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Vet Sues Due To Over Vaccination Of Dogs And Cats

From: ************
To: Office of the Attorney General
Consumer Protection Division
Box 1!"# Austin$ Texas %#%11&!"#
A'ril 1%$ ((
Dear )irs$
* here+y file a com'laint a,ainst all licensed -eterinarians en,a,ed in com'anion animal
'ractice in the )tate of Texas for violation of the .ules of Professional Conduct$ rule
!%/01 2hich states3 4icensed veterinarians shall conduct their 'ractice 2ith honesty$
inte,rity$ and fair dealin, to clients in time and services rendered$ and in the amount
char,ed for services$ facilities$ a''liances and dru,s0
* assert that the 'resent 'ractice of mar5etin, of vaccinations for com'anion animals
constitutes fraud +y misre'resentation$ fraud +y silence$ theft +y dece'tion$ and undue
influence +y all -eterinarians en,a,ed in com'anion animal 'ractice in this state0
.ecommendin,$ administerin,$ and char,in, for Canine Corona vaccinations for adult
do,s is fraud +y misre'resentation$ fraud +y silence$ theft +y dece'tion$ and undue
influence ,iven the literature that states:
10 Do,s over ei,ht 2ee5s of a,e are not susce'ti+le to canine corona virus disease0
Disease 'roduced +y canine corona virus has never +een demonstrated in adult do,s0
Do,s over ei,ht 2ee5s of a,e that are immuni6ed a,ainst canine 'arvovirus 2ill not
develo' sym'toms of canine corona virus disease0 Addition of an unnecessary anti,en
to the vaccination 'rotocol 2ill result in a lesser immunity to the im'ortant diseases li5e
'arvovirus and distem'er$ and increase the ris5 of adverse reactions0
0 *mmunolo,ists dou+t that Canine corona virus vaccine 2or5s$ as it 2ould re7uire
secretory mucosal *,A anti+odies to 'rotect a,ainst corona virus and a 'arenteral
vaccine does not accom'lish this very 2ell0 T2enty&t2o )chools of -eterinary 8edicine
includin, Texas A98 :niversity do not recommend canine corona virus vaccine0
/0 Gastroenteroli,ists at )chools of -eterinary 8edicine includin, Dr 8ichael ;illard at
Texas A98 :niversity have stated that they have only seen one case of corona virus
disease in a do, in ten years0
On several occasions lar,e num+ers of do,s have died from adverse reactions to
corona virus vaccine0
A reasona+le client 2ould not elect corona virus vaccination for an adult do, if 'resented
this information0
.ecommendin,$ administerin,$ and char,in, for re&administration of modified live
vaccines li5e Canine Distem'er$ Canine Parvovirus$ Feline Panleu5o'enia$ in<ecta+le
Feline .hinotracheitis$ and in<ecta+le Feline Calicivirus on an semi&annual$ annual$ +i&
annual or tri&annual +asis is theft +y dece'tion$ fraud +y misre'resentation$
misre'resentation +y silence$ and undue influence ,iven the literature that states:
10 The :)DA Center for Biolo,ic and Thera'eutic A,ents asserts that there is no
scientific data to su''ort la+el claims for annual re&administration of modified live
vaccines$ and la+el claims must +e +ac5ed +y scientific data0
0 *t is the consensus of immunolo,ist that a modified live virus vaccine must re'licate in
order to stimulate the immune system$ and anti+odies from a 'revious vaccination 2ill
+loc5 the re'lication of the ne2 vaccinate virus0 The immune status of the 'atient is not
enhanced in any 2ay0 There is no +enefit to the 'atient0 The client is 'ayin, for
somethin, 2ith insi,nificant or no effect$ exce't that the 'atient is +ein, ex'osed to
unnecessary ris5 of an adverse reaction0
/0 A tem'oral association has +een demonstrated +et2een vaccinations and the
develo'ment of *mmune 8ediated =emolytic Anemia0
"0 *t has +een demonstrated that the duration of immunity for Canine Distem'er virus is
% years +y challen,e$ and 1! years +y serolo,y3 for Canine Parvovirus is % years +y
challen,e$ for Feline Panleu5o'enia$ .hinotracheitis$ and Feline Calicivirus is %0! years
+y challen,e0
A reasona+le client 2ould not elect re&administration of any of the a+ove stated
vaccinations for a 'reviously immuni6ed 'et if 'rovided 2ith the a+ove information0
The recommendation for administration of 4e'tos'irosis vaccination in Texas is theft +y
dece'tion$ fraud +y misre'resentation$ misre'resentation +y silence and undue influence
,iven the fact that:
10 Althou,h 4e'tos'irosis is re&emer,in, as an endemic disease for do,s in some areas
of the country$ 4e'tos'irosis in do,s in Texas is a very rare disease0 Accordin, to the
Texas -eterinary 8edical Dia,nostic 4a+ there are only an avera,e of t2elve cases of
4e'tos'irosis documented in do,s in Texas 'er year0 Factors to identify those do,s that
are at ris5 have not +een identified0 Given that there are over 1 million do,s in Texas$ the
ris5 of le'tos'irosis disease to a do, is less than in a million0
0 The commonly used vaccine only contains serovars 4e'to0 canicola$ and 4e'to
icterohaemorrha,iae$ and no cross 'rotection is 'rovided a,ainst the other three
serovars dia,nosed in Texas0 >e2er vaccines containin, 4e'to 'omona$ and 4e'to
ri''oty'hosa are availa+le +ut the duration of immunity is less than one year0 To 'rovide
'rotection for a do, a,ainst 4e'tos'irosis 2ould re7uire t2o vaccines 2ith four serovars
t2ice 'er year0
/0 Althou,h humans can develo' 4e'tos'irosis$ the s'read of 4e'to0 from a do, to a
human has never +een documented and is thou,ht to +e a very lo2 ris50 Given that the
ris5 of an adverse reaction$ a reasona+le client 2ould not elect -accination of their 'et if
'rovided 2ith the a+ove information0
The recommendation of 4yme disease vaccine for do,s residin, in Texas is fraud +y
misre'resentation$ misre'resentation +y silence and undue influence ,iven the literature
that states:
10 The Texas De'artment of =ealth only re'orts an avera,e of %( cases of =uman 4yme
disease 'er year in Texas$ all of 2hich 2ere li5ely ac7uired 2hen 'eo'le 2ere travelin,
out of the state0
0 ?ulie .a2lin,s re'orted in her research on the incidence of the lyme disease
or,anism in tic5s in Texas )tate Par5s for the Texas De'artment of =ealth that the
Borrelia +ur,dorferi or,anism is not 'resent in sufficient num+ers or in the suita+le tic5
vector for do,s for 4yme disease to +e endemic in Texas0
/0 @i,hty 'er cent of 4yme disease cases in the :0)0 are found in the nine >e2 @n,land
)tates and ;isconsin0
"0 Texas A98 Colle,e of -eterinary 8edicine has not documented one case of 4yme
disease in a do, ac7uired in Texas0 Testin, on shelter do,s has not revealed a sin,le
case0
!0 Dr ?aco+son$ Cornell :niversity has documented a tem'oral relationshi' in over /%
cases of do,s$ 2hich ac7uired 'olyarthritis after the 4yme disease vaccine0
A reasona+le client 2ould not elect 4yme disease vaccine for their 'et if ,iven this
information on the ris5s vs0 the +enefit0
The recommendation for vaccination of cats 2ith an ad<uvanted vaccine 2ithout offerin,
a safer alternative vaccine is fraud +y misre'resentation$ misre'resentation +y silence$
and undue influence ,iven the literature that states:
10 Ad<uvanted vaccines have +een incriminated as a cause of *n<ection )ite
Fi+rosarcoma in cats0
0 1:1((( cats vaccinated develo' this ty'e of cancer$ 2hich is 1((A fatal0
/0 )afer alternative non&ad<uvanted vaccines are availa+le0 A reasona+le client 2ould not
elect ad<uvanted vaccines for their cat if ,iven this information0
The recommendation for vaccination of cats 2ith Feline *nfectious Peritonitis vaccine is
fraud +y misre'resentation$ misre'resentation +y silence$ and undue influence ,iven the
literature that states:
0 Feline *nfectious 'eritonitis is a rare disease0
/0 @i,ht 'ercent of adult cats carry the normal flora avirulent Feline Corona -irus0 On
rare occasions this Corona -irus mutates to +ecome a virulent feline *nfectious
Peritonitis -irus0 @very mutation is a different variant and there is no cross 'rotection0
This vaccine does not and cannot 2or50
"0 *nde'endent studies have not confirmed the manufacturers claims for efficacy0
!0 T2enty&t2o )chools of -eterinary 8edicine and the American Association of Feline
Practitioners does not recommend this vaccine0
A reasona+le client 2ould not elect this vaccine if ,iven this information0
The recommendation of annual Feline 4eu5emia -accine for adult cats$ and cats that are
not at ris5 is theft +y dece'tion$ fraud +y misre'resentation$ misre'resentation +y
silence$ and undue influence ,iven the literature that states:
10 Cats over one year of a,e$ if not 'reviously infected$ are immune to Feline 4eu5emia
virus infection 2hether they are vaccinated or not0
0 Ad<uvanted Feline leu5emia vaccine can cause *n<ection )ite Fi+rosarcomas$ a fatal
ty'e of cancer0 This ty'e of cancer is thou,ht to occur in 1:1($((( cats vaccinated0
/0 Only cats less than one year of a,e and at ris5 cats should +e vaccinated a,ainst
Feline 4eu5emia virus0 A reasona+le client 2ould not elect this vaccine for their cat if
,iven this information0
The recommendation of annual ra+ies vaccination for do,s and cats 2ith three&year
duration of immunity vaccine is theft +y dece'tion$ fraud +y misre'resentation$
misre'resentation +y silence$ and undue influence ,iven that:
"0 The vaccines has +een licensed +y the :)DA and 'roven to have duration of
immunity of three years +y the :)DA and seven years +y serolo,y +y Dr .on )chult6$
therefore annual re&administration the client is 'ayin, for somethin, 2ith no +enefit0
!0 Beyond the second vaccination$ no data exist to demonstrate that the immune status
of the 'et is enhanced0
10 The >ational Association of )tate Pu+lic =ealth -eterinarians recommendation is for
vaccination of do,s and cats for ra+ies at four months$ one year later$ and then every
three years su+se7uently0 This recommendation has +een 'roven effective in // )tates
in the :nited )tates0
The recommendation of +lood tests for anti+ody titers on do,s and cats in order to
determine if re&administration of vaccine is indicated is fraud +y misre'resentation$
misre'resentation +y silence$ and undue influence ,iven the literature that states:
10 The duration of immunity to infectious disease a,ents is controlled +y memory cells$ B
9 T lym'hocytes0 Once 'ro,rammed$ memory cells 'ersist for life0 The 'resence of
memory cells is not ta5en into effect 2hen testin, for anti+ody titers0
%0 @ven in the a+sence of an anti+ody titer$ memory cells are ca'a+le of mountin, an
ade7uate immune res'onse in an immuni6ed 'atient0 A ne,ative titer does not indicate
lac5 of immunity$ or the a+ility of a vaccine to si,nificantly enhance the immune status of
a 'atient0
#0 A 'ositive titer has not +een demonstrated +y challen,e studies to indicate immunity0
B0 The client is 'ayin, for a test 2hen a -eterinarian can ma5e no claims a+out the test
results0
1(0 *t has +een 'roven that the re&administration of modified live vaccines has no effect$
and that duration of immunity is % years or more0
A reasona+le client 2ould not elect this test if ,iven this information0
* have +rou,ht these dece'tive trade 'ractices to the attention of this Board +y 2ritin,
six letters to the +oard$ and a''earin, +efore the Board at three Board meetin,s0 The
Board mem+ers have demonstrated$ +y the 7uestions that they have as5ed me$ that
they are uniformed on these issues$ that they have not read the literature that * have
sent to su''ort my assertions$ and that they have not read the letters * have 2ritten0 On
every occasion the Board mem+ers have refused to ta5e any action on these matters0
The Board has also i,nored my re7uest to deny a''roval of Continuin, @ducation credit
for seminars on -accination of Com'anion Animals 'rovided +y Pfi6er Animal =ealth
dru, com'any 2hich are fraudulent +y omission of material facts$ a conflict of interest$
and there+y influence -eterinarians to continue dece'tive trade 'ractice in the mar5etin,
of vaccines0
The 'eo'le of the )tate of Texas have 'aid over C/1( million dollars 'er year for
vaccinations that are unnecessary and 'otentially harmful to their 'ets0 Over 1(($(((
'ets suffer every year from adverse reactions to unnecessary vaccinations0 8any of
them die0
A survey +y the American Animal =os'ital Association sho2s that less than %A of
-eterinarians have u'dated their vaccination recommendations$ in s'ite of the fact that
these ne2 recommendations have +een 'u+lished t2ice in every ma<or -eterinary
8edical ?ournal since 1BB!0
Given that it is the com'act of this Board 2ith the )tate of Texas to 'rotect the 'eo'le of
Texas$ and 2here+y it is 'rovided in the Texas Administrative Code Title $ Part "$
Cha'ter !%%$ )u+cha'ter B$ .ule !%%011: .es'onsi+ilities of the Board DaE The Texas
Board of -eterinary 8edical @xaminers is res'onsi+le for esta+lishin, 'olicies and
'romul,atin, rules to esta+lish and maintain a hi,h standard of inte,rity$ s5ills$ and
'ractice in the 'rofession of -eterinary medicine in accordance 2ith the -eterinary
4icensin, Act$ * here+y assert that the Texas )tate Board of -eterinary 8edical
@xaminers must ta5e demonstrated and thorou,h action to sto' the dece'tive trade
'ractices and fraud in the mar5etin, of vaccinations for com'anion animals0
A reasona+le solution 2ould +e for the Texas )tate Board of -eterinary 8edical
@xaminers to re7uest an o'inion from the Attorney General on these issues$ and for the
Texas )tate Board to issue a 'olicy statement in the Board >otes indicatin, a Board
'olicy 'rohi+itin, each of the 'ractices * have outlined a+ove0
An alternative solution 2ould +e to notify every -eterinarian en,a,ed in com'anion
animal 'ractice in this state of the com'laint that has +een filed a,ainst them and
'rosecute each and every com'laint0
*f demonstrated and thorou,h action to sto' the dece'tive trade 'ractices has not +een
ta5en +y this Board 2ithin ninety days of recei't of this letter * 2ill file a class action suit
a,ainst the Texas )tate Board of -eterinary 8edical @xaminers on +ehalf of the 'eo'le
of Texas$ for ne,li,ence in the execution of their res'onsi+ilities$ and * 2ill re7uest a
Court order to instruct the Board to 'erform their duties0
)incerely$
Dr0 *********
4ouetta )'rin,$ Texas