Monday, October 17, 2011

Court Considers the "Value" of Dogs in Accessing Damages to Owners.

APPEALS COURT CONSIDERS NONECONOMIC DAMAGES OWED TO THE OWNERS OF DOGS POISONED BY NEIGHBORWhat Is a Dog Worth? Oral Argument in Heartbreaking Case Addresses How Our Legal System Values Companion Animals For immediate release:October 17, 2011 Tomorrow morning, the Colorado Court of Appeals will hear oral arguments in a case regarding the damages owed to several pet owners whose five beloved dogs were killed in 2006 after eating poisoned meat left near their property in Adams County by a neighbor who said he was attempting to kill coyotes. The national non-profit Animal Legal Defense Fund (ALDF) filed an amicus curiae (“friend of the court”) brief in the appeal after the trial court instructed the jury that the dog owners’ economic damages should be measured by the market value “cost” of their dogs, rather than the true “value” of their dogs. As a result of this and other rulings of the trial court, the monetary damages awarded to the plaintiffs at the trial court level did not adequately compensate the plaintiffs for their noneconomic losses that resulted from the terrifying deaths of their unique, irreplaceable animal companions. The plaintiffs include veterinarians, a horse trainer, and a boy who was nine-years-old at the time of the incident; their dogs Boomer, Kirby, Rooster, Tanner, and Doc all ate chicken meat that Daniel Bowen left outside after soaking it for two days in a highly poisonous herbicide—and suffered torturous deaths as a result. Doc died relatively quickly, but the other dogs were in agonizing distress for over a week, while their owners spent thousands of dollars on veterinary care, missed significant time from work, and endured excruciating emotional distress before their beloved companions succumbed. Bowen was charged with criminal cruelty to animals (charges were later dismissed on a technicality), and plaintiffs testified that he did not apologize and expressed no remorse for the deaths of their dogs. In tomorrow’s hearing, the plaintiffs’ attorneys will argue, among other legal issues, and supported by the Animal Legal Defense Fund’s amicus brief, that the law recognizes companion animals as a special kind of property, different than a table or a car, and that they cannot be assigned value in the same way as an inanimate object. Further, they will argue that because the jury in Sullivan et al. v. Bowen was incorrectly instructed on how to attach a value to the lost dogs and all of the injuries the plaintiffs suffered, the plaintiffs were denied the full damages to which they were entitled. “When cherished pets die, the sense of emotional loss is real— and when they are gone, they are irreplaceable. Thus, their actual value far exceeds the sticker price of another animal of the same species,” explains ALDF Executive Director Stephen Wells. “Jurisdictions across the nation are now recognizing that when people lose their companion animals through an act of abuse or negligence, they are entitled to damages that accurately reflect those losses.” Attorney Kate Burke of Durango, representing the plaintiffs along with Denver attorney Rosemary Orsini, said she hopes that the Sullivan case will “encourage Colorado to join those states that apply an ‘actual value’ or ‘special value’ test to measure the losses when companion animals are wrongfully injured or killed.” The Animal Legal Defense Fund’s amicus curiae brief can be viewed on the Court’s website at: All court briefs in Kathleen Sullivan et al. v. Daniel Bowen can be viewed at: Oral argument is being heard by the Court of Appeals at Fountain-Fort Carson High School as a part of the Courts in the Community program, designed to give high school students a hands-on experience of the Colorado judicial system. ALDF was founded in 1979 with the unique mission of protecting the lives and advancing the interests of animals through the legal system. For more information, please visit



A ProMED-mail post

ProMED-mail is a program of the

International Society for Infectious Diseases

Date: Fri 14 Oct 2011

From: Per Leines Lausund [edited]

We had problems with increased mortality in grey seals in the North

Sea countries in the late 1980s due to mass migration of Greenland

seal to new areas (reduced number of human and furred predators had

something to do with that; the increasing numbers of Greenland seals

obviously found the fish-rich coast of Norway enticing!) bringing with

them a morbilli (distemper) virus they were adapted to, whereas the

grey seals were not. Might be worth checking.


Lt Col Per Leines Lausund DVM MPH

Staff Veterinary Officer

Defence Command Norway



Date: Fri 14 Oct 2011

Source: Alaska Dispatch [edited]

Arctic ringed seals aren't the only marine mammals suffering an

unusual skin-lesion outbreak along Alaska's northern coasts.

Walruses that have hauled out by the thousands at Point Lay in

Northwest Alaska during recent summers -- an event driven by climate

change -- are also turning up with bizarre, festering sores.

Scientists estimate perhaps 600 are infected. Instead of wounds on

their faces and rear flippers, red abscesses pepper the animals'

entire bodies. But apparently only a few have perished.

Still, scientists from a number of agencies are working to answer

several questions, including whether the outbreaks in the 2 species

are related. They also worry the lesions could eventually lead to

deaths among Pacific walrus, an animal more than 100 000 strong that's

being considered for protections under the Endangered Species Act.

"Is it the bubonic plague or just a really bad case of acne?" asked

Tony Fischbach, a federal walrus biologist who first noticed the sores

on some walruses late this summer [2011].

As in the case of the ringed seals, biologists are working with the

North Slope Borough Department of Wildlife Management, pathology

experts, and others. They've sent skin and tissue samples to labs in

the US and Canada, but haven't pinpointed a cause. Everything from

viruses to toxins is being considered.

It doesn't appear that a huge numbers of walruses have the lesions. At

various times, an estimated 20 000 walruses have gathered on the


Leo Ferreira III, the former mayor in Point Lay, a village of 200

residents west of Barrow, said the sores seem to have contributed to

the deaths of some walruses.

"Most of them that are dying got the lesions on them," said Ferreira,

an Inupiat walrus hunter. He provided a little help last month

[September 2011] as scientists collected flesh samples from the

animals for testing. He's seen 2 dead ones with lesions.

"This is the 1st time this is happening," he said. "But this is also

happening with the ringed seals. We're very concerned. It's because we

think there is a disease spreading through them."

Sprawling walrus herds began hauling out on the beach near the village

in 2007, for the 1st time in memory, as temperatures warmed. Walrus

experts say it's because climate change has melted the sea ice the

animals normally use as a diving platform for bottom foraging.

Fischbach said biologists this summer witnessed new behavior among the

walruses at Point Lay. Previously, they did their diving for clams and

mud-dwelling worms near the beach. But that's not a rich feeding


So many walruses used the Point Lay beaches as their base camp. They

made long trips to feed at a site about 100 miles [160 km] off the

coast of Wainwright, a village north east of Point Lay. With the ice

gone, the walruses had no place to rest, Fischbach said. Some would

swim for 2 weeks before they returned to the beach, where they'd rest

a few days before leaving on another long trip.

Fischbach first spotted a sick walrus in late August [2011]. He was

there for an unrelated radio-tagging effort. On the edge of a huge

herd of animals, he crawled across the beach, trying to stay low and

out of sight.

One day he came across an abandoned calf that barely moved and

appeared to be dying. He first thought sea gulls had picked at it, but

he later saw other walruses with similar sores. "This little guy had

lesions all over him," Fischbach said. "That caused me concern because

it was near death."

Almost every walrus that swam onto the beach, especially single female

adults, approached the calf. Some tried nudging it toward the herd,

without results. "They seemed to be very interested in it, but they

moved on after a while," Fischbach said.

Fischbach saw other walruses with the lesions, but they appeared to be

healthy despite the open wounds across their body. The sores weren't

from jousting with tusks, something walruses are famous for when

gathered in herds.

"These lesions are very different from scars and tusk strikes," said

Fischbach. "Those heal up right away. This was different because

across the entire body you had large pock marks, like a really bad

case of acne."

He didn't know how many had been affected, because he was on the edge

of the herd. But he reported the sightings to the US Fish and Wildlife


Scientists who flew to the scene to assess the problem have estimated

that 6 per cent of the 10 000 to 20 000 animals that have hauled out

near Point Lay have the lesions, said Jason Herreman, a biologist with

the North Slope Borough. That would mean at least 600 had the


Several groups are now working to determine the cause of the wounds,

said Teri Rowles, coordinator of the Marine Mammal Health and

Stranding Response Program under the National Oceanic and Atmospheric


They're also working on the ringed seal problem. In recent weeks,

North Slope Borough biologists have found close to 50 dead ringed

seals that had lesions and patchy hair loss. Julie Speegle of NOAA

[National Oceanic and Atmospheric Administration] said [that] lesions

have been found in the animals' respiratory system, liver, heart, and

brain as well.

The NOAA office in Alaska is also working with the borough's

department to prepare data to request a finding of an "unusual

mortality event" for the ringed seals, Rowles said.

Such a finding, allowed under the Marine Mammal Protection Act, could

free up federal funds and additional experts to determine what's

hurting the seals. Once a request is submitted, an international panel

of experts will determine if the ringed seals qualify for the


The outbreak among ringed seals is reportedly occurring in Chukotka,

Russia, and in northern Canada, and officials said they are working

with biologists to determine if there's a link with seals in those

countries. Harp seals in Greenland had similar problems earlier this

year [2011].

"We don't know what's going on, but we're looking at infectious

agents," Rowles said. "Is it bacterial, viral, fungal? And we're

looking at biotoxins and other chemical contaminants, as well as

overall metabolism."

Is it possible the animals more prone to illness because they're now

forced to swim long distances that leave them fatigued with weak

immune systems?

"That's one of the concerns," said Rosa Meehan, chief of the Marine

Mammals Management division in the US Fish and Wildlife Service. "As

their environment changes they may become more susceptible to things

like disease."

Back in Point Lay, many of the walruses have left their beach haul-out

and moved on for the winter, some likely to beach haul-outs in Russia,

she said. Ferreira said that a few have stuck around near the village.

If they're still there by the time the lagoon outside the village

freezes, he said he'll head across the ice and kill one for food. But

he'll avoid the sick animals. "I'd rather not," he said. "This is the

1st time I've seen this kind of thing."

[byline: Alex DeMarban]


communicated by:

ProMED-mail from HealthMap alerts

[Many thanks to Dr Per Lausund for his comments. We are awaiting more

information on this die-off. - Mod.MPP

Mass seal mortality associated with phocine distemper virus (PDV)

infection has been documented several times along the European and

North American coasts. The virus was first documented in 1988, when

harbor seals (_Phoca vitulina_) and gray seals (_Halichoerus grypus_)

died in large numbers off the coast of northern Europe (the episode

referred to above by Dr Per Lausund). A more recent episode in Europe

occurred in 2002, with an estimated 30 000 harbor and gray seal


Millions of seals of various species inhabit the waters surrounding

North America; populations of most species are believed to be stable

or increasing, and no epidemics on the scale of those reported in

Europe have been reported. PDV disease in the United States was first

reported in harbor seals on the east coast during the winter of

1991-92, and serologic testing of gray and harbor seals suggested that

a PDV-like strain or strains were circulating enzootically in the

region. The clinical signs associated with PDV infection are tremors,

spasms, respiratory distress, and abortion. Not quite the skin lesions

reported in this episode.

Portions of this comment were extracted from


The skin lesions in walruses seem to be quite different from those in

ringed seals. Pictures of the walrus lesions can be seen at

and of the seal lesions at


The proximal cause of the disease might be a different one, but there

could be a common origin. A multi-factorial etiology is very likely.

The histopathology results will certainly shed some light.

The interactive HealthMap/ProMED-mail map for the state of Alaska is

available at - Mod.PMB]