fees, and service awards…”
Notice to Class Members: The settlement plan includes detailed procedures for notifying class members about their rights under the settlement, including publication of short and long-form notices and creation of a settlement website.
Fairness Hearing: A fairness hearing is scheduled (Fairness Hearing shall be held at 11:00 a.m. on December 4, 2024, at the United States Courthouse for the Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois 60604) to consider the adequacy of the settlement, where class members can voice objections or comments regarding the settlement terms.
Legal Proceedings and Deadlines: The document sets deadlines for motions, objections, and exclusions and outlines the procedure and timeline leading up to the fairness hearing.
The court's preliminary approval suggests that the settlement is considered likely fair, reasonable, and adequate, but a final decision will be made following the fairness hearing. If approved, the settlement will provide compensation to affected consumers and resolve the litigation against the defendants regarding the Seresto flea and tick collars.
