My Cat Kitten was blinded because of a bad veternarian overdosing her with Baytril

[kittens mom]

Yeah, that is the really sad thing here. I can't believe pain and suffering isn't even a consideration, especially in this day and age when more and more people have pets that are essentially their kids. I won't take that thought any further though, that's another discussion for another day.

I believe there are some ways to fix this without having to muddle into the status of animals under the law. And without turning a tragic event into a money grubbing event for owner or lawyers. It will not force judges to make law from the bench and subject the victims. ( pet owners) to endless appeals or our legislative bodies to devote excess time and energy to make some changes in current law.

 

[kittens mom]

I had no response from the lawyers for the settlement offer. I hesitate to speak on the phone because I am not a lawyer and they are. It's much harder to twist written words than spoken. I finished my motion for a summary judgment and filed it today. Was it perfect no. I do think I covered the basics of the document and it tells the story. There are no disputed facts. I added a request for emotional distress and of course punitive damages. Veterinarians that admit to using a 16 year old medical reference and infer they have been treating other cats with the same dosages. I cannot find out what the settlement agreement proffered to the Bad Vet is until it is signed by the board and Bad Vet. It then becomes a public record. This is the first time in weeks that my desk is cleared off and looks normal.

I was told since it was the 19th of April and the court date is May 12th the judge will likely handle the summary judgment before the trial if we get that far. We shall see what comes.

 

[Mamanyt1953]

Go soak in a hot tub.  You richly deserve and need to pamper yourself.  We're here with and for you, all the way.

 

[kittens mom]

A Chewbacca defense is the name given to a legal strategy in which the aim of the argument seems to be to deliberately confuse the jury rather than actually refute the case of the other side. The concept's name comes from an episode of the animated series South Park, "Chef Aid", which premiered on October 7, 1998.

Hoist with your own petard also comes to mind.

And this debacle is all because the veterinarian who thinks its just hunky dory to use a 16 year old book to determine medical treatment. Not just for Kitten but who knows how many other unnamed cats and who knows what other archaic ministrations she applied to other helpless creatures of the universe via that book. Personally I'd be satisfied with a judgment of her being forced to eat it one page at a time.

 

[tallyollyopia]

We're rooting for you.

 
A Chewbacca defense is the name given to a legal strategy in which the aim of the argument seems to be to deliberately confuse the jury rather than actually refute the case of the other side. The concept's name comes from an episode of the animated series South Park, "Chef Aid", which premiered on October 7, 1998.

Hoist with your own petard also comes to mind.

And this debacle is all because the veterinarian who thinks its just hunky dory to use a 16 year old book to determine medical treatment. Not just for Kitten but who knows how many other unnamed cats and who knows what other archaic ministrations she applied to other helpless creatures of the universe via that book. Personally I'd be satisfied with a judgment of her being forced to eat it one page at a time.

 I'd like to see that too! (Too bad it's considered "cruel and unusual punishment.) At least the battle's underway now; you're one step closer. 

 

[donutte]

A Chewbacca defense is the name given to a legal strategy in which the aim of the argument seems to be to deliberately confuse the jury rather than actually refute the case of the other side. The concept's name comes from an episode of the animated series South Park, "Chef Aid", which premiered on October 7, 1998.

Hoist with your own petard also comes to mind.

And this debacle is all because the veterinarian who thinks its just hunky dory to use a 16 year old book to determine medical treatment. Not just for Kitten but who knows how many other unnamed cats and who knows what other archaic ministrations she applied to other helpless creatures of the universe via that book. Personally I'd be satisfied with a judgment of her being forced to eat it one page at a time.

Wow, I totally remember that South Park episode...

 

[Mamanyt1953]

 
We're rooting for you.

 I'd like to see that too! (Too bad it's considered "cruel and unusual punishment.) At least the battle's underway now; you're one step closer. 

Even if it is offered with salt?  Oh, come on!

 

[morganalefae]

How bout giving her a tea spoon so she can dig her self out of the poo she put herself in? naw I would not either. I'm suprised she has not been brought up sooner. Maybe the vet board should do checks on all vets to make sure they have the most up to date books, info etc, and if they dont give them so long to update their stuff before fining them and taking their vet license away for say 1-2 months and after that time they still don't have up to date stuff take the license away for good... But that is most likely never going to happen sad really.

I would like also say your doing a great job and I know you have most likely given other people the courage to fight for their animals in cases like this. It will be a long and most likely hard road but you have people that stand behind you 100% if you never stood up and spoke for kitten who know how many other cats & animals would have to stuffer at this persons hands before the vet board did something.

 

[kittens mom]

 
How bout giving her a tea spoon so she can dig her self out of the poo she put herself in? naw I would not either. I'm suprised she has not been brought up sooner. Maybe the vet board should do checks on all vets to make sure they have the most up to date books, info etc, and if they dont give them so long to update their stuff before fining them and taking their vet license away for say 1-2 months and after that time they still don't have up to date stuff take the license away for good... But that is most likely never going to happen sad really.

I would like also say your doing a great job and I know you have most likely given other people the courage to fight for their animals in cases like this. It will be a long and most likely hard road but you have people that stand behind you 100% if you never stood up and spoke for kitten who know how many other cats & animals would have to stuffer at this persons hands before the vet board did something.

I have had to watch my own nature here. Which is to forgive. Feel bad about imposing on someone. Something I would have been inclined to do had this been just an error in calculation . We are all human.  Finding out that she was using a 1999 book to determine treatment with medications took a long time to sink in.

Yeah she done it to Kitten. But what about the unnamed victims. How many pet owners did she show sympathy to after being the proximate cause of the death, failure to heal or adverse effect by her negligent behavior.  And I thought . What have I stepped in.

I don't have the power to subpoena all of her records. I do hope that as word spreads anyone with questions about treatment they received for their pets at her clinic come forward. If they have a valid claim I hope that my case helps them secure legal counsel , hopefully pro bono and slams the lid shut on her career forever.

She is no better than the vet who shot the pet cat with an arrow. Her weapon of choice was ignorance. Both of them knew better.

 

[kittens mom]

And an attempt to settle this mess flew out the window today because the veterinarian still thinks she did nothing wrong. It's just fine to use a drug in a dose known to cause a specific adverse reaction obtained from a 16 year old book and blind a cat in the process of curing a kitty cold.

So speaketh she from the lips of her lawyer.

I wanted to add that aside from above nonsense the lawyer told me my lawsuit was frivolous and they would be asking the court to make us pay her attorney fees. I wonder what this lawyer thinks I've been doing with my time ??? 

No matter how you approach this situation, Veterinary Malpractice or property damage there is nothing without merit. I'm sure he was testing the waters. Am I going to freak out over going to court. Don't ever misunderstand the offer to settle , even taking less than you should receive for the injury as weakness. Settlement is part of the process. You don't want to show up to court looking like this

butt heads.png

• kittens mom
• May 4, 2016

The scales in a civil case don't balance on beyond a reasonable doubt. It's a preponderance of the evidence. A tad higher if you opt as I have had to do for the Common Knowledge Exception to the Expert Witness.

 

[zed xyzed]

Not the brightest person is she?

 

[LotsOfFur]

Like my mom always said "hope she can eat those words"
Karma is a B****, and I hope she gets what she deserves!
People who don't think they do any wrong and have no remorse or accountability really get to me! I have a lot of respect for you to be able to keep fighting the good fight when she hopes you will just go away!
She made a big mistake when she decided to mess with you and your family!

 

[kittens mom]

 
Not the brightest person is she?

Well understand her lawyer is obligated to say things like that.  I want her vigorously  defended.

Understand while I don't have legal counsel in court I do have access to some legal advice. One of the first questions we put forth was the possibility of being responsible for her lawyer fee.

We have the American Rule. That is where each party bears it's own costs. Exceptions are contracts that stipulate if you sue and loose you pay. We have no such contracts and our case was filed in good faith.

I suppose her lawyer hoped we were looking to bail. What we are doing is following protocol. In a civil case you can call your opponent to the stand. In many cases they can be compelled to testify. As a rule refusing to answer questions only solidifies an implication of guilt.

What her attorney says in attempts to scare me only reinforces my belief in our case. She don't got squat.

 

[kittens mom]

Like my mom always said "hope she can eat those words"
Karma is a B****, and I hope she gets what she deserves!
People who don't think they do any wrong and have no remorse or accountability really get to me! I have a lot of respect for you to be able to keep fighting the good fight when she hopes you will just go away!
She made a big mistake when she decided to mess with you and your family!

This becomes a public record in court. Settling out of court usually means some form of confidentiality excluding what is already public record. That said the lawyer can't settle or offer to settle in her behalf. So that big monster on the phone is really just her hired bully. Her guilt or innocence or even his own personal feelings about her are moot points.

We filed this lawsuit because it was the right thing to do. The money being asked in recovery is the only legal recourse. Damages.

 

[micknsnicks2mom]

may i ask, and i'm sure you've posted this info but i can't find it, when is the court date? is it set yet?

 

[kittens mom]

 
may i ask, and i'm sure you've posted this info but i can't find it, when is the court date? is it set yet?

May 12

 

[micknsnicks2mom]

 
May 12

thank you! i'll mark that date on my calendar. and i'll be sending you

for strength and endurance on that day especially. 

 

[Mamanyt1953]

I will be standing by with candles lit, and beemz headed your way.  You know this.  I have no doubts, but we're covering our fannies on this end.

But here is the question:  Does she eat her crow plain, with just salt and pepper, or with gravy?  Me, I'd suggest the gravy.  Crow can be dry, and hard to swallow.  I know.  I've eaten a bit of it in my younger days (I no longer allow my mouth to write checks that my butt can't cash)!

 

[tallyollyopia]

Wow. 

 All I can say is, hang in there. You're doing great. I hope you give that vet the 

that she deserves. 

 

[foxxycat]

Hoping for a good outcome on May 12. I sure hope she doesn't do anything else stupid. I can't get over how arrogant she is.

May she have flat tires and get heartburn every night!