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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Laws outdated; veterinarians caught in middle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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Complaint by second ex-Banfield veterinarian hits dead end
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September 29, 2010
By: Edie Lau
For The VIN News Service
Part 3 of 3: Complaint by second ex-Banfield veterinarian hits dead end
A state investigation into a veterinarian’s complaint against Banfield, The Pet Hospital, of unlawful employment practices in Oregon has been closed without a ruling on the substance of the complaint.
Two technicalities sunk the case: a clause in the employee’s contract calling for arbitration as an “exclusive remedy”; and “questionable timeliness” in the filing of the complaint, a spokesman for Oregon Bureau of Labor & Industries said this week.
The arbitration clause alone might not have ended the investigation, as bureau policy states that in an “otherwise meritorious claim,” enforceability of an arbitration agreement is decided case by case. However, the combination of issues was a problem, said agency spokesman Bob Estabrook. “There really wasn’t room for us to go forward with an investigation based on those factors,” he said. The case closed on Aug. 25.
The attorney for Dr. Amber Esquivel filed the complaint on July 9, which the state deemed to be more than one year after the events upon which the complaint was based. “The key point in time is the last date of harm,” Estabrook said.
Esquivel’s complaint alleges a series of unethical medical and business practices at Nyberg Woods Urgent Care Center in Tualatin, Ore., from 2008 until mid-2009, when she left the company.
Nyberg Woods is one of the more than 750 veterinary hospitals run by Banfield, operator of the largest chain of veterinary practices in the world.
Dr. Jeffrey Klauser, senior vice president and chief medical officer for Banfield, said in a written statement, “We are glad the Oregon Bureau of Labor and Industry dismissed Dr. Esquivel’s complaint. We have said all along that these claims have absolutely no merit.”
Esquivel alleged that Nyberg Woods veterinarians and staff were pressed by their superiors to pump up the clinic’s earnings at the expense of patient welfare, including by ordering frequent costly ultrasound images and by portraying the clinic as an emergency-care center when it was not appropriately staffed and equipped to provide emergency services.
Stressed by pressure to generate a specific amount of revenue and from overwork, Esquivel became ill and took a 60-day medical leave of absence, according to the complaint. At that point, she gave notice that she would quit “unless she could be assured that their practices would change,” the complaint states. Banfield placed a notice of termination in her employee file dated Aug. 4, 2009, according to the document.
Esquivel’s attorney Mitra Shahri disagreed with the state that the complaint was not filed in a timely fashion. “The adverse action didn’t happen until she was forced to quit,” Shahri said.
She said she is now pursuing a settlement with Banfield. “At this time, we have contacted the other side and they’re interested in resolving it, so we’re waiting to hear,” she said.
Banfield’s Klausner said he was “unaware of any request from Ms. Shahri to resolve her client’s dispute.”
Shahri said that if the attempt to settle is unsuccessful, she plans to file a lawsuit.
Esquivel’s is the second employee complaint against Banfield handled by Shahri.
Earlier this year, she represented Dr. Robert Nix, another veterinarian who left Nyberg Woods under a cloud. Many of Nix’s allegations were similar to Esquivel’s. His case originally was filed with the state Bureau of Labor and Industry, withdrawn two months later, then taken to state Circuit Court in Multnomah County.
Before it was heard, the case was dismissed on July 2 by the court with prejudice — meaning it cannot be refiled — and without costs or attorney’s fees to either party. Attorneys for both sides declined to say whether they’d come to a settlement.
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