Manhattan Couple Sues Greenies
for $5 Million In Dachshund's Death

Manhattan resident Michael Eastwood couldn't believe his eyes when he pinched the green, rubbery object taken from the stomach of Burt, the young miniature dachshund he and his wife Jennifer Reiff adopted just three years ago.

"I stared at it as we sat in the parking lot of the veterinarian's office last July," Mr. Eastwood says, "then I made out the grooves of the head of a toothbrush shape. It was a Greenie."

Greenies, manufactured by North Kansas City-based S&M NuTec, L.L.C., are popular, veterinarian-approved dog treats that have been on the market since 2000.

Burt's veterinarian, who pulled three feet of necrotic intestine from the small dog in a vain attempt to save his life, says a piece of the dry, highly-compressed treat expanded and caused a fatal intestinal blockage. Now, the Eastwood/Reiff couple is suing the maker of Greenies in a $5 million dollar product liability suit. Mr. Eastwood says he was convinced the company knew it was selling dangerous treats when he was offered $8,500.00 in return for agreeing not to pursue the matter.

The ASPCA and the Food and Drug Administration receive a number of complaints about dog treats every year. However, the ASPCA says Greenies pose no more of a threat than any other treat, especially those made out of compressed vegetable matter, like Greenies, or dehydrated rawhide chews.

"When a dog slobbers on any of these compressed treats, there will be some expansion," Dana Farbman, head of the ASPCA's Animal Poison Control Center in Urbana, Illinois says. She urged pet owners to always supervise their pets with treats and to note whether they are 'chewers' or 'gulpers;. "If your dog inhales treats, they may not be a good candidate for compressed chews," she says.

Mr. Eastwood insists Burt was a "poster boy" for Greenies and was never left unattended with the hard green treats he loved. "We knew what he was doing, and he knew was he was doing. When you spend $30.00 for a bag of dog treats that claims to be highly digestible and veterinarian approved, you don't doubt its safety."

For more information:

Burt's Cause: www.burtscause.com
(website run by Mr. Eastwood and Ms. Reiff and The Romeo Group)

Greenie's Website - Feeding Directions and Response to Claims
www.greenies.com and www.thetruthaboutgreenies.com

ASPCA Animal Poison Control Center
www.apcc.aspca.org
Email address for general (non-emergency) comments: napcc@aspca.org

FDA - Adverse Events or Concerns About Pet Products
www.fda.gov/cvm and www.fda.gov/opacom/backgrounders/complain.html

To join a New York Tails' Reader Survey on Pet Products:
Newyorktails@aol.com with "Pet Product Survey" in the Subject field (please indicate what kind of pet/pets you have.) We will contact you; all information kept strictly confidential.

Next Article

Doggie Day Care
Who Pays if Your Dog Gets Hurt?
by Karen Copeland, Esq.

Dear Karen:

My family and I went on vacation during the winter holidays and boarded our four dogs at [name of Manhattan-based, high-end dog day care/boarding facility withheld for legal reasons]. I had heard good things about it through articles in the press, but our experience was anything but good.

We called daily to ask about our dogs, in particular our 16 year-old Sheltie and our little two year-old Pappillon, and every day we were told they were fine. But when my husband picked them up my Sheltie and Pappillon were wheezing and coughing terribly. They'd never told us there was an outbreak of kennel cough in their facility, nor did they tell us our dogs showed signs of being infected, despite our daily calls. My vet said both of them had very bad lung infections and gave them strong antibiotics.

These dogs are my fur kids, they mean the world to my family, and I cannot believe that this facility would let this happen. It wasn't cheap--it cost over $1500.00 for less than a week of care for our four dogs. When we the facility to tell them how ill our dogs had become while in their care they said "these things happen" and it was "not their policy" to do anything about it when it does. Well I believe it is their duty to do something about it when this sort of thing happens. They should at least offer to pay the vet bills. (By the way, my elder Sheltie was missing a front tooth when she was returned to us, too.)

I am just so upset about this. Please initiate an investigation, or at least tell my story in the context that you often don't get what you pay for!

Many thanks - C.G., Oyster Bay, New York

Dear C.G:

I am so sorry to hear of your misfortune and the suffering endured by your animals.

There are actually a few answers. One, which you probably already know, is that you really can't safely leave your animals out of your sight, because terrible things can happen, and you will be left with little or no recourse.

Second, you could bring a small claims action in the county of the defendant's business for the amounts expended, up to $5,000.00. On the one hand, the courts are recognizing that pets are treasured by their owners and hold a special place in our society, but on the other hand, animals are still considered 'property' under the law. While the courts are slowly recognizing the emotional value of animals to their guardians, the amounts granted for the injury or loss of an animal are quite small, and are generally dwarfed by the cost of litigation, which can be considerable. I say this because it's possible a small claims court judge could value your 16 year-old dog for less than $20.00, no matter how beloved she is by you or how much you spent at the vet for her.

I am unaware of any case in which the courts have awarded any damages for pain and suffering for animals. Hopefully, our courts will continue to recognize that animals are unique and can't be valued in the same way as other property. One possible interim solution would be for our lawmakers to enact legislation which would value animals in the same way as trees. Under New York law, damage to trees can result in a court ordering triple damages against the person causing the damage. Perhaps if triple damages were awarded for injury to animals, professionals who deal with animals (veterinarians, groomers, boarders, dog-walkers) would be more accountable for their treatment of the animals in their charge.

Do you have a legal question for Ms. Copeland? Email it to newyorktails@aol.com. She may answer it in a future issue of New York Tails!