Page 208 - Veterinary Toxicology, Basic and Clinical Principles, 3rd Edition

Toxicology and the Law Chapter | 11 175

VetBooks.ir demonstrates that the method has been shown to be reli- mills purchase the premix and incorporate it into feed in
appropriate amounts. The mill then delivers that feed to
able in multiple laboratories for quantifying the concen-
tration of an analyte, or a group of analytes, in a specific
its customers—animal owners. These animal owners offer
matrix. that finished feed to their animals in appropriate amounts.
The analytical methods useful in a diagnostic setting These animals ingest the feed then develop adverse
may be different from those that are useful in an enforce- effects. An adverse effect in one of the animals is death.
ment or research setting. The analytical methods used to An animal that died after ingesting this feed is submitted
support a diagnostic case are often influenced by cost and to a local diagnostic laboratory by the animal owner. The
turn-around-time. On the other hand, those in an enforce- owner of the animal has not made any association
ment setting may be more influenced by the reliability of between the new feed and the death of the animal, so the
the results reported. These factors directly and indirectly feed is not delivered when the animal is, and the new
influence the collection of the original sample, tracking of feed delivery is not part of the history provided to the
the sample in the laboratory, sample retention, document diagnostic laboratory. The laboratory does a routine nec-
retention, and sample disposal protocols. Protocols appro- ropsy and case work up. A feed additive is mentioned to
priate for the development of a method in a research labo- the animal owner as one of the possible differential diag-
ratory may not be appropriate for use in an enforcement nostic causes for the lesions seen at necropsy and associ-
setting. These factors should be taken into account, and ated analytical chemistry testing. The owner then takes a
samples sent to the appropriate laboratory, when the rea- grab sample of feed out of the total mixed ration mixer
son for the analysis is known. However, the reason is not and has her teenager drive the feed sample to the veteri-
always known. nary diagnostic laboratory. The chemical is detected in
the feed at concentrations sufficiently high to cause the
When the Reason for Testing the Sample lesions observed in the dead animal.
8
Various types of claims could arise from this case.
Is Not Known or Changes After Testing
The results of diagnostic testing may be offered as fact by
Problems are more likely to occur if the purpose for the animal owner, feed manufacturer, state and federal
which the sample is tested is not known at the time of agencies, or some combination thereof, against one or
sample collection and testing, or changes after the testing more parties. An insurance claim, and government
has been completed. These problems may give rise to enforcement action, are discussed very briefly before con-
angst on the part of the toxicologist, counsel, and others. tinuing with issues that may arise in civil or criminal
9
This angst may occur if sample collection, tracking, anal- litigation.
ysis, and interpretation, have not been documented in a The results of a routine diagnostic case may now be
way that supports proof of reliability in a legal venue. offered as fact in a claim. The animal owner will claim
Questions of authenticity and reliability are more likely to that the feed provided by the distributor caused the toxi-
arise in analyses performed in a research, routine clinic, cosis experienced by the owner’s animals. The animal
or diagnostic laboratory, setting than those collected and owner may file a claim with the distributor of the feed for
performed by enforcement personnel. Medical samples the harm done to her animals. The distributor, or the dis-
submitted and tested for one purpose, may not be reliable tributor’s insurance company, may settle the claim with
if used for another purpose. In short, the lack of sample the animal owner if all agree. If all do not agree, a civil
tracking or chain of custody documentation may seriously suit may be filed. The issues that arise in the civil suit are
erode the admissibility of some laboratory results. A diag- discussed in the next section.
nosis may not be supported without laboratory results and The dispute 10 between the animal owner and the feed
a legal case may not succeed without the diagnosis. Put distributor involve private parties. The case may also give
more bluntly, insufficient sample collection, retention, rise to an enforcement action. These actions may be on
and chain of custody documentation may become a prob- the part of one or more agencies in one or more states,
lem for a plaintiff or prosecutor in a legal venue. A hypo-
thetical case may help illustrate the application of a
8. Claim. A cause of action. To demand as one’s own or as one’s right,
number of the following legal concepts.
to assert, to urge, to insist. Means by or through which claimant obtains
possession or enjoyment or privilege or thing.
Hypothetical Case 9. Litigation. A lawsuit. Legal action, including all proceedings therein.
Contest in a court of law for the purpose of enforcing a right or seeking
A hypothetical individual employee of a feed additive a remedy.
manufacturer intentionally adds a foreign chemical to a 10. Dispute. A conflict or controversy, a conflict of claims or rights, an
feed premix during a step in the manufacturing process. assertion of a right, claim, of demand on one side, met by contrary
The feed premix is distributed to many states. Many local claims or allegations on the other.