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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Laws outdated; veterinarians caught in middle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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Chicago mandatory neuter proposal makes concession to veterinarians
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January 9, 2009
By: Timothy Kirn
For The VIN News Service
Chicago’s proposed mandatory spay-neuter ordinance has been amended to exempt veterinarians from needing to report when they see animals that have not been altered, according to the Humane Society of the United States (HSUS), which is pushing the initiative.
“The new amendment was crafted and submitted to the committees a few weeks ago, and it says that veterinarians have no obligation to report unspayed or unneutered animals,” said Jordan Matyas, Illinois State director of HSUS, a former lobbyist who helped author the ordinance and the amendment.
Maytas said the amendment had not been publicly announced until now. The ordinance has not come up in public since it was given a hearing by the Chicago City Council in September.
The proposal, just one of a number of such laws enacted or being considered around the country with support from groups such as HSUS, has riled and split the Chicago animal-welfare community, according to observers.
“It is very divisive,” said Dr. Shannon Greeley, the immediate past president of the Chicago Veterinary Medical Association. “It is not going over well here.”
The September hearing on the proposed ordinance was attended by so many people who wanted to give statements that officials adjourned the discussions after three hours, with many still waiting to speak, and scheduled it to be brought up again, although a date has not been set.
One of those who spoke was television game-show host Bob Barker, who has long been an advocate for spaying and neutering pets, and his support of the ordinance was widely reported in the press. Barker noted that mandatory spay/neuter is an issue that has taken a place on the national agenda.
The proposed ordinance requires owners to neuter their cat or dog before the animal is six months of age, unless they have an exemption, such as being registered with an approved registry or association like a breeders’ group or having a note from a licensed veterinarian. An owner without a waiver who was found to have an unneutered cat or dog would be issued a citation. Failure to have the animal neutered within 60 days would result in a $100 fine. Failure to act within another 60 days would result in a $500 fine and confiscation of the animal for forced sterilization.
Those lined up for the Chicago ordinance include HSUS and PAWS Chicago. The Chicago and Illinois State veterinary medical associations and dog breeding associations are among the opposition.
One major criticism of such ordinances is that they could discourage some pet owners who do not have their animal spayed or neutered from seeking veterinary care, which could, in turn, lead to reduced vaccinations for diseases such as rabies.
The new amendment would seem to be a way to render that objection a moot point. But it is not likely to bring the veterinary establishment around, insiders contend.
“The fact that veterinarians are not required to report their clients with unaltered animals hasn’t been the issue for our group,” Greeley said. “The issue has been the government determining the need for the medical services in the first place.”
There also has been some question of whether or not the city would even be able to enforce such a law, and whether it is truly needed.
Los Angeles passed a mandatory spay/neuter ordinance in 2008, but compliance is not being actively enforced because the city has no funds for such an effort. Chicago is experiencing serious revenue declines due to the current recession, and city officials have said that the ordinance would require additional funding for animal control, and perhaps more personnel.
Supporters of mandatory spay/neuter contend the law would reduce pet overpopulation and animal aggression. They note that in Santa Cruz County, Calif., a law passed 11 years ago that has since reduced the number of animals taken in by shelters from 14,000 annually to about 5,500 in 2007. According to an article in the San Francisco Chronicle, that reduced canine euthanasias in shelters from 30 percent to 16 percent and feline euthanasias from 60 percent to 50 percent.
But Chicago might already have declining shelter rates. According to The Anti-Cruelty Society, the citywide euthanasia rate dropped 12 percent between 2003 to 2005, and shelter intakes fell 11 percent. The city has one of the lowest rates of euthanasia by population in the country.
Supporters also maintain that neutering will reduce incidents of canine aggression, and that is one of the major impetuses for the law.
They cite an article published in 2000 in the Journal of the American Veterinary Association that suggests unsterilized dogs are 2.6 times more likely to bite.
Two city aldermen, Ed Burke and Ginger Rutai, initially proposed the Chicago ordinance following a vicious dog attack in the city. Gabriela Munoz Lopez was walking to a Southside elementary school when a pack of five dogs attacked. She was rescued when a passing motorist pulled her inside his van and was hospitalized.
That attack followed one in 2003, in which a woman was killed by dogs while jogging in a forest preserve on the city’s southwest border.
The dogs involved in those cases might have been raised to be vicious. It is well known that Chicago gang members keep Pit Bulls as a status symbol and for protection, and that they stage dog fights in alleys and vacant lots. The fighting is so prevalent that the Chicago Police Department has an Animal Crime Unit in its gang investigations section.
The Illinois State Veterinary Medical Association says the goals of the ordinance are laudable. But mandating neutering will not bring about an end to overpopulation or dog fighting, and that while, in general, the benefits of neutering outweigh its risks, there can be extenuating circumstances in some cases. Therefore, the decision to spay or neuter should be left to the owner and his or her veterinarian.
Other places where the adoption of mandatory spay/neuter has been recently considered include Houston, where officials have floated the idea, and California, where a proposed statewide mandate was shelved last year.
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