Can I sue Breeder of my kitten that has toxoplasmosis?

Question

I have a 5 mth old Brittish Short Haired Kitten, We purchased when 10wks old from registered breeder, the conditions at the cattery were filthy He cost $300. Then about 10 days ago he started limping and then within 48 hours couldn't walk, wouldn't eat or drink and was very sick. In that time my daughter and I also got sick, After 2 days in at vet hospital (and $690 of fees) many tests we now have results that say the kitten has toxoplasmosis. Our cat has never gone outside EVER, we feed whiskers cat food and dry food and water and milk, no raw meat The vet said it could have been born with it and his mother could have had the disease and passed it on and then the (whatevers) have hatched and grown in the kitten. He cannot walk, drags himself along ground with front paws, is on strong antibiotics, cant poo. Can I sue the breeder? Does anyone know if my cat will survive? Me + kids are very upset and its so very sad to watch him be like it. We also have to have blood tests too

Answer 1

It would be pointless to sue. You have said yourself that you knew the conditions at the kennel were filthy. That alone should have disuaded you from buying from the kennel. Second, did you get a health certificate from the breeder? If not, that is pretty much the norm when purchasing any animal from a breeder.

As far as if the kitten will respond to treatment, that is a question answered best by your vet.

Good luck!

Answer 2

No, I would doubt it. If he did contract transplacental toxoplasmosis, his immune system when he was born would make it impossible to cope with the infection and there would have been symptoms. The incubation period for Toxo in a cat is 5-23 days and the prepatent period (from infection to shedding cysts is 21 days). Kittens who were experimentally infected with toxoplasmosis had diarrhea after six days. A Toxoplasmosis test testing your cat's blood for toxoplasma antibodies is only meaningful if a positive test is followed 2-4 weeks later with another test. Weekly testing of your kitten's faeces will better directly detect a cat that is capable of transmitting toxoplasmosis has your vet done this? If the mother did have toxoplasmosis, the kitten has received antibodies to toxoplasmosis and it could be a false result. He may not be infected at all.

The toxo organism must "incubate" in the cat's faeces for 1-5 days before it is infective to humans. This "incubation" must occur after the faeces leaves the cat's body and have access to oxygen (i.e. in the litter box or in soil). The toxo organism must be swallowed by the person being infected. It is not spread to humans through the air.

Toxo can be transmitted through milk and cheese if it's not pasteurised or processed correctly, that could be the source of contamination. Is it possible he's eaten a mouse in the home? Do you wear shoes in the house? The Oocysts can be brought in this way. Handling raw meat is another means of infection. Could one of the children have played in a sand pit or garden then come in and without washing hands, touched the cat?

It is harmful to humans if they suffer from depressed immune systems (such as with HIV) or if a woman contracts it whilst pregnant as it is dangerous to the unborn fetus. Most people already have Toxoplasmosis and weren't infected by the family cat. The timing just doesn't seem right for the infection to have come transplacentally or at the cattery. It's too hard to prove and veterinary data doesn't back up that theory.


When you're getting a kitten if the cattery is dirty then go elsewhere, it's a huge red flag for problems.

Did the breeder give you any health guarantee? If not, then there's probably not much you can do.

You should contact the breeder directly and give her the information that your vet has given you because it could be a problem with the line that she's unaware of. At least give her the opportunity to do something about it.

Answer 3

I'd definitely ask for my money back first. If they balk (sounds like they don't care much about their business or customer satisfaction, so they very well might), I'd then look into legal action, and I'd also report their conditions to the police. If nothing else, your suit may cause them to be investigated for animal cruelty.

next time, adopt from a rescue organization, not a breeder. Rescue orgs are usually very good about vetting their animals and testing their temperaments so you know more about the animal that you're getting...it also costs a lot less (usually in the range of $120, which covers spaying, neutering, shots, etc), and you're helping out an animal which would be turned over to a shelter for euthanization otherwise.

There are good breeders out there--they're not all like this. But unless you plan on breeding your pedigreed pet yourself, you usually can get just as wonderful a pet by adopting a rescue.

Answer 4

Many cats carry this disease but I personally never heard of one getting sick from it. It's pretty common. Thats why they tell pregnant women not to clean out litter boxes. The only think I can think of is that there was an immune system issue that caused the disease to show itself in that manner. You have also had the cat for a few months so you might be hard pressed to prove he got the disease from the breeder. If you spent $300, I'm assuming you have a heath guarantee. Call the breeder.

Answer 5

If you can prove that it did indeed happen at birth or at the kennel and the Kennel gave the feline a Good Bill of Health prior to purchase...then yes you can sue, of course this may mean that you have to give up the cat, back to the kennel but all your expenses would be payed!

Answer 6

I would check it out with the solicitor and see what he should say...!
I bought my cat from a breeder in Australia and she was guarantee for a year with no disease and good health.
So sorry about your kitty..
Good luck...!!