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LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 23 years.
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I bought some baby bird handfeeding formula that contained

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I bought some baby bird handfeeding formula that contained too much Vitamin D and it killed 9 baby birds (cockatiels and lovebirds) I asked for reimbursement for the losses plus 1 years production of the lost babies which I thought was fair. They have come back with a ridiculous sum not even 1/10 of the demand. I did not ask for 10 years production as I did want to be fair. The product was recalled by the FDA and the company said they would reimburse losses on a case by case basis. I need to know what to do next. Thanks FRANK
Hello and welcome to JustAnswer.

I am very sorry to hear about loss of your birds.

Basically you have two options.

1) You can continue to try and negotiate what you think is a fair amount with the company. Many times companies will offer you a much lower amount than they are willing to pay to see if they can get yoiu settle for a low amount. If you stick to your position they may increase their offer.

2) You can initiate litigation against them for the loss caused by their defective product. Based upon what you have described it seems that liability is not an issue, just the value of your loss. Prior to filing suit you may want to ask them if the would be willing to enter into binding arbitration to resolve your claim. Rather than going to court you would meet with an arbitrator an present your side and they would do the same. The arbitrator would determine an amount and if you agreed that it would be binding that is what you would be entitle to collect. Arbitration is usually a much less expensive option than going to trial.

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