Newsflash: Pets Bite. Is it Worth a Lawsuit?

May 11th, 2010. By AbiK

You be the judge.

Here’s the story. Karen Costa and her former fiance purchased a longhaired female tabby and the cat’s brother as part of a package-deal adoption from PetCo, in conjunction with KittyKind, in Manhattan. Great and that should be the end of the story.

But as the NY Daily News and a host of other media outlets report, the cat—the brother—apparently wasn’t too friendly. He hid under the bed for weeks. And when he did finally emerge, he bit Costa’s right middle finger. Pretty badly.

She was hospitalized for three nights and needed surgery.

She’s now filed a lawsuit against PetCo and KittyKind. For negligence. For mislabeling the cats. As domestic—when she claims the one at least was “feral” and should never have been available for adoption.

I feel badly for Costa. She got hurt—and it required more than a band-aid. She also thought she was providing a home to two otherwise homeless cats—cats that would become part of her family, or at least an integral part of the fabric of her daily life.

But two things struck me about this lawsuit.

First, regardless of where you buy a pet or how domesticated it is, it is still…a pet. It’s an animal. And while many animals do just fine as they coexist with humans in human homes, there still is always a chance that they may nip, bite or become aggressive. It’s kind of a buyer beware thing.

The other thing that struck me about this one is that the purchase involved KittyKind. I’m all for taking in abandoned or neglected pets. It’s a very selfless thing to do. But when you do, there’s an inherent understanding that you may not have all the info about the pet that you’d otherwise get if you were to purchase the pet from a breeder. And even then there’s no guarantee.

I speak from experience—I’ve had pets from both breeders and from, gee whiz, PetCo. In fact, I was just bitten last week by a hamster I had purchased from PetCo—enough so that it required a doctor’s visit. The little sucker got me good. But I’ve had hamsters for years. And I know they can bite. I also know cats can scratch and bite. And I know dogs can jump up and bite. I’ve filed police reports when someone else’s dog bit me. But I’ve never filed a lawsuit.

Like I said, I feel badly for Costa. She was put out of commission for a while and claims she lost an account at work—a marketing contract with a major beverage distributor. But I’m not completely convinced that the onus here falls entirely on PetCo and KittyKind. We’ll have to see where this one goes…

Pampers Moms Pissed, Want Answers

May 11th, 2010. By AbiK

Skip the puns here—there’s none intended. Moms are pissed, and rightfully so. Tried and true diaper brand Pampers has come out with a “new and improved” diaper–this time with “Dry Max” technology. It’s in their Swaddlers and Cruisers sizes…those for newborns and those starting to “cruise”.

Only problem is this Dry Max seems to generate Diaper Rash Max. And apparently not the “oh, throw some White’s A&D or Butt Paste on it and give it a couple of days” type.

There are stories circulating on the web right now…Facebook, Mommy Forums…about “burning” rashes. And “bleeding”. And “welts”. You’re not going to be putting Butt Paste on that—that’s when it becomes time for a trip to the pediatrician. And, I know I don’t have to tell any moms it also means diaper changes that are akin to a living hell and some (more) sleepless nights.

Of course, there’s seemingly little coming out of the Pampers (P&G) camp on the issue. Though some folks on Facebook—hard to say whether they’re plants which is always the risk with social media—are saying that P&G is responding if you email them; you get “paperwork” to fill out. I haven’t emailed or called—yet. You can also fill out a complaint with the CPSC if you’d like.

If you go to the Pampers site, however—home to tug-at-the-heartstrings promotional headlines like, “Pampers Swaddlers and Cruisers with Dry Max, Caring for the world the way a mom would”—there’s no mention that anything may be out of sorts. Ditto the P&G site. They’ve got a PR mess on their hands and where’s the statement?

Meanwhile, you’re sitting at home trying to blow on your infant’s bottom as you change her just to try to ease her agony. You know something’s out of sorts.

Mind you, the Pampers site is more of a community. Called Pampers Village. Remember Hillary’s “it takes a village?” If this is the village that’s opening its arms for my baby, no thanks. And you have to Read the rest of this entry »

2 Clueless Wonders & Taking the Fire to the Fire Dept: It’s Tortelicious

May 11th, 2010. By LucyC

Welcome to Totally Tortelicious—a review of some of the more bizarre legal stories making news—and there’s certainly no shortage of them. 

Stick-Up Note Provides Dietary Fiber…Almost. A 40-year old woman in Ohio was recently arrested for trying—unsuccessfully—to rob a bank. After reading the story, one could safely say that she is no career criminal and probably should not quit her day job.

Lois Harvey apparently walked into a branch of Columbus Chase bank one morning last week, and took her place in line with full intentions of robbing the bank, by note. However, she failed to notice that a police officer was directly behind her in the line up—that is she didn’t notice until she was up at the counter and presumably in the process of putting the incriminating prose in front of the teller.

Now, according to media reports, the cop was off-duty—but in uniform—complete with fluorescent traffic-stopping gotta-be-blind-to-miss yellow vest! (that’s the cop in the pic, with blond Lois in front of him; photo: FBI)—and wasn’t aware of what was going on. That’s comforting. But when he saw Lois grab her note back and run out of the bank he presumably put 2 and 2 together, followed her out, made her cough up the note which she was trying to eat (yuk!) and arrested her.

Poor old Lois was jailed, obviously, and the local judge set bond at $250,085. Given her possible financial situation, I’m betting she’s gonna be there for a while. Well, it gives her time to read up on less demanding career options.

C’mon and Take a Free Ride. Not. What would you do if you wanted a ride home and your cell phone was out of juice? A Maryland man thought he’d dial 911—because it was the only call his Read the rest of this entry »

Mmmaybe not…BP up for Safety Award, Ceremony Quietly Postponed

May 7th, 2010. By Hunter West

If it wasn’t so tragic—with loss of life and the almost certain environmental threat—the explosion and sinking of the Deepwater Horizon would have taken on a completely unexpected spin with an irony so delicious you could taste it.

Instead, it’s just sad.

That’s because BP, the multinational oil company that had leased the Deepwater Horizon and is now scrambling to stem the flow of millions of gallons of crude oil beneath the surface of the Gulf of Mexico, was a favorite to win an environmental award last Monday that celebrated the safety and efficiency of the offshore drilling industry.

Needless to say, in the wake of the ongoing crisis, that ceremony was quietly postponed.

Somebody is thinking at the federal Minerals Management Service, the sponsor of the awards. Whomever handles their public relations over there deserves a raise in pay and a pat on the back, as going through with the ceremony in light of what has happened would be a gaffe of major proportions capable of reverberating around the world.

Can you imagine? Everybody from Jon Stewart to Jay Leno would be all over it. If people are already saddened and angered over the accident and the environmental impact, such an ill-advised decision to forge ahead with a self-serving glad-fest would leave the rest of us seeing red as we watch the Gulf of Mexico turn brown, as Mother Earth bleeds green.

Make no mistake, in any other scenario and at any other time the annual Industry SAFE Awards would be—and is—an important incentive for an industry that plays with fire as far as the Read the rest of this entry »

The Pill Turns 50 But Many Women aren’t Celebrating

May 7th, 2010. By janem

This week marks the 50^th anniversary of the birth control pill. We’ve come a long way baby! But some things haven’t changed: Even 35 years ago women were complaining about side effects, including blood clots.  Back in 1960, the pill was marketed as 100 percent safe, it would liberate women and it would even prevent divorce. Well, Bayer is still lying about its birth control pills Yasmin and Yaz, saying it is as safe as other oral contraceptives.

A few events regarding the pill have been announced this past month. On April 9, 2010 Bayer HealthCare Pharmaceuticals announced it would update its Yaz and Yasmin labels with a stronger warning, which has already happened in Europe. And Bayer has a dirty little secret: Did you know that 32,856 boxes of Yaz, at three packs per box, and 122,208 boxes of Ocella, an identical product was recalled? You won’t find that recall on its website and you have to dig deep to find it on the FDA recall list.

TIME magazine featured an article on the pill this month. Here is an excerpt:

“In 1954, John Rock, the doctor who was leading the research on the pill, expressed the breathless excitement shared by many of his colleagues: An oral contraceptive, he said, “would be the greatest aid ever discovered to the happiness and security of individual families – indeed, to mankind” because “the greatest menace to world peace and decent standards of life today is not atomic energy but sexual energy.”

Regarding pregnancy, the article says that ” 63 percent say they know little or nothing about Read the rest of this entry »