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At this point, from what I am reading the only thing to do is return the puppy per the contract. Every organization involved is going to advise Judy to go by the signed agreed contract. |
Thank you, it is comforting to know that poor Max would not be put to sleep as he is no longer a commodity capable of being sold to another buyer. If Max were to be returned, which I find to be most unlikely, would Sheila be refunded the money already expended taking care of Judy's sick pup? |
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I don't see how Dixie's Mom can answer for Judy on this??? AND if she does, that is so wrong. |
TXVicki I understood that Dixies Mom was acting for Judy (even though she said she was not) as she does not come on here herself. I assumed if DM did reply it would be the result of a consult with Judy, as he has commented on other questions and seems to be well aware of the facts of this 'case' and acting as her quasi legal advisor. Of course he has no legal right to make decisions for Judy on his own. Thanks for raising this though. |
First of all, i am very sorry that Max is having problems. I can understand your worry and anxiety over what might be in his future. After reading this tread, I am confused. Yes, it was terrible that the puppy was sold with ear infections, eye infections and coccidia. And yes, if I were a breeder I would be mortified to send a pup home like that and immediately cover costs related to those immediate needs. But lacrimal agenesis is extremely rare and not something that is routinely tested for. In fact, it's quite logical that no vet would even begin looking for it until there were repeated eye infections or an infection not responsive to antibiotics. Even then, their first diagnosis would likely be lacrimal duct stenosis and treatment would be drops and massage. It doesn't tend to run in lines, so it wouldn't likely be something that the breeder would be aware of prior to having a pup diagnosed with it. It's not life threatening. It can lead to other problems that aren't life threatening. Treatment is expensive and time consuming. But when we buy a pup, we are agreeing to take on a pup for life and take care of what ever comes our way. The OP knew the terms of the health guarantee before she bought the pup. Is it a great guarantee? IMO, no. I could never give a pup back and would never purchase a pup with that kind of caveat. We say here time and time again to do your research before buying a pup. Part of that research includes looking at and understanding the health guarantee. But that was the contract that was agreed to and signed. Asking that it be changed after the fact, while it might be emotionally appealing, doesn't have a whole lot of legal backing. There are two sides to every story and we have only heard one. What ever the outcome, I hope thatMax gets the treatment he needs and lives a very happy life. |
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She even sent me an e-mail asking me if I was sure my Vet knew it was Congenital Lacrimal Gland Aplasia, since I told her that my Vet hadn't seen it in her practice of 23 years. This, after I explained to her that our Vet had diagnosed the severe bacterial infection in Max's left eye, as a result of it, done the Flourescein stain, and the Schirmer tear test, and consulted with an Opthalmologist at Purdue in West LaFayette, IN. |
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Judy should be here, answering for herself. Better yet, would be if she would e-mail my husband or I, and answer for herself. |
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According to the Ophthalmologist at Purdue in West LaFayette, IN, Yorkies are the poster child for Lacrimal Gland Aplasia. The severe bacterial infection in Max's left eye, is what prompted our Vet to to the Flourescein stain, and the Schirmer tear test. As for the contract-there is more to the story, but I'm exhausted and leaving it in the hands of YTCA and AKC. Over 30 years, I had gotten my 3 beautiful girls from wonderful AKC Show breeders. Never a problem, until now. |
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yes there are two sides to every story... but the breeder is choosing not to respond and imo that makes her side questionable. I just hope Max is ok.. and treatment prevents any damage to his eyes. I hope you are ok too... |
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I can personally say, after the Memphis show in September, I delivered 2 puppies from Judy to people along my travels. I have kept in touch with them because they have personally met me and feel comfortable with me. Neither puppy had such diagnosis. With yeast and giardiasis, if one has it, you treat them all. |
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Indiana does not have any puppy lemon laws in place. It does appear that she has tried to live up to the written contract as was signed by both parties. |
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The lines of communication between this breeder and Sheila have broken down, all we can see here is what Sheila is saying...she has no reason to lie....to what gain? From what Sheila has said, Judy has not asked for proof of diagnosis, or even how Max is doing. This distancing I would expect from a byb, not a breeder with a reputation to protect. |
so confusing, I may have missed it but in this thread the OP never posted the breeders name, but yet someone started calling her Judy, where did that info come from, To the OP how long until you found out the puppy had all these problems? was it within a few days, if so isn't there something in the contract that allows for the immediate return of a sick pup within about 3 days of purchase. I bought a pup once that had yeast infections in his ears. This was my second pup from that breeder and she was very honest, but unfortunately she lost her only son in a car accident shortly after the litter that my pup was from was born, so she was not on top of her game like she normally would have been. She paid for ALL the vet visits and was very embarrassed. The yeast infection is the least of the problems here, but if the puppy came with all the other problems, seems like you should have been able to get a refund, but then again I don't know how long you had the pup before you took him to the vet. |
just reread a few posts and realized that even though her name was not mentioned it was easy to figure out who the breeder is. |
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