Update on Chewy Case (RIP 06/18/2005..) - YorkieTalk.com Forums

blykmyk44 · 12-08-2005, 02:52 PM

As most of your veteran YorkieTalkers know we had a puppy (barely 3 months old) of ours die back in June of 2005. We took him into the vet because he was experiencing a mild cough (one cough per hour..) and the vet desided to do what is called a transtracheal wash. When we dropped him off in the morning he was fine and full of energy and when we came to pick him up after the procedure he was in an oxygen tank unable to breathe on his own. He struggled for the next 5 days (and $4,000+ in doctors bills) trying to get better but finally his lungs gave out and he died at the local Animal Emeregency Hospital.

Being that it was pretty obvious that the procedure, which they had described as completely safe had caused his condition to deteriorate so rapidly I decided to do reasearch on kennel cough and small puppies. Unfortunately, my research showed that there was really no reason to risk the procedure (which included anestesia) on a puppy that was only showing symptoms of a small cough. Even x-rays that were taken by the Vet Hospital and sent out for interpretation suggested that he might have an EXTREMELY mild case of pneumonia and that he should be given then anti-biotic Clavamox to clear it up. Another telling sign was that AFTER he had been admitted into the Emergency Hospital, and needed oxygen just to breathe another x-ray was taken and their vet recommended medicine unless the conditions got even WORSE, and then they should consider doing a tracheal wash. With all of this evidence at my decided I thought we should contact the veterinarians office and request settlement for killing our puppy.

The first attempt was an informal presentation put together by me an was denied with no reasoning by their Insurance company. This only strengthened my deterimination and caused me to find a lawyer that specializes in animal rights. Our lawyer helped us put together a more formal settlement package, including an expert opinion from another veterinarian (cost us about $1000) and we forwarded it to the insurance company. This time they at least did some reasearch into the case. However, again they denied the claim, but the denials they used had relatively little to what we had actually claimed in our suit.

Now we are $5,000 later with nothing to show for it and our lawyer said our only other step is to try and take this trial to court, which I would love to do. Unfortunately, the cost to do this could be up between $3,000 and $5,000 and I am just not sure I could even come close to working that into my budget.

What would you guys do? I really don't want Chewy's death to be in vain, and I don't want them to do this to other dogs? I have thought about picketing out in front of their business and might do that regardless but still don't know if I can put together enough to really hit them where it matters.

It has been a very frustrating ordeal and I hope none of you EVER have to go through the same thing we have.

txshopper73 · 12-08-2005, 02:56 PM

WOW! You have been pretty busy. If you decide to seek a trial, you can also sue for pain and suffering. It's your decision to make. You've taken it this far...might as well go all the way. JMHO

My2Furbabies · 12-08-2005, 03:04 PM

That is sooo awful!

I wish I were able to help you out somehow! If it were me I am not financially able to afford that. But I think you have done your best! I would keep looking for something else to do. JMO though. I wish you all the luck!!!

YorkieShadow · 12-08-2005, 03:09 PM

This is so sad. and I really dont know what to say. But I do wish you the best of luck in what decision you decide to got with.

velobabe · 12-08-2005, 03:15 PM

Don't you HATE the fact that true justice in many cases is only achieved by those who have the means financially to pursue it?? After going this far it's just horrible to think that the only obstacle standing in the way of seeking restitution and also consolation may be the sum of $3000-$5000...no small amount to many of us. Somehow it justs seems as though those scales tip to those fortunate enough to have a hefty bank account!! Good luck in whatever you decide. I know Chewy is proud of you no matter what

SoCalyorkiLvr · 12-08-2005, 03:15 PM

I am so sorry that your results have not been good, but my advice is to at least file the complaint because most cases never go to trial and the figure your attorney quoted was if it went All the way I would guess and most settle out with mediation or settlement conference.

See what your attorney will charge just to file the complaint and then got one step at a time. This will make it easier financially as well. From what little I know about the case, you have a more than good chance of prevailing and sending a strong message.

teri88 · 12-08-2005, 03:17 PM

Can you take him to small claims court? In NJ that is done without lawyers and is very cheap. I went after the pet shop that sold us Bandit because he died a month later and they refused to refund my money. I did some research and found out that the division of consumer affairs regulated the sale of dogs and cats in NJ so I went through them and was able to get my money. So, you'll want to go through whatever department licensed the vet. Report him for malpractice. I wouldn't give up. In the end you may not get your money back but just the fact that you make his life miserable for a while might make him stop and think next time. I feel so bad for you, I understand your pain. Fighting him and his mistake may help you to heal. It helped me so much.

Yorkieluv · 12-08-2005, 03:28 PM

I remember you telling us about Chewy....Again, I am so sorry for you loss and everything that the vet made him go through. Poor baby! Whether you pursue this case or not, remember that Chewy knows that you care about him. Ever since he passed away, you've been working to make things right, and he knows this.

Yorkieluv · 12-08-2005, 03:30 PM

Hopefully, this vet has a conscience and realizes that he made a HUGE mistake even if he won't admit it to you. Maybe he'll think twice before he performs procedures like this on animals who don't need them.

red98vett · 12-08-2005, 04:16 PM

Quote:

Originally Posted by teri88

Can you take him to small claims court? In NJ that is done without lawyers and is very cheap. I went after the pet shop that sold us Bandit because he died a month later and they refused to refund my money. I did some research and found out that the division of consumer affairs regulated the sale of dogs and cats in NJ so I went through them and was able to get my money. So, you'll want to go through whatever department licensed the vet. Report him for malpractice. I wouldn't give up. In the end you may not get your money back but just the fact that you make his life miserable for a while might make him stop and think next time. I feel so bad for you, I understand your pain. Fighting him and his mistake may help you to heal. It helped me so much.

Teri - you have been thru this yourself and how nice you're sharing your sad experience - it may offer hope and maybe there really CAN be justice for little Chewy ?

blykmyk44.....Whatever you decide I Want to wish you the very BEST of luck - what an awful thing to go thru adn I hope you can find some recourse - no one should have to wonder if their little puppy was actually lost over a mistake.

Patti · 12-08-2005, 04:21 PM

Is their any lawyers that will take it on and accept 1/3 of any settlement without up front charges? I am so sorry for your loss. Good luck

Dawn125 · 12-08-2005, 04:34 PM

I'm guessing that winning is not about the money as much as making sure the vet pays for his mistake. Unfortunately if you do eventually win the vet won't pay...his insurance company will pay. He obviously already knows how you feel. Either he feels remorseful or he doesn't. Continuing this won't make him more sorry. It also won't bring back Chewy. So most importantly will it really make you feel any better or will it prolong your pain? Did he at least write off his vet bill?

gymbo68 · 12-08-2005, 04:40 PM

Maybe try to strike a deal with your attorney-- alot of them will move ahead but take a large share of the settlement- I get the impression this is more about making them own up to it than the money so maybe that would work- it would at least be worth a try to have the discussion- good luck, it is a shame to have come this far and then back down.

lily · 12-08-2005, 04:47 PM

Quote:

Originally Posted by Dawn125

I'm guessing that winning is not about the money as much as making sure the vet pays for his mistake. Unfortunately if you do eventually win the vet won't pay...his insurance company will pay. He obviously already knows how you feel. Either he feels remorseful or he doesn't. Continuing this won't make him more sorry. It also won't bring back Chewy. So most importantly will it really make you feel any better or will it prolong your pain? Did he at least write off his vet bill?

Sorry about your loss! I think since he wrote off the bill I would leave it that and just remmeber your baby and the time you had with him.Sometime going though a trail (sp) is just more pain!But this is up you! lily

elliotts4 · 12-08-2005, 07:07 PM

What about contacting your local News channel? Maybe they have a "problem solvers" type department. A couple of the stations have them here in Kansas City. You may not get your money back....but at least it would bring it to the attention of other animal owners...plus I'm sure the vet would be more careful in the future.

Good luck and sorry for your loss!

12-08-2005, 02:52 PM	#1
blykmyk44 YT Addict Join Date: Jun 2005 Posts: 388	Update on Chewy Case (RIP 06/18/2005..) As most of your veteran YorkieTalkers know we had a puppy (barely 3 months old) of ours die back in June of 2005. We took him into the vet because he was experiencing a mild cough (one cough per hour..) and the vet desided to do what is called a transtracheal wash. When we dropped him off in the morning he was fine and full of energy and when we came to pick him up after the procedure he was in an oxygen tank unable to breathe on his own. He struggled for the next 5 days (and $4,000+ in doctors bills) trying to get better but finally his lungs gave out and he died at the local Animal Emeregency Hospital. Being that it was pretty obvious that the procedure, which they had described as completely safe had caused his condition to deteriorate so rapidly I decided to do reasearch on kennel cough and small puppies. Unfortunately, my research showed that there was really no reason to risk the procedure (which included anestesia) on a puppy that was only showing symptoms of a small cough. Even x-rays that were taken by the Vet Hospital and sent out for interpretation suggested that he might have an EXTREMELY mild case of pneumonia and that he should be given then anti-biotic Clavamox to clear it up. Another telling sign was that AFTER he had been admitted into the Emergency Hospital, and needed oxygen just to breathe another x-ray was taken and their vet recommended medicine unless the conditions got even WORSE, and then they should consider doing a tracheal wash. With all of this evidence at my decided I thought we should contact the veterinarians office and request settlement for killing our puppy. The first attempt was an informal presentation put together by me an was denied with no reasoning by their Insurance company. This only strengthened my deterimination and caused me to find a lawyer that specializes in animal rights. Our lawyer helped us put together a more formal settlement package, including an expert opinion from another veterinarian (cost us about $1000) and we forwarded it to the insurance company. This time they at least did some reasearch into the case. However, again they denied the claim, but the denials they used had relatively little to what we had actually claimed in our suit. Now we are $5,000 later with nothing to show for it and our lawyer said our only other step is to try and take this trial to court, which I would love to do. Unfortunately, the cost to do this could be up between $3,000 and $5,000 and I am just not sure I could even come close to working that into my budget. What would you guys do? I really don't want Chewy's death to be in vain, and I don't want them to do this to other dogs? I have thought about picketing out in front of their business and might do that regardless but still don't know if I can put together enough to really hit them where it matters. It has been a very frustrating ordeal and I hope none of you EVER have to go through the same thing we have. __________________ mommy to Pudgy and Chewy(RIP BABY) ALWAYS THINKING OF YOU! View Pudgy's Dogster Profile here: Dogster Profile

12-08-2005, 02:56 PM	#2
txshopper73 Donating YT 14K Club Member Join Date: Apr 2005 Location: Texas Posts: 14,226 Blog Entries: 1	WOW! You have been pretty busy. If you decide to seek a trial, you can also sue for pain and suffering. It's your decision to make. You've taken it this far...might as well go all the way. JMHO __________________ As always...JMO (Just My Opinion) Kimberley

12-08-2005, 03:04 PM	#3
My2Furbabies YT 5000 Club Member Join Date: Dec 2005 Location: MS Posts: 6,247 Blog Entries: 1	That is sooo awful! I wish I were able to help you out somehow! If it were me I am not financially able to afford that. But I think you have done your best! I would keep looking for something else to do. JMO though. I wish you all the luck!!! __________________ Chloe & Stewie

12-08-2005, 03:15 PM	#5
velobabe Mommy's Lil' Piper Cub Join Date: May 2005 Location: Pennsylvania Posts: 1,333	Don't you HATE the fact that true justice in many cases is only achieved by those who have the means financially to pursue it?? After going this far it's just horrible to think that the only obstacle standing in the way of seeking restitution and also consolation may be the sum of $3000-$5000...no small amount to many of us. Somehow it justs seems as though those scales tip to those fortunate enough to have a hefty bank account!! Good luck in whatever you decide. I know Chewy is proud of you no matter what __________________ Tammy & Piper ~Yorkies Are Not Our Whole Life, But They Make Our Lives Whole~

12-08-2005, 03:17 PM	#7
teri88 Donating YT 3000 Club Member Join Date: Apr 2005 Location: NJ Posts: 4,021	Can you take him to small claims court? In NJ that is done without lawyers and is very cheap. I went after the pet shop that sold us Bandit because he died a month later and they refused to refund my money. I did some research and found out that the division of consumer affairs regulated the sale of dogs and cats in NJ so I went through them and was able to get my money. So, you'll want to go through whatever department licensed the vet. Report him for malpractice. I wouldn't give up. In the end you may not get your money back but just the fact that you make his life miserable for a while might make him stop and think next time. I feel so bad for you, I understand your pain. Fighting him and his mistake may help you to heal. It helped me so much. __________________ Teri Owned by and completely devoted to Tucker... Maddie, we will always love you *Bandit, you are always in my heart* Proud Member SSLS

12-08-2005, 03:09 PM	#4
YorkieShadow BANNED! Join Date: Jul 2005 Location: USA Posts: 9,999	This is so sad. and I really dont know what to say. But I do wish you the best of luck in what decision you decide to got with.

12-08-2005, 03:15 PM	#6
SoCalyorkiLvr BANNED! Join Date: Mar 2005 Posts: 8,246	I am so sorry that your results have not been good, but my advice is to at least file the complaint because most cases never go to trial and the figure your attorney quoted was if it went All the way I would guess and most settle out with mediation or settlement conference. See what your attorney will charge just to file the complaint and then got one step at a time. This will make it easier financially as well. From what little I know about the case, you have a more than good chance of prevailing and sending a strong message.

12-08-2005, 03:28 PM	#8
Yorkieluv Donating YT 3000 Club Member Join Date: Feb 2005 Location: USA Posts: 7,178	I remember you telling us about Chewy....Again, I am so sorry for you loss and everything that the vet made him go through. Poor baby! Whether you pursue this case or not, remember that Chewy knows that you care about him. Ever since he passed away, you've been working to make things right, and he knows this.

12-08-2005, 03:30 PM	#9
Yorkieluv Donating YT 3000 Club Member Join Date: Feb 2005 Location: USA Posts: 7,178	Hopefully, this vet has a conscience and realizes that he made a HUGE mistake even if he won't admit it to you. Maybe he'll think twice before he performs procedures like this on animals who don't need them.

12-08-2005, 04:21 PM	#11
Patti Donating YT 30K Club Member Join Date: Oct 2005 Location: Illinois Posts: 35,509 Blog Entries: 6	Is their any lawyers that will take it on and accept 1/3 of any settlement without up front charges? I am so sorry for your loss. Good luck __________________ Cali Pixie Roxie : RIP Nikki; RIP Maya;RIP my sweet Dixie girl 1/17/08 http://callipuppyscastle.bravehost.com/index.html

12-08-2005, 04:34 PM	#12
Dawn125 YT Addict Join Date: Nov 2005 Location: Central California Posts: 445	I'm guessing that winning is not about the money as much as making sure the vet pays for his mistake. Unfortunately if you do eventually win the vet won't pay...his insurance company will pay. He obviously already knows how you feel. Either he feels remorseful or he doesn't. Continuing this won't make him more sorry. It also won't bring back Chewy. So most importantly will it really make you feel any better or will it prolong your pain? Did he at least write off his vet bill?

12-08-2005, 04:40 PM	#13
gymbo68 YT 1000 Club Member Join Date: Jan 2005 Location: Michigan Posts: 1,022	Maybe try to strike a deal with your attorney-- alot of them will move ahead but take a large share of the settlement- I get the impression this is more about making them own up to it than the money so maybe that would work- it would at least be worth a try to have the discussion- good luck, it is a shame to have come this far and then back down.

12-08-2005, 07:07 PM	#15
elliotts4 Senior Yorkie Talker Join Date: Sep 2005 Location: MO Posts: 112	What about contacting your local News channel? Maybe they have a "problem solvers" type department. A couple of the stations have them here in Kansas City. You may not get your money back....but at least it would bring it to the attention of other animal owners...plus I'm sure the vet would be more careful in the future. Good luck and sorry for your loss!