Vermont Supreme Court Ruling Supports Animal Welfare in Turning Back Attempt to Expand...

Vermont Supreme Court Ruling Supports Animal Welfare in Turning Back Attempt
to Expand Pet-Related Litigation

WASHINGTON, May 8 /PRNewswire-USNewswire/ -- In a decision that will protect
animal health and welfare by containing the costs of caring for animals, the
Vermont Supreme Court today affirmed a lower court decision not to introduce
non-economic damages, such as pain and suffering, into pet litigation. The
Animal Health Institute joined numerous knowledgeable pet welfare and
ownership organizations in submitting a "friend of the court" brief urging the
Vermont high court to adopt this position.

In its ruling, the court explained that emotional damages are rarely permitted
for injuries to others and generally not available for the loss of many close
relatives. Therefore, even though pets have special characteristics as
personal property and that people have unique emotional attachments to their
pets, the court would not expand the law to provide recovery options for pets
that are not available in many human-human relationships. To rule otherwise,
the court stated, would be "a dramatic alteration to the law."

"It is beyond dispute that our bond with pets often, if not usually,
transcends their value to strangers in the marketplace," reads the decision.
"Experience tells us that emotional attachments can also attend our
associations with farm and work animals. Plaintiffs fail to demonstrate a
compelling reason why, as a matter of public policy, the law should offer
broader compensation for the loss of a pet than would be available for the
loss of a friend, relative, work animal, heirloom or memento -- all of which
can be prized beyond measure, but for which this state's law does not
recognize recovery for sentimental loss."

Joining the Animal Health Institute in submitting its "friend of the court"
brief were the Vermont Federation of Dog Clubs, the American Kennel Club and
the Pet Industry Joint Advisory Council. The group explained in their brief
that, "While a few owners may monetarily benefit from these awards, their pets
do not, and other people's pets will end up going without needed medical care.
This is because the cost of pet care will increase due to this new liability,
causing many owners to be unable or unwilling to provide their pets with
necessary and proper medical treatment."

In responding to the court's decision today, Dr. Kent McClure, General Counsel
for AHI said, "We commend the Vermont Supreme Court for siding with animals
and helping to protect a cost structure that has allowed people to care for
and form emotional attachments to their pets. Keeping costs affordable is
important to allow people of all income levels to enjoy access to care for
their pets."

Dr. McClure further explained that owners can already be fully compensated in
these lawsuits. "The current legal system already provides fair compensation
to aggrieved pet owners. Owners can be fully compensated for their
out-of-pocket expenses and for punitive damage awards where there is an
intentional malicious act. These new damages are unnecessary to owners and
harmful to pets."

The Vermont Supreme Court joins a long line of state courts reaffirming the
longstanding legal principle that emotional harm damages are not allowed in
litigation over pets. In the past few years, state supreme and appellate
courts in nearly thirty states have reaffirmed that emotional loss in pet
injury and death cases is not compensable under any legal theory. In
addition, a 2007 Gallup Poll found an overwhelming majority (63%) of
Americans, including pet owners, said that pet owners should only be entitled
to actual economic damages, and not pain and suffering-type awards.

Today's Vermont Supreme Court's decision can be found at
http://170.222.4.25/supct/current/op2008-030.html. The brief filed by AHI and
other pet groups is available on request.

AHI represents the companies that manufacture animal health products -- the
pharmaceuticals, vaccines and feed additives used in modern food production,
and the medicines that keep pets healthy.

SOURCE Animal Health Institute

Ron Phillips of the Animal Health Institute, +1-202-662-4130