Owners can sue for sentimental value of pet
A Texas appeals court ruled that a Fort Worth couple could sue for the sentimental value of their dog, not the market price. Avery, an 8-year-old mixed breed, escaped from the couple’s home in June 2009, and he was mistakenly euthanized at a shelter a few days later. The ruling is the first of its kind.
Paul Boudloche, the attorney for the shelter, told the Fort Worth Star-Telegram, “This has a significant impact, economic impact, particularly for veterinarians who may end up having to practice defensive medicine, increasing the cost for everybody taking their pets to a vet.”
Concerned about the change in veterinary medicine this ruling could cause, many organizations — including the Texas Veterinary Medical Association, the American Veterinary Medical Association, the American Kennel Club, the Cat Fanciers’ Association, the Animal Health Institute, the American Pet Products Association and the Pet Industry Joint Advisory Council — filed briefs with the 2nd Court of Appeals requesting the court reconsider its decision.
But I believe, in spite of the potential abuse by the animal equivalent of ambulance-chasing attorneys, the court should hold firm on its ruling.
There are legitimate cases of gross negligence where compensation for emotional loss would be justified. Simply compensating for the replacement cost of a dog does not make sense with the billions of dollars people spend on veterinary care and pet products for their animal companions.
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DEAR DR. FOX: We go to Maine for five to six months every summer. My golden retriever and Labrador love the outdoors, especially the woods, so I use Frontline on them. They do get a tick or two, but no fleas as far as I can tell.
I worry each time I use the Frontline because I had a 12-year-old golden who died in my arms after I used the stuff. Is there something safer? They both have Lyme disease shots and boosters — one dog uses Sentinel, the other Heartgard. — J.R., West Palm Beach, Fla.
DEAR J.R.: There are always health risks in nature, from ticks to bacteria to poisonous mushrooms and snakes.
I am concerned that Lyme disease vaccines are of questionable effectiveness and safety.
Furthermore, Lyme disease is, in part, a human-created (anthropogenic) public health issue, which municipal and state governments need to address. As I have documented on my website, www.twobitdog.com/drFox, Lyme disease is a product of human interference with natural, self-regulating ecosystems.
I would clip or shave longhaired dogs’ underbellies, giving them a summer coat. Do a daily tick check once they are in for the night. Spray or rub a lemon juice mixture on your dogs before going outdoors. To make the mixture, slice a whole lemon (including the peel) in two cups of water, let it sit until the lemon is mushy, pulverize and store in the refrigerator. This thick juice contains natural insect repellants and a host of compounds that may help prevent bacterial and fungal infections. TKO Organic Orange Cleaner diluted in water is also excellent (and it’s a good cleaner/disinfectant).
Note: Always check between all toes and in earflaps for ticks. The tiny blacklegged tick (formerly called the deer tick), which can transmit Lyme disease from infected rodents and deer, must be on the dog for 24 to 48 hours before there is any risk of disease transmission. So you have a window of opportunity to thoroughly comb and inspect your dogs before they turn in for the night.
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DEAR DR. FOX: What can I do for my male cocker spaniel who has seborrhea? The scaly and smelly skin problem has him itching a lot. Is this an allergy, perhaps caused by diet or something else?
He’s nearly 10 years old and quite difficult — he doesn’t like being picked up when we take him to the groomer to get bathed. His ears are also smelly.
Do you have any advice? I’ve taken him to several vets, and they don’t have any answers. — J.H., St. Louis
DEAR J.H.: This problem is quite common in cocker spaniels. Many respond well to a bath in Selsun Blue shampoo once a week for three weeks; then move to a soothing shampoo like Johnson and Johnson’s baby shampoo or an oatmeal-based formula once a month. New Hemp dog shampoos are excellent as well.
Your dog should have a vitamin A and omega-3 fatty acid supplement. Add 2 teaspoons to your dog’s food twice daily, plus half a daily multivitamin and multi mineral capsule. Also, give your dog probiotics at about half of the human daily intake.
Transition your dog onto a quality dog food like Wellness, Evo, PetGuard or Evanger’s. Avoid beef, dairy products and corn or soy ingredients.
Clean your dog’s ears with one part cider vinegar and four parts warm water every few days. Tie up his ears with a ribbon so they can air out. When dry, put three or four drops of olive oil into the ear canal and massage gently. His thyroid gland function may also need to be evaluated by your veterinarian — low function is often associated with chronic skin conditions.
Send all mail to animaldocfox@gmail.com or to Dr. Michael Fox in care of Universal Uclick, 1130 Walnut St., Kansas City, MO 64106. The volume of mail received prohibits personal replies, but questions and comments of general interest will be discussed in future columns. Visit Dr. Fox’s website at www.twobitdog.com/DrFox.