Nutek Recalled Baby Wipes Class Action Settlement
All Persons in the United States who (a) purchased or acquired (including by gift) Recalled Baby Wipes on October 25, 2013 and through to October 25, 2014 for or on behalf of themselves or a third party or minor child over whom they have custody and control as a caregiver, parent or guardian, or to be given as a gift to another Person; (b) are the parent or guardian of a minor child who purchased or acquired (including by gift) Recalled Baby Wipes on October 25, 2013 and through to October 25, 2014; or (c) was exposed to the Recalled Baby Wipes purchased between October 25, 2013 and through to October 25, 2014 whereby such exposure resulted in a Qualifying Symptom, including any Guardian, Executor, Administrator or other representative of any Person exposed to the Recalled Baby Wipes whereby such exposure resulted in a Qualifying Symptom.
“Recalled Baby Wipes” means the baby wipes manufactured by Nutek that were sold in the United States and subject to the Recall including, but not limited to, those under the brand names Cuties, Diapers.com, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings, as well as feminine wipes manufactured under the Femtex brand.
“Qualifying Symptom(s)” means any one or more of the following symptoms or conditions, including any associated emotional distress or mental anguish, caused by Burkholderia cepacia from the use of, or exposure to, the Recalled Baby Wipes: (a) skin infections or irritation including dermatitis, folliculitis, rash, abscess, or boil caused by Burkholderia cepacia; (b) bacterial genitourinary tract infections caused by Burkholderia cepacia; (c) recovery of Burkholderia cepacia from any location on a Settlement Class Member’s body where he or she experienced an infection from the use of, or exposure to, the Recalled Baby Wipes; or (d) pneumonia or bacteremia in persons with a primary or secondary immunodeficiency disorder or who have a chronic lung disease such as cystic fibrosis, bronchiectasis or chronic granulomatous disease where the condition is caused by Burkholderia cepacia.
This settlement has three categories:
- Claims Category 1: Any person who purchased or acquired Recalled Baby Wipes may file one or more claims under Claims Category 1 to potentially receive a combined maximum payment of up to $9.00. Up to $100,000 of the Settlement Fund will be allocated to pay Claims under Claims Category 1, which amount may be increased to the extent there are residual unclaimed claims category 2 or 3 funds available to pay claims Category 1 claims.
- Claims Category 2: Any person who suffered bodily injury or Qualifying Symptoms of a de minimis (meaning minor or insignificant) nature as a result of their use of the Recalled Baby Wipes may file a Claim under Claims Category 2 to potentially receive a payment of up to $15.00. Up to $250,000 of the Settlement Fund will be allocated to pay Claims under Claims Category 2.
- Claims Category 3: Any person who suffered Qualifying Symptoms of a transitory nature as a result of their use of the Recalled Baby Wipes may file a Claim under Claims Category 3 to potentially receive a payment of up to $750.00. Persons who suffered Qualifying Symptoms of a non-transitory nature may file a Claim under Claims Category 3 to potentially receive a payment of up to $8,000.00. Up to $300,000 of the Settlement Fund will be allocated to pay Claims under Claims Category 3.
Proof of Purchase
Jones, et al. v. Wal-Mart Stores Inc., et al., Case No. 14-cv-6305District Court for the Eastern District of New York
Plaintiffs filed lawsuits in various federal district courts claiming that Defendants sold, manufactured, distributed, or marketed certain previously recalled Baby Wipes products that may have been contaminated with the bacteria, Burkholderia cepacia, which allegedly caused certain users to suffer skin infections or irritation, bacterial genitourinary tract infections, or other symptoms. Several of these lawsuits were voluntarily dismissed and refiled in Federal District Court for the Eastern District of New York as Jones et al. v. Wal-Mart Stores, Inc. et al., Case No. 14-cv-06305-LDW-ARL (E.D.N.Y.). Defendants deny these allegations and deny any wrongdoing of any kind.