Legal Question in Civil Litigation in Massachusetts

Rabies

Hi - I was bit and scratched by a stray cat a few weeks back. I promptly washed the cuts and put antibiotic cream and bandages on them. I called my doctor's office and spoke with the physician on call and he prescribed me Dioxycyclene. A few days after the incident, I was encouraged by a friend to get rabies shots as the animal didn't have any tags and its rabies vaccination status is unknown. I called my doctor back a few days later and this time I spoke with a nurse who was in agreement that I should come in right away. I came in to the walk in clinic and got the first six shots. I went back this past Sunday and must go for a few more in the next few weeks. I have done some research on rabies and found Section 105 CMR 335.100 - it seems to suggest that I might be able to be reimbursed for the shots; is this true? I asked the DOH of the town and they said no but I have a friend who works for the MSPCA and she says they should. She is encouraging me to fight this but I don't know if I should bother. She is citing this law - should I bother fighting this? I did not have insurance at the time and I am pretty poor. I know the bill is going to be pretty high.


Asked on 5/06/09, 2:55 pm

1 Answer from Attorneys
George Davis Law Office of T. George Davis, Jr.

Re: Rabies

What happened to the cat? Was it captured and tested for rabies? If not, then you're going to be out of luck. As you can see if you read 105 CMR 335.100, there are certain requirements that must be met before you can receive the free rabies vaccine, all of which require that the animal be captured and that rabies testing at least be attempted on the animal. If you read another section -- 105 CMR 335.010 -- you will see that you can only get free rabies medicine under these strict conditions. If the animal was captured and testing was done, or at least attempted, pursuant to 105 CMR 335.100, then you should be charged only for the cost of having someone administer the shots (which shouldn't be too much), and not the cost of the medicine itself.

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Answered on 5/06/09, 10:11 pm


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