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#306891 - 07/02/08 11:40 AM 'Parrot Fever' Death: PetSmart to Blame
*helwa*
Unregistered


http://abcnews.go.com/GMA/story?id=5275452&page=1


Is the country's largest pet store chain to blame for the death of a 63-year old father and Vietnam War veteran from Texas? His family thinks so.

They believe a diseased exotic bird bought at a Corpus Christi PetSmart is responsible for the death of Joe De La Garza. And now the family is suing PetSmart for not protecting the consumer against a rare disease called psittacosis, or "parrot fever."

Amanda De La Garza was one of 11 million Americans who own pet birds. On Sept. 30, 2006, she could not resist a small $85 cockatiel.

"I noticed a little bird, which I later named Peachy," says Amanda, who lived with her 63-year-old father at the time. Sixteen days after bringing Peachy into her home, her father died, and Amanda slipped into a coma.

"When the doctors were alerted that I had birds, I had different antibiotics and I began to respond."

Amanda she says was shocked to learn she had contracted a bacterial infection, called psittacosis, from her pet cockatiel.

...............click link for more

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#306893 - 07/02/08 11:46 AM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: ]
Darkness Offline
Soulmate

Registered: 05/26/08
Posts: 2237
It's not going to win. They can't blame Petsmart on that.
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#306894 - 07/02/08 12:11 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: Darkness]
*helwa*
Unregistered


why not???

the store sold them a bird that was infected. and petsmart has every single ability to make sure that doesnt happen.

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#306899 - 07/02/08 12:22 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: ]
428pm Offline
Long Time Friend

Registered: 04/30/08
Posts: 959
They may not have known. When I worked for a large pet store, we had a customer get sick from one of our birds, it was a serious illness, they were hospitialized.

It was a canary and it has a form of chlamydia (sp?) The lady got some parrot fever, or something like that.

Thing is, I was there when she bought that bird, the bird department is adjacent to my dept. (small animals). That bird looked fine, I mean it wasn't singing, but alot of birds act different in a petstore than from when they are in a home. ANd food and water are difficult to moniter when you have more than 3 birds in a cage.

The people that work in petstores are not experts, they are not trained in animal care. Some employees work there for a long time, take their job seriously and research the animals, it may be a hobby or whatnot. But majority of the employees are akin to a coffee shop clerk.




Edited by 428pm (07/02/08 12:25 PM)
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#306903 - 07/02/08 12:28 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: 428pm]
Aruba's-mom
Unregistered


I guess we will just have to follow the story and find out. I sure never would have thought someone could win a lawsuit against a fast food chain because her coffee burnt her lap and they didn't warn her it might be hot! But win she did. Who knows in this world we live in.

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#306904 - 07/02/08 12:30 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: ]
Darkness Offline
Soulmate

Registered: 05/26/08
Posts: 2237
When you buy a bird from either petsmart or petco, you get a contract that you sign at purchase. On the back of that contract it says that all birds have the possibility of having that bacteria infection and to take them to a vet. The store is not responsible after purchase.

You get something similar when you adopt a pet from the SPCA here. It says that they have no liability if the pet has any viral or other infections once adopted.
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#306908 - 07/02/08 12:38 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: Darkness]
*helwa*
Unregistered


these are for minor infections, and yes can come from anywhere.

with aspca, i know for a fact that any animal you adopt from them comes with 30 days of free health insurance, and/or medical care from the shelter itself.

if not, then it cant be affiliated with the aspca.

also yes you do sign the contract, however, the store is indeed held liable for any and all medical care deemed neccesary so long as it is caught within 14-15 days.

Also when it comes to psiticosis, it is a public healthy issue, and due to it being so easily spread to humans and other birds, petsmart is REQUIRED to notify the state health department as well as the department of agriculture when they have even one bird that has tested positive, vets have that same requirement.

To a human being with a strong immune system, they will get sick and normally recover just fine. but to a child, elderly or other immune deficient people it can be and often is deadly.

let alone that it spreads like wildfire through out the avian population.

I do realize pet store employees are not animal experts and THAT is part of the problem.

these big chain stores should not be allowed to sell live animals, specially when it is so obvious they have neither the knowledge, concern, expertise or people to care for them properly.

The exact same contract says that they are selling you a bird in good faith that they are saying is in good health.

They are also bound to that part of the contract.

Most states have laws that make the seller liable, whether a company or a breeder.

state law trumps corporate policy.

petco and petsmart do not NEED to sell live animals, they dont do it properly.

lol just my 2 cent

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#306914 - 07/02/08 12:53 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: ]
Darkness Offline
Soulmate

Registered: 05/26/08
Posts: 2237
I guess they do it differently here. Because what I signed says that they are not responsible for all infections and the number one they list is Psiticosis. That the buyer must bring the bird to the vet. My avian vet tested all of mine for that main purposes. I'm just paraphrasing what my contract says here in front of me from petco that I signed.

The one from the SPCA here of delaware says that I'm aware that I am adopting and animal from them and has been exposed to kennel cough. I agree not to hold them responsible for any bills or problems that occur to the animal's health.

I signed the bottom of that paper

There is another similar one that I signed for Parvo virus.

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#306917 - 07/02/08 12:59 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: Darkness]
Darkness Offline
Soulmate

Registered: 05/26/08
Posts: 2237
I don't know if petsmart or petco test their birds at all or any of their animals for that matter. That's my my avian vet said they needed to be tested once I told him where I got them from. Told me that it was bad for children and elderly and with me having two toddlers, it was very important to get it done.

And obviously our SPCA here isn't affiliated with ASPCA because it's just called the Delaware SPCA.
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#306924 - 07/02/08 01:07 PM Re: 'Parrot Fever' Death: PetSmart to Blame [Re: Darkness]
428pm Offline
Long Time Friend

Registered: 04/30/08
Posts: 959
a vet can easily test them, but that is assuming that pet store birds ever see a vet. They don't.

I think it's a buyer beware situation.

If you are willing to buy an animal, that recieves basic care, and that's it, sometimes not even that. Has never seen a vet, and you are required to sign away liability when you purchase it, then common sense would say that there may well be some risks.
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