Decision by Judge Allows Medical Research on Dogs, Monkeys and Other Animals to Continue At University Of California San Francisco

Disappointing decision.

Article:

Judge tosses lawsuit against UC San Francisco

http://www.examiner.com/a-1072767~Judge_

tosses_lawsuit_against_UC_San_Francisco.html

Filed under: SAN FRANCISCO , John Upton , UCSF animal welfare lawsuit

Nov 28, 2007 4:00 AM (12 hrs ago) by John Upton, The Examiner

SAN FRANCISCO (Map, News) - Medical research on dogs, monkeys and other animals will continue at UC San Francisco, as a San Francisco Superior Court judge dismissed a lawsuit by animal rights activists that claimed their rights as taxpayers were violated when the university pays fines for breaking the federal Animal Welfare Act.

Attorneys for the activists had asked the San Francisco Superior Court judge to appoint an independent monitor to oversee animal research at the university, and to shut down the university’s animal research until it guaranteed that it would comply with the federal animal welfare law.

But Judge Patrick Mahoney on Tuesday sided with university lawyers, who argued that such a ruling would interfere with the agriculture department’s enforcement of the Animal Welfare Act.

“The plaintiffs are essentially trying to circumvent federal law,” University of California counsel Chris Patti told The Examiner.

Dan Kimburn, an attorney for the Washington, D.C.-based Physicians Committee for Responsible Medicine, and for the six Southern California professors and physicians who launched the court case, said he would appeal the ruling.

The U.S. Department of Agriculture has previously cited UC San Francisco researchers for violating the Animal Welfare Act.

In December 2003, researchers were cited because a monkey was not given proper painkillers after its skull was cut open, according to court documents.

The fines associated with the violations include a $92,500 settlement in 2005, court documents show.

The animal activists adopted a novel strategy in the case, according to committee spokeswoman Jeanne McVey.

“If you’re a person, you can’t sue under the Animal Welfare Act, because the purpose is to protect animals,” McVey said. “And animals can’t sue because they’re animals.”

Yerkes - National Primate Research Center of Emory University Fined $15,000 for Animal Care Problems Linked To the Death of Monkey

Here we go again with the cruel Yerkes.

As stated below, “The macaque — a short-tailed monkey — died from emphysema and from an absence of gas in the lungs... The death was related to incorrectly assembled anesthesia equipment…”

Unfortunately, Yerkes is “… one of eight federally funded national primate research centers [and] has about 3,400 primates at two locations.”

Article:

USDA Fines Animal Lab After Monkey Death

http://ap.google.com/article/ALeqM5h-9H-tT3h83s_oxPm4-eZjdn3XlgD8S0RUEG1

By MIKE STOBBE – 13 hours ago

ATLANTA (AP) — An animal research center was fined $15,000 for animal care problems linked to the death of a monkey, federal authorities said Monday.

Yerkes National Primate Research Center, part of Emory University, denied any willful wrongdoing, but agreed last week to pay the penalty, said U.S. agriculture department spokeswoman Jessica Milteer.

A Yerkes spokeswoman noted the research center reported the monkey's death, and said the center is committed to humane care for animals. "We deeply regret that an animal died," said the spokeswoman, Lisa Newbern.

Yerkes, one of eight federally funded national primate research centers, has about 3,400 primates at two locations. Its scientific contributions include new understanding of monkey and chimp behavior and development of an experimental AIDS vaccine.

The fine stems from findings from two inspections. The USDA reported unsanitary conditions during a January inspection of its 117-acre Lawrenceville field station.

A July inspection confirmed inadequate training and veterinary care at its Atlanta campus, after the macaque died there.

The macaque — a short-tailed monkey — died from emphysema and from an absence of gas in the lungs, Newbern said. The death was related to incorrectly assembled anesthesia equipment, she added.

The equipment has been relabeled, staff members have been retrained, and sanitary conditions at Lawrenceville have been improved, she added.

The fine is not enough, said Michael Budkie, executive director of Stop Animal Exploitation Now, an Ohio-based animal rights organization.

Yerkes received about $40 million in 2006 in federal animal research funds. "Why should Emory care about a $15,000 fine?" Budkie said.

Mice Hung by Their Tails with Tape, Subjected To Electrical Shocks And Forced To Swim Until Nearly Drowning at University of New Mexico

Need I say more?? Well, one thing – it’s obvious the ridiculous cruelty here, but to then see the school say this was to study depression is just insane. To me this is a study in torture. Let’s put it this way – if you did this in your home, you’d be arrested for animal torture and everyone who found about what you were doing would say you are crazy. Instead, because this was at a university, they somehow are able to rationalize it.

Article:

UNM criticized over use of mice in study

http://news.yahoo.com/s/ap/
20070521/ap_on_sc/animal_research_1

Mon May 21, 4:28 PM ET

ALBUQUERQUE - Mice were hung by their tails with adhesive tape, subjected to electrical shocks and forced to swim until nearly drowning during experiments done at the University of New Mexico.
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University officials say there was nothing wrong with the research that helped a high school student study hopelessness and depression for a science fair project. But the former lab veterinarian at the university called the research "torture," and an animal protection group said it was a perversion of science, the Albuquerque Journal reported in a story published Sunday.

"To me, it suggests inadequacy of faculty guidance," said Randall Lockwood, senior vice president of the American Society for the Prevention of Cruelty to Animals. "This has been against the rules for science fairs for a quarter-century."

Then-La Cueva High School student Sarah Founds conducted the research in 2003 and 2004 for a science fair project, which was disqualified after national science-fair officials said it violated standards on the ethical use of animals. The research also led to the resignation of the lab's research veterinarian, who said he didn't know about the experiments until after the fact.

"I have defended animal research, stating that we do not abuse animals. Then, this slapped me in the face," said Daniel Theele, who had been in charge of the welfare of lab animals at UNM.

Theele complained about the project and now is suing UNM over the treatment he says he received after being forced to resign in October 2005. An internal investigation at UNM concluded that the experiments violated federal guidelines and had not been properly approved.

A report on the investigation also expressed great concern about exposing a high school student to experiments inflicting pain on animals.

Theele said the experiments were inappropriate even for medical students to conduct.

"I can provide no justification for a high school student being exposed to those kinds of experiments," he said.

However, UNM continues to defend what happened.

"No illegal, abusive or inappropriate conduct or research occurred," an attorney for the UNM board of regents, wrote in a response to Theele's lawsuit.

Terry Yates, vice president for research at UNM, and other university officials could not be reached for comment.

Founds, who did the research in conjunction with a graduate student in 2003 and a medical student in 2004, said the project at UNM was worthwhile and did no harm.

"I thought it was awesome. I had a lot of fun working on it," said Founds, who now is studying nutrition at the University of Idaho.

She said the project "wasn't overly painful."

"I'd encourage other students to do that kind of research," she said.

UNM has between 7,000 and 8,000 animals for use in teaching or research. Most of the animals are mice or rats, but there are other creatures such as hamsters, frogs, fish, rabbits and snakes, said Susan McKinsey, communications director for the university.

Elizabeth Jennings, executive director of Animal Protection of New Mexico, said the experiments on mice raise questions about "what the thousands of other animals on campus are being subjected to, and if anyone is paying attention."

Ray Powell, a veterinarian serving as the regional director of the Jane Goodall Institute, said greater openness about research "would set our university apart and be a beacon for the rest of the country."

"I would hope the state's premier research facility — the University of New Mexico — would see this as an opportunity to set a new standard for openness and humane treatment of animals," Powell said.