Parker Waichman LLP

Petsmart Lawsuit Alleges Transplant Patient’s Death Caused by Sick Hamster

  Petsmart Is Being Sued. Petsmart, Inc.—the nation’s largest specialty pet store—is being sued by Nancy Magee who claims her husband, Thomas, died following a liver transplant wherein the liver was contaminated by a sick hamster sold by Petsmart to the organ donor. The lawsuit was filed in Massachusetts Superior Court this February and was moved […]

Petsmart

 

Petsmart Is Being Sued. Petsmart, Inc.—the nation’s largest specialty pet store—is being sued by Nancy Magee who claims her husband, Thomas, died following a liver transplant wherein the liver was contaminated by a sick hamster sold by Petsmart to the organ donor. The lawsuit was filed in Massachusetts Superior Court this February and was moved to U.S. District Court in Boston this week. The suit seeks unspecified damages.

In court papers, Magee charged that in March 2005, a Warwick, Rhode Island Petsmart sold a hamster infected with lymphocytic choriomeningitis virus, or LCMV, to a woman not named in the suit. The unnamed woman later died of a stroke and her liver was transplanted into Thomas Magee in April 2005. One month following transplantation, Thomas Magee died of LCMV. The suit states two other people who received transplants with organs from the unnamed woman died and a third became seriously ill. The suit also notes that medical authorities confirmed the hamster in question to be infected with LCMV.

LCM, is a rodent-borne viral infectious disease found in the saliva, urine, and feces of infected mice who carry and shed LCMV for the duration of their lives without showing any sign of illness. While hamsters, are not the natural carriers of the disease, they can become infected from wild mice at the breeder, pet store, or home environment. While humans are more likely to contract LCMV from house mice, infections from pet rodents have been reported. Person-to-person transmission is rare outside of transmission from an infected mother to fetus; however, recent investigations confirm organ transplantation as a means of transmission.

LCMV Can Be Fatal For Those Whose Immune System Has Been Compromised.

LCMV normally has little effect on healthy people but can be fatal for those whose immune system has been compromised, such as organ transplant recipients. For those, symptoms appear one-to-two weeks following exposure with the first phase lasting a week and consisting of fever, malaise, lack of appetite, muscle aches, headache, nausea, and vomiting. Other symptoms that appear less frequently include sore throat, cough, joint pain, chest pain, testicular pain, and parotid (salivary gland) pain. After a few days of recovery, the second phase occurs which consists of meningitis symptoms—fever, headache, and a stiff neck—or encephalitis symptoms—drowsiness, confusion, sensory disturbances, and/or motor abnormalities, such as paralysis. LCMV can cause acute hydrocephalus, which is increased fluid on the brain and usually requires surgical shunting. In rare instances, infection results in myelitis—spinal cord inflammation—with muscle weakness, paralysis, or changes in body sensation. There has been some link
between the virus and myocarditis—heart muscle inflammation.

Recently, a 15-year-old boy’s parents donated their son’s organs following his death from bacterial meningitis. His organs were deemed healthy for transplantation, but instead of having died from bacterial meningitis, the family learned the boy died of a rare lymphoma, a diagnosis in which his organs would not have been transplanted. Two patients who received the boy’s organs died of the same rare lymphoma and two other’s are undergoing chemotherapy. In those cases when lymphoma-diseased organs have been transmitted, the results have been devastating.

Need Legal Help Regarding Petsmart Lawsuit?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Michele J at Parker waichman Was the best in helping me understand the process about the final stages of my dear fathers lawsuit settlement.mr Parker and mr waichman Michelle is extremely knowledgeable and a pleasure to deal with.my recommendation would to please let her know how thankful we are and we just wanted to let you know you definitely have a special lady working for your law firm .please let her know about my letter to you and again Michelle deserves recognition in her professionalism and knowledge.yours truly Steven Sica
Kelly Sica
4 years ago
5 Star Reviews 150
I had awesome experience with them. Nice and straight forward process. I want to thank Parker & Waichman for and excellent job.
Vic
6 years ago
5 Star Reviews 150
This is a quality organization. My paralegal, Tina Morace ,has shown incredible expertise in the handling of my VCF claim. She has kept me jinformed every step of the way and has offered her expert advice as appropriate. She has made a real difference during this trying time.
Nicholas Mannarino
6 months ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038