FCLC club members on our trip to the Irish Kennel Club in March 2003. The shows were in Dublin and the trip was very educational as to dog shows, different breeds, etc. in other countries. Our next trip will be Scotland in August 2005 for the shows there.
TX Vet sues due to over vaccination of dogs and cats
Critter Fixer Pet Hospital
Bob Rogers, DVM
5703 Louetta
Spring, Texas
77379
281-370-3262
April 17, 2002
Office of the Attorney General
Consumer Protection Division
Box 12548
Austin, Texas 78711-2548
Dear Sirs,
I hereby file a complaint against all licensed
Veterinarians engaged in companion animal practice in the State of
Texas for violation of the Rules of Professional Conduct, rule 573.26
which states: Licensed veterinarians shall conduct their practice
with honesty, integrity, and fair dealing to clients in time and
services rendered, and in the amount charged for services,
facilities, appliances and drugs.
I assert that the present practice of marketing of
vaccinations for companion animals constitutes fraud by
misrepresentation, fraud by silence, theft by deception, and undue
influence by all Veterinarians engaged in companion animal practice in
this state.
Recommending, administering, and charging for Canine
Corona vaccinations for adult dogs is fraud by misrepresentation,
fraud by silence, theft by deception, and undue influence given the
literature that states:
1. Dogs over eight weeks of age are not susceptible to
canine corona virus disease. Disease produced by canine corona virus
has never been demonstrated in adult dogs. Dogs over eight weeks of
age that are immunized against canine parvovirus will not develop
symptoms of canine corona virus disease. Addition of an unnecessary
antigen to the vaccination protocol will result in a lesser immunity
to the important diseases like parvovirus and distemper, and increase
the risk of adverse reactions.
2. Immunologists doubt that Canine corona virus
vaccine works, as it would require secretory mucosal IgA antibodies
to protect against Corona virus and a parenteral vaccine does not
accomplish this very well. Twenty-two Schools of Veterinary Medicine
including Texas A&M University do not recommend canine corona virus
vaccine.
3. Gastroenterologists at Schools of Veterinary
Medicine including Dr Michael Willard at Texas A&M University have
stated that they have only seen one case of corona virus disease in a
dog in ten years.
On several occasions large numbers of dogs have died
from adverse reactions to corona virus vaccine.
A reasonable client would not elect corona virus
vaccination for an adult dog if presented this information.
Recommending, administering, and charging for
re-administration of modified live vaccines like Canine Distemper,
Canine Parvovirus, Feline Panleukopenia, injectable Feline
Rhinotracheitis, and injectable Feline Calicivirus on an semi-annual,
annual, bi-annual or tri-annual basis is theft by deception, fraud by
misrepresentation, misrepresentation by silence, and undue influence
given the literature that states:
1. The USDA Center for Biologic and Therapeutic Agents
asserts that there is no scientific data to support label claims for
annual re-administration of modified live vaccines, and label claims
must be backed by scientific data.
2. It is the consensus of immunologist that a modified
live virus vaccine must replicate in order to stimulate the immune
system, and antibodies from a previous vaccination will block the
replication of the new vaccinate virus. The immune status of the
patient is not enhanced in any way. There is no benefit to the
patient. The client is paying for something with insignificant or no
effect, except that the patient is being exposed to unnecessary risk
of an adverse reaction.
3. A temporal association has been demonstrated
between vaccinations and the development of Immune Mediated Hemolytic
Anemia.
4. It has been demonstrated that the duration of
immunity for Canine Distemper virus is 7 years by challenge, and 15
years by serology; for Canine Parvovirus is 7 years by challenge, for
Feline Panleukopenia, Rhinotracheitis, and Feline Calicivirus is 7.5
years by challenge.
A reasonable client would not elect re-administration
of any of the above stated vaccinations for a previously immunized
pet if provided with the above information.
The recommendation for administration of Leptospirosis
vaccination in Texas is theft by deception, fraud by
misrepresentation, misrepresentation by silence and undue influence
given the fact that:
1. Although Leptospirosis is re-emerging as an endemic
disease for dogs in some areas of the country, Leptospirosis in dogs
in Texas is a very rare disease. According to the Texas Veterinary
Medical Diagnostic Lab there are only an average of twelve cases of
Leptospirosis documented in dogs in Texas per year.
Factors to identify those dogs that are at risk have not been
identified. Given that there are over 6 million dogs in Texas, the
risk of leptospirosis disease to a dog is less than 2 in a million.
2. The commonly used vaccine only contains serovars
Lepto. canicola, and Lepto icterohaemorrhagiae, and no cross
protection is provided against the other three serovars diagnosed in
Texas. Newer vaccines containing Lepto pomona, and Lepto rippotyphosa
are available but the duration of immunity is less than one year. To
provide protection for a dog against Leptospirosis would require two
vaccines with four serovars twice per year.
3. Although humans can develop Leptospirosis, the
spread of Lepto. from a dog to a human has never been documented and
is thought o be a very low risk. Given that the risk of an adverse
reaction, a reasonable client would not elect Vaccination of their
pet if provided with the above information.
The recommendation of Lyme disease vaccine for dogs
residing in Texas is fraud by misrepresentation, misrepresentation by
silence and undue influence given the literature that states:
1. The Texas Department of Health only reports an
average of 70 cases of Human Lyme disease per year in Texas, all of
which were likely acquired when people were traveling out of the
state.
2. Julie Rawlings reported in her research on the
incidence of the lyme disease organism in ticks in Texas State Parks
for the Texas Department of Health that the Borrelia burgdorferi
organism is not present in sufficient numbers or in the suitable
tick vector for dogs for Lyme disease to be endemic in Texas.
3. Eighty per cent of Lyme disease cases in the U.S.
are found in the nine New England States and Wisconsin.
4. Texas A&M College of Veterinary Medicine has not
documented one case of Lyme disease in a dog acquired in Texas.
Testing on shelter dogs has not revealed a single case.
5. Dr Jacobson, Cornell University has documented a
temporal relationship in over 327 cases of dogs, which acquired
polyarthritis after the Lyme disease vaccine.
A reasonable client would not elect Lyme disease
vaccine for their pet if given this information on the risks vs the
benefit.
The recommendation for vaccination of cats with an
adjuvanted vaccine without offering a safer alternative vaccine is
fraud by misrepresentation, misrepresentation by silence, and undue
influence given the literature that states:
1. Adjuvanted vaccines have been incriminated as a
cause of Injection Site Fibrosarcoma in cats.
2. 1:1000 cats vaccinated develop this type of cancer,
which is 100% fatal.
3. Safer alternative non-adjuvanted vaccines are
available.
A reasonable client would not elect adjuvanted
vaccines for their cat if given this information.
The recommendation for vaccination of cats with Feline
Infectious Peritonitis vaccine is fraud by misrepresentation,
misrepresentation by silence, and undue influence given the
literature that states:
1. Feline Infectious peritonitis is a rare disease.
2. Eight percent of adult cats carry the normal flora
avirulent Feline Corona Virus. On rare occasions this Corona Virus
mutates to become a virulent feline Infectious Peritonitis Virus.
Every mutation is a different variant and there is no cross
protection. This vaccine does not and cannot work.
3. Independent studies have not confirmed the
manufacturers claims for efficacy.
4. Twenty- two Schools of Veterinary Medicine and the
American Association of Feline Practitioners does not recommend this
vaccine.
A reasonable client would not elect this vaccine if
given this information.
The recommendation of annual Feline Leukemia Vaccine
for adult cats, and cats that are not at risk is theft by deception,
fraud by misrepresentation, misrepresentation by silence, and undue
influence given the literature that states:
1. Cats over one year of age, if not previously
infected, are immune to Feline Leukemia virus infection whether they
are vaccinated or not.
2. Adjuvanted Feline leukemia vaccine can cause
Injection Site Fibrosarcomas, a fatal type of cancer. This type of
cancer is though to occur in 1:10,000 cats vaccinated.
3. Only cats less than one year of age and at risk
cats should be vaccinated against Feline Leukemia virus.
A reasonable client would not elect this vaccine for
their cat if given this information.
The recommendation of annual rabies vaccination for
dogs and cats with three- year duration of immunity vaccine is theft
by deception, fraud by misrepresentation, misrepresentation by
silence, and undue influence given that:
1. The vaccines has been licensed by the USDA and
proven to have duration of immunity of three years by the USDA and
seven years by serology by Dr Ron Schultz, therefore annual
readministration the client is paying for something with no benefit.
2. Beyond the second vaccination, no data exist to
demonstrate that the immune statis of the pet is enhanced.
3. The National Association of State Public Health
Veterinarians recommendation is for vaccination of dogs and cats for
rabies at four months, one year later, and then every three years
subsequently. This remmendation has been proven effective in 33 States
in the United States.
The recommendation of blood tests for antibody titers
on dogs and cats in order to determine if re-administration of
vaccine is indicated is fraud by misrepresentation, misrepresentation
by silence, and undue influence given the literature that states:
1. The duration of immunity to infectious disease
agents is controlled by memory cells, B & T lymphocytes. Once
programed, memory cells persist for life. The presence of memory
cells is not taken into effect when testing for antibody titers.
2. Even in the absence of an antibody titer, memory
cells are capable of mounting an adequate immune response in an
immunized patient. A negative titer does not indicate lack of
immunity, or the ability of a vaccine to significantly enhance the
immune status of a patient.
3. A positive titer has not been demonstrated by
challenge studies to indicate immunity.
4. The client is paying for a test when a Veterinarian
can make no claims about the test results.
5. It has been proven that the re-administration of
modified live vaccines has no effect, and that duration of immunity
is 7 years or more.
A reasonable client would not elect this test if given
this information.
I have brought these deceptive trade practices to the
attention of this Board by writing six letters to the board, and
appearing before the Board at three Board meetings. The Board members
have demonstrated, by the questions that they have asked me, that
they are uniformed on these issues, that they have not read the
literature that I have sent to support my assertions, and that they
have not read the letters I have written. On every occasion the Board
members have refused to take any action on these matters.
The Board has also ignored my request to deny approval
of Continuing Education credit for seminars on Vaccination of
Companion Animals provided by Pfizer Animal Health drug company which
are fraudulent by omission of material facts, a conflict of interest,
and thereby nfluence Veterinarians to continue deceptive trade
practice in the marketing of vaccines.
The people of the State of Texas have paid over $360
million dollars per year for vaccinations that are unnecessary and
potentially harmful to their pets. Over 600,000 pets suffer every
year from adverse reactions to unnecessary vaccinations. Many of them
die.
A survey by the American Animal Hospital Association
shows that less than 7% of Veterinarians have updated their
vaccination recommendations, in spite of the fact that these new
recommendations have been published twice in every major Veterinary
Medical Journal since 1995.
Given that it is the compact of this Board with the
State of Texas to protect the people of Texas, and whereby it is
provided in the Texas Administrative Code Title 22, Part 24, Chapter
577, Subchapter B, Rule 577.16: Responsibilities of the Board (a) The
Texas Board of Veterinary Medical Examiners is responsible for
establishing policies and promulgating rules to establish and
maintain a high standard of integrity, skills, and practice in the
profession of Veterinary medicine in accordance with the Veterinary
Licensing Act, I hereby assert that the Texas State Board of
Veterinary Medical Examiners must take demonstrated and thorough
action to stop the deceptive trade practices and fraud in the
marketing of vaccinations for companion animals.
A reasonable solution would be for the Texas State
Board of Veterinary Medical Examiners to request an opinion from the
Attorney General on these issues, and for the Texas State Board to
issue a policy statement in the Board Notes indicating a Board policy
prohibiting each of the practices I have outlined above.
An alternative solution would be to notify every
Veterinarian engaged in companion animal practice in this state of the
complaint that has been filed against them, and prosecute each and
every complaint.
If demonstrated and thorough action to stop the
deceptive trade practices has not been taken by this Board within
ninety days of receipt of this letter I will file a class action suit
against the Texas State Board of Veterinary Medical Examiners on
behalf of the people of Texas, for negligence in the execution of
their responsibilities, and I will request a Court order to instruct
the Board to perform their duties.
Sincerely,
Dr Robert L Rogers
The above statements are true and accurate to the best of my knowledge
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Cross-posted with permission