Cueto
Burke
Members of a St. Clair County class action against Kmart and Sears Roebuck and Co. will receive two vouchers for $5 off any $20 Kmart purchase, according to an order signed by Circuit Judge Lloyd Cueto.
Cueto also granted a motion July 9 by attorneys Paul Weiss of Chicago, Richard Burke of St. Louis and Kevin Hoerner of Belleville to receive $55,000 in attorney's fees and costs in the case.
The class action is one in a series of cases filed two years ago over the effectiveness of generics of the popular immune system booster "Airborne."
The case against Kmart alleged that its Germ Defense product does not boost the immune system as claimed.
Lead plaintiff Larry Adams will receive $1,500 in the settlement.
The team of attorneys settled with the defendants for $130,000 on June 3.
Several other similar cases filed by the same attorneys against retailers such as Target are also pending before St. Clair County judges.
The Kmart and Sears class includes all people across the country who bought Germ Defense between 2004 and November 2009.
The defendants were represented by William Knapp and Mark Brand.
The Kmart case is St. Clair case number 08-L-599.