The Court held the Fairness Hearing on August 21, 2020 and issued the Final Order and Judgment on September 11, 2020.
What is this lawsuit about?
A class action lawsuit entitled Petersen et al. v. Costco Wholesale Co. et al., Civil Action No. CV-13-01292 was filed in the U.S. District Court, Central District of California, Southern Division (the “Settlement”). The Plaintiff and class representatives for the Eight State Subclasses, as advised by Class Counsel, have agreed to a settlement that involves Arizona, Colorado, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington Class Members, with such settlement being on a “claims made” basis. Therefore, only eligible claims submitted will be paid under this class settlement, and no settlement funds or advance-funding mechanism will be established. Eligible claims will be paid after the appeal period is expired and no appeal is filed with the Court.
Claimants who submitted eligible claims may be awarded a maximum amount of $200.00 with separate limits for the non-economic and economic damage components. Eligible claimants will receive a payment of $80.00 as recovery for non-economic damages. Claimants who received a Hepatitis A vaccination or immune globulin ("IG") injection from a commercial entity or private medical provider are also eligible for an additional payment for economic damages to reimburse the actual cost of the vaccination or IG shot up to a maximum amount of $120.00. No claimant is eligible to receive more than a total of $200.00.
Who is included?
This settlement involves the Eight State Subclasses in Arizona, Colorado, Hawaii, Idaho, Nevada, New Mexico, Oregon, and Washington. For purposes of the proposed Settlement, the Eight State Subclasses are defined as follows:
ALL PERSONS WHO: (1) CONSUMED TOWNSEND FARMS ORGANIC ANTI-OXIDANT BLEND FROZEN BERRY-MIX THAT WAS BOTH PURCHASED AT A COSTCO IN ARIZONA, COLORADO, HAWAII, IDAHO, NEVADA, NEW MEXICO, OREGON, OR WASHINGTON AND RECALLED ON EITHER JUNE 4, 2013 OR JUNE 28, 2013, AND (2) SUBSEQUENTLY OBTAINED AN IMMUNE GLOBULIN (“IG”) SHOT OR HEPATITIS-A VIRUS (“HAV”) VACCINATION BETWEEN MAY 31, 2013 AND JUNE 13, 2013.
The definition of the Settlement Class is more specific, and it has two components that determine eligibility for Non-Economic Damages and eligibility for Economic Damages. For more detailed information, please review the FAQs.
How do I participate in the Settlement?
You must have submitted a valid claim form and the necessary documentation, as outlined in the Notice and in the FAQs, within 21 days of receiving the Notice, and no later than February 27, 2020.
You must have submitted a complete and separate claim form for each person who obtained an IG shot or Hepatitis-A vaccine. Failure to submit a valid and timely claim form barred you from receiving a portion of the Settlement.
The deadline to submit a claim passed on February 27, 2020.
Total Damages and Cap on the Number of Eligible Claimants. For the avoidance of any confusion, no claimant is eligible to receive more than a total payment of $200.00 under the proposed class Settlement. The total number of claimants eligible for the class Settlement shall be capped at 3,000.