Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.Case Summary:
Nutek Disposables has agreed to settle a class action alleging that some of its baby and feminine wipes, sold in the US and later recalled, may have been contaminated with Burkholderia cepacia bacteria. The bacteria is claimed to cause skin infections or irritation, bacterial genitourinary tract infections, or other symptoms. The products include feminine wipes, sold under the Femtex brand, and baby wipes, sold under the brand names Cuties, Diapers.com, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings.Docket Number:
Company: Nutek Disposables Inc.
Filing Deadline: November 27, 2017
Class Period: October 25, 2013 to October 25, 2014
Objection Deadline: November 27, 2017
Exclusion Deadline: November 27, 2017
Final Approval Hearing: December 18, 2017Proof of Purchase:
Maybe; depends on the category and type of claim, and whether or not you received a notice with a claimant ID number and therefore had a recorded purchase of the recalled wipes.Eligibility:
You may be eligible if
- You bought or acquired the recalled baby wipes, between October 25, 2013 and October 25, 2014 (the class period), for themselves or a third-party or minor child over whom they have custody and control,
- Are the parent or guardian of a minor child who bought or acquired the recalled baby wipes, between the above dates, or
- Was exposed to the recalled baby wipes during the class period, resulting in a Qualifying Symptom.
A Qualifying Symptom means any of the following, including any associated emotional distress or mental anguish, caused by the Burkholderia cepacia bacteria:
- Skin infections or irritations, including dermatitis, folliculitis, rash, abcess, or boil,
- Bacterial genitourinary tract infections,
- Recovery of Burkholderia cepacia from a class member’s body where he or she had an infection from the use of the baby wipes, or
- Pneumonia or bacteremia in persons with a primary or secondary immunodeficiency disorder or a chronic lung disease, such as cystic fibrosis, bronchiectasis, or chronic granulomatous disease.
Class members who bought the recalled baby wipes and did not experience Qualifying Symptoms, but who had economic damages or injury from it, may submit a Category 1 or 2 claim.
There are six types of claims, falling into three categories.
Category 1, which includes Types (A), (B), and (C): Class members who bought the wipes during the class period who did not experience any Qualifying Symptoms. Those with combined claims in this category may receive up to $9.
- Type 1(A). Bought the wipes between July 1, 2014 and October 25, 2014, sustained economic damages, and did not return the wipes at the recall prior to July 31, 2017. May receive up to $3 per purchase, up to $6 total.
- Type 1(B). Bought the wipes between October 25, 2013 and June 20, 2014, sustained economic damages, and did not return the wipes at the recall prior to July 31, 2017. May receive up to $2.
- Type 1(C). Bought the wipes during the class period, sustained economic damages, and returned the wipes at the recall prior to July 31, 2017 to receive a full refund. May receive up to $1.
Category 2: Class members who bought or acquired the recalled baby wipes during the class period and who therefore suffered a Qualifying Symptom that was minimal or insignificant. May receive up to $15 without submitting a Declaration of Injury.
Category 3, Types (A) and (B): Class members who bought the wipes during the class period and who experienced Qualifying Symptoms that were not minimal or insignificant.
- Type 3(A). Experienced transitory Qualifying Symptoms that did not result in admission to a hospital, or resulted in a hospital stay of less than 24 hours, with the condition lasting less than 15 days. May receive reimbursement for treatment of up to $500 plus up to $250 as compensation for pain and suffering, for a total of up to $750.
- Type 3(B). Experienced non-transitory or lasting Qualifying Symptoms, requiring hospitalization for more than 24 hours, and where the symptom lasts more than 15 days. May receive reimbursement for treatment up to $4,000, plus up to $4,000 for pain and suffering, for a total of up to $8,000.
If a claim for a Category 3 injury is denied, it will automatically be considered for a Category 2 claim.
If more claims are made than are anticipated, claims may be paid on a pro rata basis.Typical Settlement Amount:
Combined types of Category 1 claims: up to $9; Category 2 claims: up to $750; Category 3 claims: up to $8,000.
Total Settlement Amount: $650,000Class Representative Proposed Incentive Fee:
Jones Ward PLC
Law Offices of Paul Whalen PC
Claim Form: Recalled Baby Wipes Settlement Claim Form
Case Name: Jones et al. v. Wal-Mart Stores, Inc. et al.
Settlement Website: Recalled Baby Wipes Settlement Website
Recalled Baby Wipes Settlement Administration
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55402-0614