TX Woman Sues Veterinarian After VAS Cat Dies

A Texas woman is suing her veterinarian for professional negligence, malpractice and negligent misrepresentation after the death of her companion cat from vaccine-associated sarcoma (VAS), an extremely aggressive cancer that claims the lives of more than one in every 10,000 million cats vaccinated every year. Jena Gonzalez of Corpus Christi is aided by Dr. Bob Rogers, a Texas veterinarian long at the forefront of vaccination reforms. They are seeking contributions to pay attorney's fees in a case that could have far-reaching impact.

 According the the lawsuit, the veterinarian administered two unnecessary vaccines to her adult cat, at intervals of two years - an adjuvanted PLPRhCv vaccination and an adjuvanted FeLV vaccine. In addition, the veterinarian failed to advise Ms. Gonzalez that the booster shots were unnecessary and could cause injection-site cancer.

When the cat, named Kitty Kat, subsequently developed vaccine-associated sarcoma,  Jena spent $8,000 for surgery and chemotherapy. Kitty Kat died on February 14, 2011.

Jena's lawsuit seeks to recover medical costs plus sentimental value for her beloved companion. It alleges that the adjuvanted vaccine caused the VAS, that the vaccines were unnecessary and that she would not have agreed to their administration if asked for informed consent.

Lawsuits against veterinarians for the death of family pets after administering vaccines are extremely rare. Judgments are rarer still. However, a judgment in this case could have far-reaching effects.

According to Dr. Rogers, a judgment in this case could move malpractice insurance companies to advise veterinarians to stop using adjuvanted vaccine, get informed consent from pet owners before administering vaccines and stop recommending unnecessary vaccines. A judgment can also wake up State Veterinary Boards to the way veterinarians currently violate consumer protection laws.

Dr. Bob Rogers is serving as an expert witness in this case at no charge. In addition to his time, he has contributed $5000 toward the case and is seeking another $5000 in public contributions to underwrite the attorney's fees which are estimated at $10,000. Legal fees cannot be recovered in this kind of lawsuit.

Any money collected over the $5,000 goal will be used to obtain a Writ of Mandamus, i.e. to have a Judge explain to the Texas State Board of Veterinary Medical Examiners that giving unnecessary vaccines is against the law, negligent misrepresentation. All 50 State Veterinary Medical Examiners Boards will be duly advised.

Donations are tax deductible and can be made to the NPO C.A.R.E.S. ,(Critter Advocacy Responsibility Ethics Science)( www.critteradvocacy.org located at 5703 Louetta Rd. Spring, Texas 77379.

Rabies Law When a Dog Bites

On February 8, a Denver television news anchor was bitten by a dog while on the air. Kyle went to the hospital. The dog went to jail pending a court hearing and a judge's ruling on his fate.

Dammit, your Honor, it was self defense.

Here's what came down.

Kyle Dyer was interviewing Max, an 85-pound Argentine Mastiff, his owner and a firefighter, who rescued Max from an icy pond the day before, when she was bitten in the face.

The dog's owner was cited with failure to have his dog on a leash, allowing a dog to bite and failure to have a vaccinated dog. Max was quarantined with Denver Animal Control while court officers reviewed his case.

Watching the news segment, Kyle's actions are a classic example of when a kiss can get you bitten. (Turn off the sound to observe the dog's body language.)

Kyle nervously pets the dog under his jowls while talking about his rescue the day before from an icy pond. The energy is hectic, anxious, frantic. The dog is pinned between the legs of the fireman who rescued him the day before. He can't move away, so he turns his head - a signal that he isn't enjoying this. He licks his lips - another sign of anxiety. At the end of the segment, Kyle abruptly leans in to kiss the dog. He bites her in the face, causing an injury that requires 70 stitches.

Denver news stations report today that Max will be released to his owner this weekend, after a 10 day quarantine. This makes him a lucky dog, indeed.

 In most states, a dog that is involved in a bite incident - and that is not current on rabies vaccination - is considered unvaccinated. Rabies is not infectious and cannot be spread until the symptoms show, which can take as long as six months. There are no tests to diagnose rabies. Consequently, an animal is isolated and confined for up to six months at the owner's expense.

Many owners cannot fund this cost so a beloved family pet must be destroyed - all because the person who was bitten did not know or ignored the clear warning signs that the animal was threatened.

Be very clear that any dog - from a tiny Chihuahua to giant Mastiff - is liable to bite when in a similar situation. Nipping is a normal part of self defense for dogs; it's how they tell other dogs to "back off." And it happens lightning fast. So as you saw, even a seemingly benign situation can get out of hand like that.

*snap*

Know how to approach a dog to prevent a bite. And be extra careful around children who might unwittingly threaten him with excited affection. Indeed, the people most commonly bitten are excitable little boys, says Kathy Porter, author of Healing Rescue Dogs.

Also be very very clear that any dog, including a dog that has been granted a rabies vaccine waiver, is subject to rabies quarantine if involved in a bite incident. For these dogs, an extended quarantine is a death sentence.

AVMA Proposes Rabies Waiver as Standard of Care

According to news from The Rabies Challenge Fund, the American Veterinary Medicine Association has recommended a policy to make waiver from rabies vaccine for health reasons its standard of care for the model practice :

The second resolution adopted by HOD [House of Delegates] Jan. 7 amends AVMA’s Policy on Annual Rabies Vaccination Waiver. The AVMA Council on Public Health and Regulatory Veterinary Medicine proposed the policy and an accompanying waiver to provide an exemption from rabies vaccination in the rare event an animal experiences a contraindication to the vaccine. The council fully supports rabies vaccinations for all dogs, cats and ferrets per the recommendation from the National Association of State Public Health Veterinarians, says AVMA. 


According to the new policy, "All rabies vaccination waivers should be reconsidered at least yearly and, if appropriate, may be renewed on an annual basis following a reassessment of the animal's condition." 


HOD reference Committee No. 7 amended the proposal to state that some animals may require a waiver from rabies vaccination due to health risks or research purposes, and that amended version was adopted by the House of Delegates. The resolution was also recommended for approval by the House Advisory Committee and the Executive Board. 


Slowly, glacially, surely, the drift moves in the direction of rabies medical exemption nationwide.

Now if only the National Association of State Public Health Veterinarians, who write the "Bible" on rabies control and prevention, would get on board. Their guidelines are generally adopted by state public health veterinarians in order to standardize regulations that work. These "trickle down" to local levels.

In past years, NASPHV have gone so far as to say that administering repeat rabies vaccination is not a medical necessity. To my knowledge, they have not yet put their weight behind a rabies medical exemption for sick and senior dogs and cats.

You can find the 2011 Rabies Compendium online. 

Reader Comment Makes My Day

This comment from a reader just made my day.

Darling Aimees Mom, I can not thank you enough for the information I found on your site. Our four year old Daush. had a serious reaction to a triple combination injection of rabies, distemper and bordella. We were frantic knowing our eleven year old, new boy Ollie, was due to have his rabies shot. My adult son and I spent hours on the computer searching for a reasonable alternative. I found mention about an exemption but was frustrated after three vets told me they knew nothing of the exemption and gave me all kinds of stupid reasons why he should have the shot. Oh, I forgot to mention he has no teeth, not even one!! FINALLY I arrived at a list of Holistic vets and found one who gladly said yes to writing the exemption. Using your site we downloaded the wavier and now have Ollies signed form in our hands. She, the Vet. would have made it without an end date but the wavier states it is only good for three years. So the end of the story is don't give up finding what is right and on Colorado Approves Rabies Medical Exemption Effective 3/02/10

I often wonder why I continue to publish Aimee's Rabies Medical Exemption blog. There are other people and organizations who are in the vanguard of the issue. I have seen myself more supporter than as a leader. Often I question my judgment. Is this blog a vanity? I write it as a public service; but is it worth the time and the cost?

Apparently, yes.

Excuse me while I revel in the acknowledgement.

Why Rabies Vaccine is For Healthy Animals Only

Have you ever wondered why drug manufacturer's admonish veterinarians that rabies vaccine is only for healthy animals? Author, Jan Rasmusen, delivers a really thorough discussion of the potential damage in Dogs Naturally Magazine.

Most knowledgeable vets agree that certain animals should NOT be vaccinated (absent proven, urgent need such as inevitable exposure to a life-threatening disease). These  include, but aren’t limited to, pets with autoimmune disease … pets undergoing chemo, radiation or surgery (even dental cleaning or neutering) … pets with autoimmune disease, cancer, severe allergies and skin diseases … pets fighting an illness or parasites … pets stressed from shipment or a move to a new home … malnourished pets … and dying housebound pets.  Assaulting the immune systems  of these animals with vaccination has been likened to throwing gas on a raging fire.

Vaccination is big business and an old habit.  Dogs and cats need an advocate with common sense (and a strong backbone) to stand up for their pets. That means you!

So why shouldn’t you vaccinate a sick, stressed or geriatric pet? For one thing, the pet may develop adverse reactions ranging from fever to seizures to autoimmune disease to anaphylactic shock  and even death. Furthermore,shots administered to an unhealthy animal may fail to provide immunity while giving you the false security that your dog is protected.  On top of that, the animal’s immune system, which should be fighting illness, may be diverted to handle the shot.