USC lawyers dispute animal abuse case
From Educardo Ocampo, USCAnnenbergMedia.com, February 27, 2020
USC lawyers are pushing to dismiss a lawsuit that accuses the university
of abusing research animals, mainly rats and mice.
Advancing Law for Animals filed a lawsuit against USC in June 2019 on behalf
of Stop Animal Exploitation Now. The advocacy group is accusing the
university of “performing unauthorized surgeries and injections on animals,
including unapproved cranial implantation surgery without documented
analgesia; withholding post-operative care from animals, including pain
killers and suture removal; and failing to euthanize animals with ulcerated
tumors in a timely manner,” according to City News Service.
USC’s lawyers told Los Angeles County Superior Court that Stop Animal
Exploitation Now has no standing to bring forward the complaint “because
there was no demonstration that its interests were harmed,” My News LA
reported.
Michael A. Budkie, executive director of Stop Animal Exploitation Now, wrote
to USC condemning the alleged negligence and asking for punishment of the
researchers. In the lawsuit, the organization states “USC advertises that it
achieves the highest ethical standards in its research. But documents not
intended for public view show that USC routinely violates its mandatory
research protocols, as well as applicable animal welfare laws and
regulations.”
Stop Animal Exploitation Now alleges that USC’s actions towards animals are
in violation of California’s Unfair Competition Law because it “reduces
USC’s expenses, therefore giving the university an advantage over
competitors, including other research institutions.”
USC lawyers argue that under Proposition 64, which restricts lawsuits
against private companies only to individuals who have been directly
affected, Stop Animal Exploitation Now’s claim is invalid.
“USC has asked the court to dismiss the case because the plaintiff does not
have standing to sue and has not been injured by the alleged conduct. The
court is considering arguments and said it will issue a written ruling,”
according to a statement from the university.
Vanessa Shakib, a USC alumnus, is the attorney arguing for Stop Animal
Exploitation Now.
“The top tier education that I received at USC instilled in me a passion for
justice. Justice demands consideration for those without a voice, whether
human or nonhuman,” said Shakib, co-director of Advancing Law for Animals,
in an interview with Annenberg Media.
Los Angeles Superior Court Judge Dennis Landin ruled on Oct. 31, 2019 that
the first complaint from Stop Animal Exploitation Now did not have enough
standing in the case to move it forward. The organization filed a second
complaint on Nov. 20 after the judge allowed them more time to clarify their
argument.
“USC denies the plaintiff’s allegations concerning animal mistreatment. The
university is highly committed to the ethical and humane treatment of
animals in research, and meets or exceeds all accrediting and regulatory
standards,” the university said in a statement.
Shakib responded to those claims by saying that “This lawsuit is not
challenging animal experimentation, it’s challenging cruel and abusive
conduct irrelevant to any experimentation … Our allegations are legally
sufficient, and we expect this litigation to proceed.”
Shakib said she is disappointed in her former university.
“I know that my alma mater can and must do better for animals.”
Judge Landin is deciding on the matter. It is unclear what the next steps
are at this moment.