What is this lawsuit about?
A proposed settlement has been reached in a class action lawsuit entitled Petersen et al. v. Costco Wholesale Co. et al., Civil Action No. CV-13-01292 pending in the U.S. District Court, Central District of California, Southern Division (the “Settlement”). The Plaintiff and class representative for the California subclass, Jacob Petersen, as advised by Class Counsel, has agreed to a settlement that involves solely California 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 Court gives final approval to the Settlement.
Claimants who submit 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 IG 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 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 only the California subclass. For purposes of the proposed Settlement, the California subclass is 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 CALIFORNIA 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 submit a valid claim form and the necessary documentation, as outlined in the Notice, within 21 days of receiving the Notice, and no later than March 27, 2019.
You must complete and submit a separate claim form for each person who obtained an IG shot or Hepatitis-A vaccine. Failure to submit a valid and timely claim form will bar you from receiving a portion of the Settlement. 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.