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.

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

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.

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 :thumbup:

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.

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.

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.

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.

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.

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

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?

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.

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

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!