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Legal Issues
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Zoonotic disease dangers present legal risks to veterinarians
5/2/2013
Communication key to mitigating liability, experts say
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Ease of Web publishing raises potential for copyright breach
3/11/2013
Ignorance doesn't diminish liability
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When microchips muddle pet ownership status
12/13/2012
Laws outdated; veterinarians caught in middle
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‘Sentience’ statement rouses debate among veterinarians
12/3/2012
AAHA adopts controversial classification of animals
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Ultrasound machine salesman pleads guilty to theft
11/8/2012
Plea follows indictment of Patrick Jackson
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Veterinarians react to allegations colleague dumped dead pets
6/1/2012
Roadside carcass disposal 'disgusting' but not unique, some suggest
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Veterinary diagnostics giant sues multiple practitioners
3/9/2012
VCA Antech alleges breach of extended lab service contracts
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Bayer, Lilly settle dispute over diversion-related advertising
11/21/2011
Elanco must edit claims to veterinarians
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Loan broker accused of bilking veterinarians now sells wellness plans
11/10/2011
Ron Paterson draws more complaints
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More veterinarians sue flea products broker WTF Wholesale
11/4/2011
Claims collectively top a half-million dollars
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Equipment dealer deludes some, aids others
11/2/2011
Ron Sassetti earns mixed reviews from veterinarians
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Pet owners receive $12.4 million in melamine case
10/12/2011
Legal, other expenses claim the rest in class-action settlement
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AVMA asked to acknowledge court ruling in compounding brochure
9/20/2011
Some celebrate while others downplay ruling's significance
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Veterinary compounding out of FDA’s jurisdiction, judge rules
9/13/2011
Franck's wins legal battle against federal regulators
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Complaints mount against gray-market broker WTF Wholesale
8/29/2011
Problems open view into world of flea product diversion
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N.J. bill stalls as legal battle concerning dog's death wages
7/18/2011
NJVMA weighs in on legislation
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ISU settles lawsuit with veterinarians
6/29/2011
Specialty referral practice to pay ISU
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Gilded Lilly? Bayer challenges Elanco claims
6/24/2011
Bayer challenges Elanco claims about diversion, loyalty to veterinarians
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Con artist or lending lifeline? VetFinance Group under scrutiny
6/23/2011
Veterinarians allegedly bilked by broker Ron Paterson
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Scientist fired by Merial alleges Heartgard Plus coverup
6/7/2011
Dr. Kari Blaho-Owens seeks damages, whistleblower protections
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ISU wins first round in litigation against veterinarians
5/3/2011
Specialists barred from competing with ISU hospitals fight back
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Court clears path for pet-food settlement claims payout
4/5/2011
Resolution to melamine poisoning claims years in coming
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Texas bill seeks to waive confidentiality privileges for deadbeat clients
1/26/2011
Legislation would protect veterinarians collecting unpaid debts
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Pet food settlement appeal decided
12/20/2010
Small hurdle remains before claims can be paid
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California veterinarians target unlicensed care
12/14/2010
Conflict between profession, lay practitioners intensifies
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Veterinarian struggles to protect her online reputation
12/8/2010
Practitioner suspects Internet extortion is at play
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Texas veterinarians author legislation to bridle lay dentists
12/3/2010
Judge's order prompts end to regulatory crackdown on unlicensed teeth floating
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Health credit programs: safety net or predatory lending?
10/4/2010
NY state investigation puts veterinarians on the defensive
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Complaint by second ex-Banfield veterinarian hits dead end
9/29/2010
Lawyer seeks settlement with company
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PVP, subsidiaries seek bankruptcy protection
8/23/2010
Veterinarians dismayed by state of company
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PVP faces bankruptcy; veterinarian investors stand to lose
8/12/2010
SEC filings reveal distributor entered into forbearance with lender
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One Banfield complaint dismissed; another lodged
8/5/2010
Cases involve veterinarians fired from the same Oregon clinic
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Veterinarian fired from Banfield sues company
6/1/2010
Alleges hospital values money over good medicine
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University of California poised to appeal $38M court decision
5/6/2010
Class action payout includes former veterinary students
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FDA calls veterinary compounding at Franck’s illegal
4/19/2010
In unprecedented action, agency seeks court injunction against pharmacy
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Sentences handed down in pet-food poisoning criminal case
2/9/2010
Defendants fined total of $35,000, given 3 years’ probation
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AVMA seeks to deter news investigation
1/21/2010
Alleges reporter misappropriated confidential documents
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Drug maker sues compounding pharmacy
12/17/2009
Bayer says Wedgewood infringing on patent
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Confounding compounding
11/23/2009
Legal fog surrounds growing source of veterinary drugs
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U.S. Attorney recommends $35,000 in fines, no prison time for ChemNutra owners
6/19/2009
Judge to decide sentences in melamine contamination cases
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Pet food settlement stalled by appeals
5/26/2009
Legal wrangling over melamine contamination of 2007 drags on
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Flea product swap causes a flap
5/8/2009
Summit's strict anti-diversion contract kicks in
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Dr. Janis Audin dies
4/23/2009
Longtime JAVMA head leaves legacy, official says
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Veterinarians must comply with Red Flags Rule by May 1
4/22/2009
Most practice owners already meet requirements, AVMA official says
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Practice staffer unknowingly buys hot items off eBay
3/24/2009
Investigation ensues after stolen IV pump breaks
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Board complaints rise in Texas
1/16/2009
Consumer awareness, Internet play role in increase, official says
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MVMA pushes animal protection legislation
1/14/2009
Measure directs courts to consider pets when issuing domestic violence protective orders
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Chicago mandatory neuter proposal makes concession to veterinarians
1/9/2009
Amendment relieves DVMs from reporting clients
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Microchips dump legal, ethical baggage on veterinarians
1/7/2009
AVMA attempts to shed light on gray areas of pet identification
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Pet food court settlement hung up by appeals
12/18/2008
23,000 pet owners filed claims to date
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Pet value continues to test veterinary medicine
10/21/2008
Court ruling, roundtable talks feature latest on economic worth
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Decision: United States of America v. Franck's Labs, Inc.
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Pet value continues to test veterinary medicine
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October 21, 2008
By: Jennifer Fiala
For The VIN News Service
As a Washington appeals court ruling issued last month upholds strict
economic parameters regarding pet worth, the Colorado Veterinary
Medical Association (CVMA) wants to allow owners to reap more than an
animal’s fair market value in cases of malpractice or wrongful death.
Both events represent the latest in a growing movement spearheaded by
owners to increase the value of pets via legal status, classification
and economic worth through the nation’s courts and state legislatures.
At the same time, organized veterinary medicine attempts to beat back
any change that might open the door to damages on par with those
plaguing human medicine.
It’s a balance that veterinarians can’t have both ways, critics say. On
one hand, the profession promotes the human-animal bond and benefits
from owners’ increased willingness to pay for higher medical costs to
maintain the health of their animals. Yet when it comes to civil
remedies, pets continue to be classified as chattel, with no more
emotional value than a chair — a stance upheld since 1995 by state
supreme and appellate court rulings in 24 states. Anything more would
blur the distinction between humans and animals, flood court dockets
with cases against DVMs and ultimately raise the price of veterinary
medical care, the profession’s leaders contend.
That stance is echoed in an amicus curiae brief filed in the Washington
case by the Animal Health Institute, American Kennel Club and Pet
Industry Joint Advisory Council. In the lawsuit, appellant Arlene
Sherman alleged that the trial court erred by dismissing her claim that
the state’s medical malpractice statute should be applied to Dr.
Jennifer Kissinger and Broadway Veterinary Hospital in relationship to
the death of her dog. The case, originally filed in September 2006,
sought negligent infliction of emotional distress, which was dismissed.
Whether or not the case will be appealed to the Washington Supreme
Court was unknown at press time.
The appeals court made the correct decision, amicus brief authors say.
Pets are not persons, spouses, parents or children, and the negative
impact of treating them as such would “ripple throughout Washington
society,” triggering everything from increased pet abandonment and
euthanasia to rising automobile insurance claims, the brief contends.
Those predictions might have a foundation, but according to CVMA’s
Ralph Johnson, executive director, a middle ground might be the best
answer to slow a seemingly endless stream of legislative and legal
challenges. During the past five legislative sessions, Colorado
lawmakers have turned down two bills seeking to open the door to
non-economic damages in cases involving animals. How long anti-change
proponents can fend them off is anyone’s guess. The answer, Johnson
says, could be finding a way to expand legal remedies to owners without
opening the door to non-economic damages that include intangible harms
such as loss of consortium and emotional distress.
According to Washington court documents, owner Sherman was offered less
than $200 as a replacement cost for her Poodle, which defendants argued
was worth no more based on the animal’s assumed medical condition, a
blood clotting disorder suspected of factoring in its death. That kind
of settlement insults and infuriates owners, critics contend. But what
if additional economic remedies could be levied for objective areas
such as training and pedigree as well as medical care?
On Nov. 8, the American Veterinary Medical Association’s Adrian
Hochstadt, JD, CAE, and private consultant James F. Wilson, DVM, JD,
plan to host a roundtable discussion on the topic at the CVMA Fall
Leadership Conference. The result could be legislation proposed by CVMA
for the 2010 state session.
“This is where we say, ‘We recognized that your pet needs to be thought
of differently than a desk or a door,’” Johnson says. “We want to
understand the issues, and do our homework before anything comes of
this. But as for now, the public is saying we need to make a change on
this.”
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