Posted on 12/07/2005 2:57:52 AM PST by beaversmom
Joe was family to Cindy Gaffney, and the Marengo woman says the Great Dane's March 2004 death devastated her.
What compounded her grief was the feelings of "guilt that she had betrayed Joe, as well as frustration and helplessness because she could not provide relief for Joe's pain," according to a lawsuit Gaffney's attorney filed this week.
The five-count suit seeks in excess of $50,000 per count from Dundee Animal Hospital in East Dundee, and one of its veterinarians, Dr. Leonid Gurevich. According to the suit, Gurevich's actions "led to the untimely death of Joe Gaffney, a canine member" of her family.
Gaffney's attorney, Amy A. Breyer, said the lawsuit focuses on the animal hospital billing itself as a 24-hour emergency facility that could provide specialized care.
Gaffney, a former volunteer with the hospital's Helping Paws organization that rescues Great Danes, said she chose the facility because it was supposed to provide that round-the-clock emergency care.
"When it came down to it, the doctor made a death decision for this dog rather than provide 24-hour emergency care," said Breyer, whose Chicago practice is the first in Illinois to focus on animal law.
Debra James, the hospital's practice administrator, declined comment on the lawsuit. The hospital's attorneys could not be reached for comment.
Gaffney said she awoke early on March 3 to the sounds of her 9-year-old dog making retching sounds. She contacted the Dundee Animal Hospital and took him into the facility. Gurevich diagnosed Joe with bloat, she said. Bloat is a condition that affects large animals in which the stomach twists and causes pain. It can be fatal without surgery.
However, Gurevich did not recommend surgery, based on Joe's medical history. The Great Dane had a leg amputated earlier that year and had been undergoing chemotherapy for cancer, she said.
According to the lawsuit, the veterinarian refused to perform the surgery. He gave Gaffney, who wanted Joe to have the surgery, the names of several other hospitals that could perform the procedure but acknowledged Joe could die en route. Gurevich did not give Joe any pain medication or fluids, the lawsuit states.
Joe later was taken to a Woodstock animal hospital where he died undergoing surgery.
The lawsuit states that as a result of Joe's death, Gaffney suffered "great mental anguish, including: crying, nausea, headaches, shaking, loss of sleep, loss of appetite, nightmares, daytime nightmarish thoughts, anxiety, anger (and) sadness ..."
A Feb. 27 hearing is scheduled on the lawsuit.
Breyer said animal law is a fairly new field and includes veterinary malpractice and animal research issues. She said her practice focuses on companion animals, or pets. She said there has been a movement toward using the word companion rather than pet.
"The hope is people will view these relationships more seriously," she said. "My personal feeling is over the course of U.S. history, companion animals have not been valued very highly in economic terms and the insurance industry takes advantage of that."
Insurance companies, which provide veterinary malpractice coverage, generally are not interested in settling cases, she said.
"The current strategy is they litigate until the individual plaintiff can't litigate anymore and goes away," Breyer said. "I have clients who understand it is a process and it takes awhile and will not be defeated by their war of attrition strategy." 12/02/05
"are not married and don't have any children."
Ditto that. You don't know what's important in life until you have children.
Cloning – maybe that’s what she needs the $50,000 for?
We think my dad's yellow lab died from bloat. It wasn't a fun way for him to go and my dad was really sad, but what can you do? My dad was notorious for overfeeding him and Sam would just wolf it down and then drink a ton of water. His good appetite probably did him in.
I'm sorry about your dad's dog but you're right, what can you do? Go on with your life and when you're up to it, get another dog is about it. Lots of people overfeed their pets, I'm guilty of it myself. We kill them with kindness.
But the woman in this story is a major nutjob. She really does need to get a life.
I just took a peek at your homepage, congrats on the new baby!! She's beautiful and your boys are darling.
I have 5 kids, 4 girls and 1 boy, ages 16 to 6. My husband would like to have more but I don't think my poor body can do it again.
As for movie scores, Out Of Africa is one of my favorites. The Piano (with Holly Hunter) is a great one, too.
This woman should be countersued for inflicting pain and suffering on the poor animal. And her attorney should be sued for inflicting stress on the vet. I believe every word of this story. I believe this woman is suffering tremendously from the loss of her beloved dog. But just because she thinks her dog is her child doesn't mean an attorney should listen to her.
If her dog did survive surgery, most likely would not have lasted long after that.
The very fact that the dog died despite surgery by the Woodstock vet indicates that he wouldn't have survived surgery in the Dundee facility, and the Dundee vet made the right decision. But the plaintiff is still likely to get something because a jury is going to feel sorry for all her crying and carrying-on. It's a shame. A nine-year-old Great Dane doesn't have long anyway, even if it's in good health. And this one, with three legs and cancer?? She should have let the Dundee doctor put him down right away. Sometimes God is trying to tell you something, lady.
Yep.
Yep.
Nutcases are taking over the world, and for the life of me I can't figure out what enables them...
Sounds like a BS lawsuit. A lawyer trying to make a name for herself.
I was unaware that "... 24-hour emergency facility" was synonymous with "having the abilities of God"...
Which is the only way this suit would have any merit whatsoever.
Great, now routine medical care at the vet will cost 3x as much due to malpractice premiums.
I am a lawyer but most of the time I despise other lawyers!
Ah-yep.
She said there has been a movement toward using the word companion rather than pet.
All she needs is a little exposure and she'll be on the gravy train through PETA for life.
And if for some reason, she's successful in this suit, we can watch the beginnings of unaffordable vet cares thanks to the outrageous insurance vets will have to start paying.
Hmmm. A hug, a cup of tea and a new puppy ought to take care of that.
Vet ping.
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