Rabies Reactions..( And the Twisted Law )
From: Dr Andrew Jones
Author: Veterinary Secrets Revealed
Website:
Re: Rabies Reactions..( And the Twisted Law )
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Hello and welcome to December!
One of our readers sent me in a question asking How
they could avoid mandatory Rabies vaccine for their
indoor cats.
In Canada, Rabies is NOT required by Law- but this
is different in the U.S.
This got me doing some research, and I found a very
interesting article by a prominent ‘conventional’ veterinarian,
Denis Macy, president of the American College of Veterinary
Internal Medicine ( ACVIM)
Dr Macy re-iterates many of the things I have said,
such as Rabies vaccine side effects of auto-immune disease
and cancer, then comments on the lack of ANY legal recourse
a Pet Owner has in the event of a Vaccine. Even MORE ludicrous,
is that the Vaccine Manufacturer is EXEMPT from being sued
at a State Level because of the FDA. YET this is NOT SO
with Human Vaccines.
The Pet Owner is on the hook for paying for the COSTS
associated with a Vaccine Side Effect, EVEN IF that
owner did NOT want the Vaccine.
Commentary by Dennis W. Macy, DVM, MS
President-Elect and Diplomate ACVIM – Oncology
Rabies vaccination is also associated with adverse events
including the potential for autoimmune disease, anaphylaxis,
granuloma formation, soreness at the injection site, and tumor
development in cats.
Because rabies is a fatal disease in both humans and animals,
it is mandated by law that dogs and cats be vaccinated against
rabies in many parts of the country. Despite the fact that
adverse events associated with rabies vaccination may result
in death or the development of a tumor at the injection site
which may result in death or the development of a tumor at the
injection site, which may result in more than $3,000 in treatment
costs, owners really don’t have a choice whether their pet
receives the mandated rabies vaccines.
In many parts of the country, pet owners must have their animals
vaccinated for rabies or face a court appearance. Rabies laws
usually apply to dogs and / or cats regardless of how low the
risk of contracting rabies may be for an individual pet. Most
veterinarians support routine rabies vaccination for dogs and
cats for the protection of not only the pet, but also for public
health reasons. It could, however, be argued that the risk of
rabies in a cat living in a high-rise in Denver, Colorado is
much less than the risk of developing a fatal sarcoma as a result
of receiving the mandated three year rabies vaccine annually as
required by law (Denver has not had a case of terrestrial rabies
in over 20 years). Although the risk : benefit ratio this situation
would tend to favor not vaccinating for rabies, neither the client
nor the veterinarian has that choice. In order to comply with local
law, the three year rabies vaccine must be given annually or the
owner will face a possible court appearance.
The risk of developing a vaccine site tumor has been estimated
by the Vaccine Associated Feline Sarcoma Task Force to be between
1 / 1000 and 1 / 10,000 cats receiving rabies or feline leukemia
virus vaccines and the risk of developing vaccine site tumors
increases with the number of these vaccines administered,
Who is financially responsible if the owner complies with the law
and the cat develops a fatal adverse event such as a vaccine-associated sarcoma ?
Currently, the clients whose cat develops vaccine-associated tumors
must pay thousands of dollars for the treatment of this adverse
vaccine even that was caused by a veterinarian administering a
USDA-approved vaccine.
What recourse does the client who didn’t want their cat vaccinated
against rabies have against the veterinarian and the vaccine manufacture ?
Let’s first look at the liability of the vaccine manufacture. Surely,
based on state common law, the client should be able to hold the vaccine
manufacturer responsible for providing a product that resulted in harm.
This would be true if it were a human being who had an adverse reaction
to DTP vaccine, but it’s not the case for veterinary vaccines. Veterinary
vaccine safety and approval are the responsibility of the USDA, which
claims federal law preempts the state’s common law. If the vaccine is
produced in accordance with the USDA guidelines, recent court decisions
hold the manufacturer harmless for reactions caused by vaccines
( Smith-Kiln Beecham vs. Linnbrook Farms, Circuit Court of Appeals,
March 26, 1996).
It is interesting to note that although the FDA
controls the approval of licensure of human vaccines, the FDA claims
no federal preemption, and a human vaccine manufacturer may be held
liable for injury produced by their vaccines under state common law statutes.
What is the veterinarian’s liability in such a situation ?
If the veterinarian provided the owner with information regarding the
potential of adverse events associated with vaccination prior to vaccine
administration and there is evidence of such in the medical record,
the veterinarian would not be considered liable for the adverse events
caused by the vaccine. If the veterinarian, however, merely administered
the vaccine without providing information regarding potential adverse
events prior to the vaccination, the veterinarian may be considered
liable for damages associated with that product.
Rabies Vaccination
In all states, rabies vaccinations are required by law. The first rabies
vaccination is good for one year. In many states subsequent vaccinations
are good for three years. In other states, they are only valid for one
year by law. Please check with your vet to determine the legal requirements
in your state.
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P.S. If your dog or cat is ILL and You go to a
Veterinarian, they can NOT force the Rabies vaccine
upon you. Many Holistic Practicioners will offer other
options such as Homeopathic Nosodes. If I had a Strictly
Indoor Cat he would NEVER get ANY vaccines- regardless of
State Law.
P.P.S. I go into detail on the Alternatives to Vaccines
in the Veterinary Code. It’s at
It’s Your Pet. Heal Them At Home!
Best Wishes,
Dr Andrew Jones, DVM
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