Pet food recall Missourian sues over dog’s death

? A southwest Missouri man who blames contaminated pet food for his dog’s deathly illness has sued two food companies and Wal-Mart.

Richard Schwinger, of Barry County, is seeking class-action status for the lawsuit filed Tuesday in U.S. District Court in Springfield. Attorney David Payne of Cassville represents Schwinger, whose dog was euthanized in March.

Named as defendants are Canada-based pet food maker Menu Foods Inc., which already faces at least 50 lawsuits nationwide; Del Monte Foods; and Wal-Mart, which the complaint states is the single largest distributor of Menu Foods’ products.

Schwinger alleges that his dog Sandy, an otherwise healthy 2-year-old, had to be euthanized as a result of eating Menu Foods’ Ol’ Roy Pet Food and Del Monte’s Canine Carry-out Bacon Bite, which were purchased at a Wal-Mart store in Cassville.

Schwinger said Sandy’s health began declining in late February and early March but that he continued offering the dog the same food, unaware that it was contaminated.

In mid-March, a veterinarian told Schwinger that Sandy was suffering kidney failure due either to tainted pet food or a family history of kidney failure, the lawsuit said. Sandy’s breeder said there was no such history, according to the lawsuit.

Schwinger said the veterinarian eventually told him his dog was suffering so much that it should be euthanized, which was done, the lawsuit said.

The lawsuit alleges that the defendants failed to prevent the distribution of tainted pet foods after the discovery of contaminated wheat gluten in their ingredients.

John Simley, a Wal-Mart spokesman at the company’s offices in Bentonville, Ark., said Wednesday by phone that Wal-Mart could not comment because it had not yet been served with the lawsuit.

Representatives of Menu Foods and Del Monte Foods could not be located for comment Wednesday night.