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How much is a pets life worth?

Dogs death leads to examination of law
By BOB DUNN

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Anne Ott Deerfield Elementary

Making it pay

Recorder Staff
GREENFIELD How much is your pet worth? If you ask Cindy Foster and her family what their 7-year-old golden retriever/cocker spaniel crossbreed was worth before it died during a procedure at a local veterinary hospital, theres no price tag they could ever attach. The state of Massachusetts, however, can. Jon Rankin, a Framingham-based lawyer who specializes in animal See PET DEATH Page A2

providAssad araa, age in

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Officials: Legalize fireworks, expect injuries

Turners Fire Chief worries kids will get hurt
By RICHIE DAVIS
A legislative proposal to let Massachusetts towns decide if they want to legalize sale and private use of fireworks got an airing Thursday and also a less than celebratory reaction locally. At a press event in the New Hampshire border town of Winchendon, a few yards away from an Atlas Fireworks retail store in Rindge, N.H., Rep. Richard Bastien, R-Gardner, made a case for his bill, which he says would be an economic boon for Bay State towns and allow those towns to issue permits. Some of the money from permit fees and fines would be collected in a Fire Marshal Fireworks fund to help local departments defray costs. But while Bastiens bill would mean one less incentive to drive over the border, as he suggests, it would also likely increase the use of fireworks in Massachusetts, where private pyrotechnic use is illegal. And that, suggest area fire chiefs and police chiefs, would likely lead to more accidents. I can foresee more people getting hurt, said Turners Falls Fire Chief Raymond Godin. There are people who love fireworks but who dont do it because its against the law. I think wed have more and more people buying and setting off firecrackers, and not everyone would be as careful and as cautious as they should be.

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The Recorder Saturday, July 2, 2011 Recorder Staff

Greenfield, Massachusetts

Pet death: Error at veterinary hospital prompts owner to want to sue

Godin also worries that in addition to possibly causing eye injuries and burns, fireworks set off too close to buildings could accidentally start fires. Even now, with fireworks sales just over the state line, police have a hard time responding to all of the fireSee FIREWORKS Page A2

From Page A1 law, said in the event of the death of an animal through negligence or substandard veterinary care, the state will only award fair market value as damages. That value is calculated after considering factors like pedigree, age, purchase price and special training, but will usually be relatively low, considering the amount of expense involved in bringing a suit to trial. You have to weigh the practicality of bringing a suit, at the end of the day, Rankin said. Foster and her family say they lost Bella on May 22 after noticing she was lethargic and constantly licking her own nose. The family, which lives on Lincoln Street, brought Bella to the Veterinary Emergency Specialty Hospital in South Deerfield where she was examined. There was concern that she might have swallowed something dangerous. The family was charged about $1,300 up front for a battery of diagnostic tests, Foster said. Bella was X-rayed and while no objects were found, there appeared to be a buildup of fluid in her abdomen, said Foster. According to Bellas patient chart, veterinarians tried to insert a tube into Bellas mouth to her stomach to drain the fluid, but the tube was inserted incorrectly and went into her respiratory tract. The tube was reinserted and about 150 ml of fluid was

drained from Bellas states, Tennessee and Illinois, veterinarians due to the hope that there could be some have laws on the books that added burden of carrying middle ground between marabdomen. ket value and exorbitant payallow for emotional compen- more insurance. The doctors became consation in cases of death of a cerned that there may have Mueller said that higher outs. She sympathizes, saying family pet through negli- insurance costs have preventbeen an obstruction or forgence. Rankin said that simi- ed many anesthesiologists shes lost pets herself and, to eign body in Bellas intestinal lar laws have been introduced and other specialists from tell me my mixed-breed cats tract and scheduled her for into the Massachusetts remaining in their profession, are worth $40 doesnt feel an ultrasound. Legislature, but have not ultimately detracting from right. Veterinarians inserted an The hospital said in its become law. oxygen tube into Bellas resthe care of people. report that In 2000, Tennessee became piratory tract that had a conRa n k i n everyone in the first state in the country countered by nector affixed to the end from the room (two to allow pet owners to sue for e s t i m a t i n g an earlier procedure. veterinarians emotional damages after the cost for That connector did not and two vetstate Sen. Steven Cohen initi- liability insurhave a way to release air, erinary techated the change to the law, ance for peoaccording to a copy of Bellas n i c i a n s ) called the T-Bo Act, named ple who work chart, and the buildup tore missed the after his dog, which was with animals part of Bellas trachea and By ANITA PHILLIPSthat the fact attacked and killed by anoth- at about $300 blew out part of her lung, Recorder Staff incorrect coner dog. He submitted the bill per killing her quickly. year, nector was GREENFIELD The town could Immediate respiratory submitted photo after finding that he was only making it begin construction on a four-story attached to entitled to market value in a some of the arrest and cardiac arrest, Bella municipal parking garage off the tube. civil case. was the result, according to a most inexpenI Passenger Olive Street as In the Rankin said he suspects sive liability copy of Bellas patient report. ing to get enough people to early as next rail project rolls aftermath of The other/correct con- listen to eventually get state that there may be a lot of i n s u r a n c e spring if the closer to town. See Page the state comes the death, A5. resistance to changing the available. He nector was found on high law changed. through with hospital voidshelf with oxygen masks, I dont plan on letting this law from professionals who said that funding the ed mayor has his eye on. her famireads a report included in the rest, Foster said. Foster said work with animals not only increasing the Robert Pyers,lys towns $1,300 the economic veterinarians, but groomers, amount of liadogs medical record of the that through her conversadevelopment director, said the town check and incident. All of us missed the tions with Rankin, the pair sitters, pet store operators bility insurwill apply in early September for a performed a MassWorks Infrastructure Program error in equipment. believe Bellas is the type of and others who would be ance if veterigrant, which Bella will fund a good cremation of it hopes at no cost, Erika Mueller, chief of case that can eventually get worried about being subject narians and other professionportion of the Foster said. multi-million dollar project. to much more expensive law- als had to consider emotional medicine and co-owner of the the law changed. We should be very good candiBut she addedathat was lithospital, admitted to the techRankin said in suits if the law was changed. damages, the impact on concomfort for a family who He said the way things sumers of those services tle See GARAGE Page A2 nical error and said that the Massachusetts, animals are hospital is trying to make considered property, not com- work now, there isnt a lot in would be inconsequential.MacDonald lost more than a piece of propRecorder/Peter the way of consequences; under Swimmers and clouds reflect or members of famisomething positive come panions in lifeguard Katy Eddys sunglasses as she watches from hav- the umbrella cents,Tri-Town Beach in erty, a beloved member of the A few at the Rankin said. Whately. from the incident by making lies, and therefore, their own- ing the option to sue for emoMueller said while shes family. She said the familys changes to procedures to help ers are only entitled to the tional damages could make not sure if veterinarians are three children were still cryensure an incident like Bellas market value as compensa- people who work with pets required by law to carry mal- ing over the death weeks later. think and work more carefulIts Monday islike someone not Independence Day, does not happen again. tion, in the states view. practice insurance, she cant federal holiday. Mueller said that out of Foster said she paid about ly. brokeayour car, Foster said. imagine a reputable animal All federal, state, regional Mueller pointed out, on the approximately 21,000 patients $1,000 to purchase Bella from Mueller said that the hospiand town government offices, hospital hiring one without it. that have been treated at the the Puppies Galore Kennel in other hand, that allowing stopgap us to watch how we proceed, but it tal has providedpost offices the is previously signed a 10-day all of and public schools, libraries it be regarding budget to awards state Mueller, who has been practicinformation will can closed. There hospital, this is the first time Charlton, Mass., which sells higher damage fund critical for servic- also incumbent upon us to seize the will be no or trash ing animal medicine for 15 Bellas deathmail deliveryoffered and has something like this has hap- hybrid andthe plan, which dogs instances in which pets are year, moment and look at that as an mixed-breed includes cuts to es with the start of the fiscal By JOHANNA KAISER pickup. until a permanent spending plan is many state Banks and compensashown in place. Patrick has largely sup- opportunity to do some things difpened. as well as purebreds. agencies that are to have died through years and is board certified, counseling and most service agenAssociated Press ferently, said Joint Ways and Despite how impractical it Foster expected to result in layoffs and said that Bellas negligence could raise the bar said all veterinarians at her tion. cies will be closed. Retail stores, including liquor BOSTON The Massachusetts service reductions, but it effectively ported the House and Senate budget Means chair Rep. Brian Dempsey, hospital are required to carry The one thing I cant do is of medical care incorporated may be, Foster has gone for- particular mix is one state funding to cities proposals for animals,into the D-Haverhill. stores, may be open. Legislature overwhelmingly leaves alone that the The Recorder back, she final bill. bring their dog business offices approved $30.6 billion spending and out. but could also make the costs insurance. ward and contacted a lawyer family sought towns. The Senate voted 33-4. While the legislation would will be closed, although the When we have challenges The now plan advice, first Mueller said reimbursements to Rankin for legal Friday, thehop- day of the new Rankin saidbill that goes to Gov. Deval two of operating too high for some in our reduce Medicaidshe would said. paper will be published as usual.

SUMMER SUN

I Value is calculated after considering factors like pedigree, age, purchase price and special training, but will usually be relatively low, considering the amount of expense involved in bringing a suit to trial.

Spring may bring garage

Mass. Legislature passes $30.6B budget

Cities and towns buffered from some cuts

Monday is the Fourth of July

OBITUARIES
AnnMarie Kousch
HOLYOKE AnnMarie (McGarry) Kousch, 84, of Holyoke, died on Friday, July 1, 2011 at the Holyoke Health Care Center. She was born in Holyoke,

fiscal year. House members voted 150-2 for

INDEX

Arts, Entertainment,TV C4 From Page A1 Books D2 Westfield, James W. Kousch of before him. His services were Classified advertising F1-F4 St. Petersburg FL, Kevin D. highly sought-after and he did works-related calls they get Comics; Puzzles E4; F1 Kousch and his lifelong com- a stint in the Minor Leagues, as around the Fourth of July, said Police Chief Death Notices, Obituaries A6, as panion of Westfield, Maureen well A2 playing ball in the mili- Montague Editorial husband tary.A4 was a member of Raymond Zukowski. A. Warner and her page He Kris of Hadley, Christine M. many local teams, oftenin clashes Home & Garden D4 14 killed play- Weve got two or three cops Jennings and her husband J.J. ing and catching for his uncle on, and well get 25 calls around Local news C1-C3 the Fourth, said Zukowski,
of South Hadley, 5 grandchil-

Huge I Fireworks protests grip Syria

Patrick who has 10 days to sign it or make any line-item vetoes. Patrick

Commonwealth relative to spending, its certainly incumbent upon

See BUDGET Page A5

How much is a pets life worth?

Dogs death leads to examination of law
By BOB DUNN