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Old 11-09-2008, 01:23 PM   #1
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Default Breeder, Michele Irvin in Modesto CA refuses puppy's health record

My 10 weeks puppy was diagnosed at 9 weeks with a grade 3/4 patella luxation during her 1st vet check. The vet said that this is a congenital disease. I contacted the breeder and informed her of this and asked for the puppy's health record. The breeder claimed that she's taken the puppy in to the vet for a checkup and the puppy is healthy and no health issues, now she won't provide me with her vet's name/# or the puppy health record.
My puppy will required surgery and will cost $1,200-$1,400. Has any gotten a puppy from this breeder?
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Old 11-09-2008, 05:40 PM   #2
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Just bumping this up for you so someone can help you. Sounds like you may have to get a lawyer
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Old 11-09-2008, 06:30 PM   #3
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Did you ever check on the CA. puppy lemon law?
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Old 11-10-2008, 07:26 AM   #4
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It seems like you are dealing with a dishonest breeder. (The fact that the breeder placed the puppy with you at such a young age doesn't weigh in her favor either.)
I'm hoping that there was some sort of signed agreement/health guarantee between the two of you regarding the dog....?
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Old 11-10-2008, 07:34 AM   #5
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If this breeder sells at least 2 litters a year....you have protection via the California's puppy lemon law. You could recover not only the purchase price of puppy but also the vet fees. I'd consider contacting an attorney.
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Old 11-10-2008, 07:54 AM   #6
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I am sorry your going threw this but the sad part is that the breeder probably knew this and failed to tell you. I am in the same boat, I bought my dog but she 1.5 years old. The lady I bought her from didn't tell me she had this condition which I have now found out that she did know and just didn't tell me. Good luck and I would suggest contacting a lawyer also.
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Old 11-10-2008, 12:46 PM   #7
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Yes, i've been looking into the ca lemon law. i shared the info w/her and she claimed that that law does not pertain to her as she's a 'hobby breeder' and does not breed enough to be consider a 'breeder'. i think she's discovered a loophole and is taking advantage of it. there's the small claims court route that i can take and will be pursuing. i am hestitated to contact a lawyer, due to the added cost. I'd rather save that money for the puppy's surgery. Pls. reply if you've had to take a breeder to court due to mis-presentation of the puppy's health and share with me your experience. thx.
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Old 11-10-2008, 01:39 PM   #8
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I can't offer any other information, but hoping all works out for you and your baby!
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Old 11-10-2008, 01:49 PM   #9
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Quote:
Originally Posted by GeorgieMama View Post
Yes, i've been looking into the ca lemon law. i shared the info w/her and she claimed that that law does not pertain to her as she's a 'hobby breeder' and does not breed enough to be consider a 'breeder'. i think she's discovered a loophole and is taking advantage of it. there's the small claims court route that i can take and will be pursuing. i am hestitated to contact a lawyer, due to the added cost. I'd rather save that money for the puppy's surgery. Pls. reply if you've had to take a breeder to court due to mis-presentation of the puppy's health and share with me your experience. thx.
If the breeder has less than 2 litters a year....she is exempt from that law.
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Old 11-10-2008, 02:56 PM   #10
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I'm sorry to hear about your dog. How much does your dog weigh? When I took Teddi to Tennessee to have her LS surgery the doctor there told me that when they are small they don't have much of a joint to hold the bone in because they are so tiny so they tend to have that more. He told me that unless they start holding their leg up or limping or something that it is not a serious concern. Also he said to make sure they are not over weight.
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Old 11-12-2008, 12:18 PM   #11
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she's 11wks now and weight 1.9 lbs. she sometime show favors with the worse of the 2 hing legs, which was diagnosed to be a 3-4 grade of PL. i am worry that even at this young of an age she's already had an advanced grade. anyone with this grade went on to live actively w/o surgery?
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Old 11-12-2008, 01:06 PM   #12
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I'm sorry you're having troubles getting a health record, and I don't know this breeder.. but let me play the devils advocate here for a minute.. 1st.. you shouldn't have bought a 10 week old puppy. Period. 2nd a LOT of puppies knees are loose at this young age, also during heat cycles and pregnancy due to relaxin. The puppy is growing rapidly and everything can be loosy goosy at this age. A grade 3/4 LP on a 10-12 week old puppy is not necissarily going to be a grade 3/4 on an adult dog. this is why OFA will not certify patellas until 1 year of age.. the dog is growing and changing rapidly until adulthood. 3rd any vet who starts crying surgery on a 10 week old puppy with loose knees is not worth his salt in my book...he's obviously needing to make the payment on his Beamer. Let the puppy grow up, and then evaluate the puppy with TWO vets at closer to a year old, no where near it's heat cycle. (Even OFA requires TWO vets to certify).. during this time don't let the puppy jump or climb, or jump off of your couch, or anything else, as that will damage even good knees. I assume you got at least a 1 year health warranty on this dog minimum? Keep in contact with the breeder and let them know you will have the dogs knees re-checked near a year of age (by TWO vets), and if there is STILL a 3/4 luxation requiring surgery, then you will expect her to either pay for it, or replace the dog. I have a dog with a grade 3 LP.. she's an insane jumper. She gets around just fine, and has never had any issues with it. She's 5.5 years old. Sometimes it pops out when she's walking then she stops, wiggles it back into place and keeps on going...she has no sign of pain. Yorkies as a general rule are not good dogs to own if you want great knees. Some breeders (such as myself) work very very hard to breed good knees, most don't... You have to make that choice BEFORE buying a puppy to buy from someone who is breeding healthy dogs and has the testing to prove it....not regret it after. Hope everything works out for your little girl.
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Old 11-12-2008, 01:30 PM   #13
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Does she realy want you to advertise for others who may be in the same boat. If there is at least 1-2 even just 1 other person who has congenital problems with the puppy a suit could be filed against her and does she want the negative publicity.
Especially if she tries to sell puppies again.
Small breeders may not have to get license's but I still believe they are not totally protected by the law. If not under a law for breeders then maybe a law protecting the public from people selling products under a false premise. I don't know the law. I just know if you sell someone a puppy without informing them of all the health issues related with the puppy isn't right and to me. Its like cheating the puppy and the public. What if a the person buying the puppy at this time can't afford the vet care, so they have to decide to give the puppy away or God forbid they be advised the quality of life for this pet would be nilso put the animal down. The bottom line is both of them need up suffering.
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Old 11-12-2008, 04:06 PM   #14
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Default way too young to tell---

The puppy was home with you at 9 weeks? That's way too young for a Yorkie to go home, and 10 weeks is too young for knees to be reliably evaluated, 12 weeks would be better but still young to tell for sure unless maybe grade 4 or worse, but these are problems you can usually avoid by selecting a reputable breeder.
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Old 11-13-2008, 07:28 AM   #15
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Quote:
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The puppy was home with you at 9 weeks? That's way too young for a Yorkie to go home, and 10 weeks is too young for knees to be reliably evaluated, 12 weeks would be better but still young to tell for sure unless maybe grade 4 or worse, but these are problems you can usually avoid by selecting a reputable breeder.
Those were my first thoughts too.
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