Her eyes welled with tears as she looked into the television camera and told the world about her beautiful 10-year-old grandson, Aidan. It had been four years since she laid him to rest, after he died in two short days. In May of 2013, Sharon Pankey was touched by her grandson’s sweet request that he wanted his little pet rat, a cherished friend of 18 months, to have a family. So Sharon took Aidan to a San Diego Petco, and purchased a rat for him, whom he promptly named Alex. The family was unaware the rat had “rat bite fever,” and though Aidan was never bitten, would soon die from the bacterial infection.

Aidan Falls Ill But Penicillin Would Have Saved Him

Two weeks after the fateful trip to Petco, Aidan fell ill with flu like symptoms.  The family took him to the pediatrician, who diagnosed him with the flu. He was sent home to rest and instructed to drink plenty of liquids. The next night, Aidan’s symptoms grew so severe the family called paramedics. Aidan was taken to Rady Children’s Hospital, but it was too late to save him. Aidan died early the next morning. The San Diego County Medical Examiner’s Office conducted an autopsy and ruled the cause of death as streptobacillus moniliformis infection, or “rat bite fever.” The bacteria can be transmitted from rats to humans not only through bites or scratches, but by mere handling of a rat that carries it. Sharon would later make the heartbreaking revelation that “a shot of penicillin could have saved him” if they had only known.

Aidan’s Parents Sue Petco and Barney’s Pet Supply

In 2014, Aiden’s parents sued both Petco Animal Services Inc. and Barney’s Pet Supply, the vendor who had furnished the rat to Petco, claiming they failed to test the rats for infection, sold an infected rat, and knew of the danger yet failed to warn an infection could cause death. The Pankey’s attorney, John Gomez asked for 20 million dollars in damages for the loss of Aidan.

A Key Ruling and Both Sides Present Their Case

 A key decision came in the case when a judge ruled the rat could be deemed a product as it was artificially created, thus invoking strict products liability law. Attorney Gomez told the media this was the first case where an animal was declared a product. The jury was tasked with determining whether there was a manufacturing defect or design defect when the rat left Barney’s and Petco, whether Petco knew or should have known of the likely danger, and whether there was negligent failure to warn of potential danger or instruct on safe handling of the rat.

The Pankey’s attorneys contended there were 64 confirmed cases of rat bite fever and 200 or more individuals who had become “very, very sick” since 2001 when Petco began selling rats. Attorney Gomez said Petco knew the rats it was selling were likely to carry rat bite fever, but buried the information on a companion animal card. Petco further knew rat bite fever could be fatal, but chose not to warn of death.

Petco’s attorney Kimberly Oberrecht countered Petco did everything it could to prevent the disease, yet there is no way to determine what percentage of rats have the disease. She stated the rats naturally carry the bacteria that cause rat bite fever and it cannot be bred out. “They warn about it because they know they can’t get rid of it. It’s still very rare” she said. Customers are given a companion animal card which instructs them on the care of their pet and notifies them of rat bite fever. Petco further requires a waiver of liability from to be signed upon purchase of a pet, which Sharon Pankey signed when she purchased the rat.  The waiver provides: “I release Petco from any and all responsibility related to illness, injury or damage that may occur from exposure to my pet.”

The Jury Verdict and Jurors Speak

On April 20, 2017, a jury found Petco and Barney’s not negligent. The jury foreman James Wigdel spoke at a press conference following the verdict. He said Petco and Barney’s “did a lot to protect.” Juror Jerome Rideaux echoed this belief by saying, “there were a lot of warnings.” A major key to the jury’s decision was indeed the waiver of liability form Sharon Pankey signed. Simply put, Rideaux said the defense had a strong case, and better evidence.

Both jurors acknowledged the fact that a child died made the case much more difficult. “It was difficult to hear that, but the judge said from the beginning, ‘you have to put sympathy aside and look at the facts of the case, so that’s what we did,” explained Rideaux.

What Sharon Pankey Wants the Public to Know And Changes She Seeks

Outside the courtroom, Sharon Pankey told the media, “I feel sad because the big message that I’m getting is, Let the buyer beware.” Though deeply disappointed by the verdict, she emphasized the lawsuit was not about money, but about educating the public and getting Petco to change their policies. She wants other people to be spared her pain. “It was such a hard journey for us to go through. We didn’t want other people to have to go through that” she said tearfully. Sharon addressed the facts she wants the public to know and the changes she seeks:

  1. Sharon said the public needs to know the rats Petco are selling do carry disease. She said 50% of the rats tested had rat bite fever. She wants Petco to provide specific warnings, including the warning of death. She said a customer can request Petco test an individual rat for rat bite fever before purchasing.
  1. Sharon wants pediatricians and other doctors to be educated to look for rat bite fever. Since many of the symptoms present as the flu, doctors need to be made aware it could be rat bite fever. Antibiotics can cure it.
  1. Sharon wants the Center for Communicable Disease (CDC) to include rat bite fever as a disease.
  1. Sharon wants more legislation to protect consumers.

Sharon concluded by thanking the media for allowing her to send her message as the court didn’t. Turning to her lost grandson she said, “I’m grateful for the time I had with him and that’s where I have to be right now.”

Attorney Gomez Vows to Appeal and To Keep Fighting

Attorney John Gomez spoke on camera and said he was surprised by the verdict as there was overwhelming evidence. “A corporation maliciously kills a kid and the jury says it’s ok.” He vowed to appeal. He emphasized a major reason the Pankeys filed the lawsuit was to get the message out to the public that half of Petco’s rats tested at random carried bacteria that could cause rat bite fever. The fight is far from over as he plans to take the testing data obtained in the case to the legislature, including the CDC, Attorney General, and Public Health Agencies. Gomez concluded by saying there will be changes, there will be an appeal, “And then we’re going to come back and try this case again and we’re going to win it.”

To See Photos of Aidan, Please Go To The Following Link:

http://fox5sandiego.com/2017/04/18/ra-bite-fever-case-closing-arguments/

About Aleida K. Wahn, Esq.

Aleida Court TV

I am an attorney, award-winning true crime writer, and legal analyst of criminal cases. I cover criminal trials and write stories about compelling, gripping, and unforgettable cases that impact our world. I take you into the courtroom in high-profile murder trials, rape cases, crimes of passion, cases involving mental illness, deviant behavior, and more. I have a deep passion for true crime, criminal law, and all aspects of the criminal justice system. I have appeared as an expert on true crime shows and provided legal analysis on high-profile criminal trials on Court TV, the Law & Crime Trial Network, Fox 5 News, ABC 10 News, and KUSI News. I also create and host shows with the Del Mar Television Producers Group, addressing criminal justice and social issues in recent criminal trials.

I provided my insight and legal analysis on Court TV and the Law & Crime Trial Network of the high-profile trial of former NFL star Kellen Winslow Jr. It was a trial that captured the nation as the heralded ex-football star with fame, fortune, and a famous name stood accused of multiple rapes and other sex crimes involving five women. As the trial delved into shocking facts, complicated legal issues, and unexpected twists and turns, I was there for every minute. After the trial, I wrote a book on the case, going behind the headlines to share the extraordinary details of what happened inside the courtroom. Judging Winslow Jr.: From NFL Star to Serial Rapist? Inside the Shocking Rape Trial of Kellen Boswell Winslow II is now available on Amazon. https://www.amazon.com/dp/B07ZLM5HCG

I am passionate about telling true crime stories, as these penetrating stories have the power to move us all, while highlighting societal issues which need to be addressed. I have personally seen the human devastation which is present in each trial and believe there is a lesson to be learned in every single case. It is through awareness and examining critical issues society can effect change and even make new laws. To learn more, please visit: www.aleidalaw.com.