Lawyer argues savage attack by pet chimpanzee a ‘work-related incident’

By Calvin Palmer

A lawyer representing the owner of a chimpanzee that savagely mauled a woman is arguing that the attack was a work-related incident.

Charla Nash, 55, was attacked by the 200-pound chimpanzee, Travis, as she helped its owner, Sandra Herold, to try and lure him into her house in Stamford, Connecticut.

The animal ripped off Nash’s hands, nose lips and eyelids, leaving her blind and possibly suffering from brain damage. She remains in a stable condition at the Cleveland Clinic.

Nash’s family filed a $50 million lawsuit against Herold, saying she was negligent and reckless for lacking the ability to control “a wild animal with violent propensities.”

Herold’s attorney, Robert Golger, is claiming Nash was working as an employee of Herold’s tow truck company, Desire Me Motors, at the time of the attack. He argues that Travis was an integral part of the business, saying his picture was on the wrecker, he appeared at the garage daily and he attended numerous promotional events.

So is Golger claiming the attack was a dispute between two employees? When the story first broke, Nash was described as Herold’s friend, with no mention of any employee status.

The house, according to Golger, is a business office of the company. Nash fed Travis, cleaned his play area and purchased his supplies as an employee.

“It’s an unfortunate and tragic accident that happened in the workplace and should be subject to the provisions of the Connecticut workers’ compensation statutes,” Golger said today.

Matt Newman, attorney for Nash’s family, said he disagrees with the argument but declined further comment.

Newman probably declined because his comments would be unprintable.

Under workers’ compensation, Nash would have her medical bills paid for by the employer’s insurance and would receive partial wage replacement, but would not get any money for pain and suffering that makes up a large part of jury awards in civil cases. Workers typically receive 65 to 75 percent of their wages.

The Connecticut legal community thinks Golger could have found a winning strategy for his client.

Paul Slager, an attorney in Stamford, says Golger is making “a pretty creative argument.”

To win the argument, Herold will need to prove there was an employer-employee relationship and that Nash’s injuries were work-related.

Nathan Shafner, a workers’ compensation attorney in Connecticut, called the tactic “a very sellable argument” and thinks it could prevail.

Only in America.

[Based on a report by the Associated Press.]

Connecticut judge freezes $10 million assets of chimpanzee’s owner

By Calvin Palmer

A Connecticut judge today approved an agreement that freezes $10 million in assets belonging to the owner of a 200-pouond chimpanzee that savagely attacked a woman in February.

Judge Edward Karazin in the state Superior Court in Stamford also set aside the issue of publicly releasing photos of the victim, Charla Nash since they did not have to be submitted to the court at this time.

Nash’s family is suing the chimpanzee’s owner, Sandra Herold, for $50 millionto cover medical costs and the care of her 17-year-old daughter.

Nash, 55, lost her hands, nose, lips and eyelids in the February 16 attack in Stamford. Doctors at Ohio’s Cleveland Clinic say she is blind and faces two years of surgical procedures. Her medical bills last month were estimated at $700,000.

The family also sought to prevent photos of Nash from being publicly released.

Sandra Herold, 70, agreed to the freeze, placing $4 million in real estate holdings, including her Rock Rimmon Road home, and Stamford-based towing business.

Karazin’s ruling indicates there is probable cause for the case to proceed in civil court and damages will likely be awarded to Nash.

“I think it was in the best interest of our client at this time to reach an agreement,” said Matthew Newman, an attorney for the Nash family. “It is just the first step in the process.”

Herold’s attorney, Robert Golger said the agreement should not be viewed as a victory for the Nash family since the ruling is based on preliminary evidence in the case.

“We are vigorously defending this action,” Golger said.

[Based on reports by the Connecticut Post and Associated Press.]

Chimp attack woman’s family seeks $50m in damages

By Calvin Palmer

The family of a Connecticut woman savagely mauled by a pet chimpanzee last month has filed preliminary legal papers seeking $50 million in damages against owner.

Relatives of Charla Nash yesterday filed legal papers against Sandra Herold in the Superior Court in Stamford. The papers are a prelude to an expected lawsuit. They seek an accounting of Herold’s assets and an order that would prevent her from liquidating assets.

Nash is being treated at the Cleveland Clinic. The hospital says the 55-year-old woman lost her hands, nose, lips and eyelids and may be blind and suffering brain damage after the February 16 attack in Stamford.

The 200-pound chimpanzee, Travis, was shot and killed by police.

Police are weighing whether to file criminal charges against Herold.

[Based on a report by the Associated Press.]

Lawmakers seek to ban chimpanzees being kept as pets

By Calvin Palmer

Lawmakers are expected to vote today on federal legislation that would prevent private ownership of primates as pets.

The vote by the U.S. House of Representatives comes a week after a pet chimpanzee attacked a 55-year-old woman in Stamford, Connecticut, leaving her with horrific injuries.

The Captive Primate Safety Act would not have an impact on zoos or research. Twenty states and the District of Columbia already have laws banning primates as pets.

On February 16, Charla Nash was attacked by a 200-pound chimpanzee, Travis, owned by her friend Sandra Herold.

Nash underwent seven hours of surgery at Stamford Hospital before being transferred to the Cleveland Clinic where the first face transplant in the United States was performed two months ago.

Nash’s twin brother, Michael, who lives in Virginia, plans to go to court this week to seek guardianship of his sister and her daughter.

He needs the legal designation to make decisions on behalf of Charla and her 17-year-old daughter, Briana, who is staying with family friends in Connecticut, said younger brother Steve Nash who is with his sister at the Cleveland Clinic.

“That’s the way my sister would want it,” he said.

Speaking about his sister’s condition, he said: “She’s stabilized and the evaluation process is going to take a long time. It’s a slow process.”

He is hopeful the physicians will speak publicly about his sister’s condition later this week. Doctors have not yet decided if she will be a candidate for a face transplant.

“It will take some time before her reconstructive needs unfold to determine the next steps of her care,” said Dr. Daniel Alam, a facial plastic and reconstructive surgeon.

[Based on reports by the Hartford Courant and Associated Press.]

Victim of chimpanzee attack transfers to face transplant clinic

By Calvin Palmer

The Connecticut woman who suffered horrific injuries when she was attacked by a 200-pound chimpanzee on Monday was today transferred to the clinic that performed the first face transplant in the United States last year.

Charla Nash, 55, of Stamford arrived at the Cleveland Clinic in Ohio at about 4:00 p.m. She was accompanied by the clinic’s critical care team, spokeswoman Heather Phillips said.

Phillips was unable to say whether Nash, who suffered extensive injuries to her face and hands in the attack, would receive a face transplant.

Nash was attacked in Sandra Herold’s North Stamford driveway after she came to help Herold try to get the pet chimp inside. Police do not know what angered the 14-year-old chimp, named Travis, who was shot and killed by a police officer.

Nash underwent nearly eight hours of surgery by four teams of surgeons at Stamford Hospital.

Lead trauma surgeon Dr Kevin Miller said that, in his 10 years as a trauma surgeon, he had never seen facial injuries so severe.

Capt. Bill Ackley, one of the paramedics who attended to Nash, said her hands were horribly disfigured, but still attached to her wrists.

“I would liken it to a machine-type accident,” Ackley said. “She had some crushing injuries to her hands and some tearing injuries to her hands.”

Her head injuries “involved her entire face and scalp,” Ackley said. Nash’s eyes were injured, but Ackley would not say how extensively. Her hair had been ripped out.

“She just had disfiguring injuries,” he said. “Her nose was still there. There was some disfigurement. She did have injuries to her mouth that caused quite a bit of bleeding. It was very difficult to determine where everything was because of the blood.”

Nash did not talk, but was conscious. She was able to respond to requests to move her foot.

Nash was taken to Stamford Hospital, where the four teams of surgeons operated for more than seven hours to stabilize her.

[Based on reports by The Advocate and newsday.com.]

Chimpanzee attack woman makes small progress after seven hours of surgery

By Calvin Palmer

The victim of Monday’s attack by a chimpanzee showed small signs of progress yesterday after undergoing more than seven hours of surgery on her face and hands by four teams of surgeons at Stamford Hospital, Connecticut.

Paramedics say Charla Nash, 55, lost her nose, eyes and jaw in the savage attack by the 200-pound chimpanzee, Travis, owned by her friend Sandra Herold.

“While she remains in critical but stable condition, her vital signs are improving,” Dr Kevin Miller, an attending surgeon at Stamford Hospital, said at a news conference. “We are thankful that we are able to report that Charla Nash has made good but small progress.”

Scott Orstad, a spokesman for the hospital, said that Nash’s family was consulting with her doctors on what steps to take next. One option might be a face transplant, but he said that decision had not been made.

“I don’t know if they’ve gone to that level,” he said. “The doctors are still determining whether that may be necessary. That rumor is still kind of premature. The final decision has not been made yet.”

There were no announced plans to transfer Nash from Stamford Hospital.

Charla Nash’s injuries were so horrific — Sandra Herold told a 911 dispatcher that her pet was eating Charla — that the hospital was providing counseling to the staff members who treated her.

Orstad said some members of the team that initially treated Nash had already sought counseling.

“Members of the staff have said this is something they’ve never experienced in their career,” Orstad said.

Police are looking into the possibility of criminal charges against Herold because pet owners can be held criminally responsible if they know an animal poses a danger to others.

Connecticut law requires primates weighing more than 50 pounds to be registered with the state. But Dennis Schain, a spokesman for the State Department of Environmental Protection, said Herold’s chimp was exempted because he did not appear to present a public health risk and was owned before the registration requirement began.

Yesterday, a former Stamford resident, Leslie Mostel-Paul, 52, claimed that Travis bit her hand in November 1996 when she tried to pet him in the parking lot of a local doctor’s office.

Mostel-Paul says she contacted police, but her complaint was brushed aside.

“If the police had taken care of what they needed to, this woman wouldn’t be lying in intensive care right now,” Mostel-Paul said. “He shouldn’t have been in the house.”

Stamford Police Capt. Richard Conklin said he had no record of the incident and could not confirm or deny its validity.

[Based on reports by The New York Times and New York Daily News.]

Chimpanzee’s owner denies she gave the animal Xanax

By Calvin Palmer

The owner of Travis, the 200-pound chimpanzee that mauled a Connecticut woman, disputes police reports that she gave the animal a drug to calm him down.

Sandra Herold said today the she “never, ever” gave the drug Xanax to her 14-year-old pet chimpanzee.

Travis, a former star of TV ads for Old Navy and Coca-Cola, attacked Herold’s friend, 55-year-old Charla Nash, when she came to visit on Monday.

The chimp badly mauled Nash and left her severely injured.

Stamford Police said Herold told them that earlier on Monday she gave Travis Xanax  in some tea to calm him down because he seemed agitated.

Dr. Emil Coccaro, chief of psychiatry at the University of Chicago Medical Center says the anti-anxiety drug can lead to aggression in people who are unstable to begin with.

“Xanax could have made him worse,” if human studies are any indication, Coccaro said.

[Based on a report by the Associated Press.]

TV chimpanzee shot dead by police after attack on owner’s friend

By Calvin Palmer

Travis, a 200-pound chimpanzee was shot dead by police in Connecticut yesterday after he attacked a female friend of the owner.

Sandra Herold, 70, tried to stop the attack by stabbing the pet chimpanzee with a butcher’s knife.

Her friend, Charla Nash, 55, was badly mauled in the attack. She was being treated at Stamford Hospital and might not survive, authorities said.

“I’ve been doing this a long time and have never seen anything this dramatic on a living patient,” said the head of the paramedic crew that treated her, Capt. Bill Ackley of Stamford Emergency Medical Service.

Stamford Police Capt. Richard Conklin said: “She suffered a tremendous loss of blood, terrible facial injuries and hand injuries.”

Herold and two police officers were also hurt.  The extent of their injuries wasn’t clear.

Nash had just left her car when 15-year-old Travis attacked.  Owner Herold called 911, grabbed a butcher’s knife and stabbed Travis a number of times.

After police arrived to clear the way for emergency medical workers to treat the critically injured friend, the chimpanzee revived and opened the door of the police cruiser. The officer inside fired several shots.

“He had no choice but to pull his pistol and fire several rounds,” Conklin said.

Travis retreated to his living quarters in the house. Police followed a trail of blood and found him dead.

Conklin said that charges against Ms. Herold were unlikely.

“We’ll certainly speak to the experts and the prosecutors,” he said, “but we truly hope that there are no charges. It’s a modern-day tragedy.”

The Herolds got Travis when he was three days old.

When he was younger, Travis appeared on TV commercials for Old Navy and Coca-Cola, made an appearance on the Maury Povich Show and took part in a television pilot.

The chimpanzee was well known around Stamford because he rode around in trucks belonging to the towing company operated by his owners.

He was toilet trained, dressed himself, took his own bath, ate at the table and drank wine from a stemmed glass. He logged on to the computer to look at pictures, and watched television using the remote control.

[Based on reports by The Advocate , The New York Times and Associated Press.]