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Just One of Those Things

In veterinary malpractice cases, your pet is nothing more than property. One local attorney is aiming to convince judges otherwise, and make vets pay.

Navy Commander Julie Hendrickson already had 20 dogs living with her at her house in Kingston. So when she spotted a 100-pound golden retriever wandering along a busy road one night in 2006, she did what came naturally. She took the dog home.

Julie and Bear, before the gas.
Courtesy of Julie Hendrickson
Julie and Bear, before the gas.
Karp: a man who “needs to grow up”?
Kevin P. Casey
Karp: a man who “needs to grow up”?

The retriever, whom Hendrickson called Bear, soon earned a special place in the commander's heart. He was the one dog of the lot who got to travel with her every day to Bremerton's Naval Hospital, where she worked as a nurse.

But the day she took him to be neutered, something changed. Immediately after the procedure, Bear started panting and acting lethargic. Hendrickson says staff at the Ridgetop Animal Hospital in Silverdale, where the procedure was performed, told her Bear ingested some gas during surgery. The hospital recommended Gas-X. Hendrickson thought that would be too hard for Bear to swallow, so she opted for a homeopathic remedy instead.

A few hours later, Bear collapsed on the driveway of Hendrickson's home. A neighbor drove the dog to an emergency facility, while the Navy nurse performed CPR on Bear in the back seat. But the dog was dead by the time they arrived. Hendrickson, 41, says she took a week off from work to recover emotionally.

Only later, says Hendrickson, did she come to understand that Bear's gas had actually been life-threatening—that he'd been suffering from bloat, a frequent and fast killer of dogs. She says Ridgetop staff did not convey to her the seriousness of his condition. She also later learned of an emergency surgery—one the Ridgetop veterinarians didn't do—that involves inserting a tube into the dog's stomach to remove the gas. (An attorney for the hospital, John Schedler, says the procedure is highly risky.)

A year later, feeling that the hospital had mishandled the case, Hendrickson sued Ridgetop and the veterinarians who had worked on Bear, alleging negligence.

This sort of suit is extremely uncommon. Experts estimate that no more than a handful are filed each year statewide, compared to hundreds alleging malpractice in treatment of humans. That's in part because, unlike medical-malpractice complaints, which can result in multimillion-dollar awards, suits against veterinarians don't have a high potential payoff. In most cases, pet owners are entitled to the simple replacement cost of the animal and, if they're lucky, the cost of veterinary bills.

However much you may view your pet as a beloved companion and full-fledged family member, in the eyes of the law she's a piece of property—nothing less and nothing more. It's a principle that dates all the way back to the Code of Hammurabi, to the days when animals really were people's main property holdings.

Hendrickson's suit—along with legislative lobbying and other efforts around the country—is seeking to challenge that notion. In her complaint, Hendrickson has asked to be compensated not just for Bear's retail value, but for the "emotional distress" she endured after losing him—just as someone who had lost a spouse or child in a malpractice case would receive payment for pain and suffering.

Last year, a Kitsap County Superior Court judge dismissed Hendrickson's bid for emotional damages, saying she could only be compensated—should Ridgetop be found at fault—for her "economic loss." Hendrickson has appealed.

It's a quixotic campaign that finds hope in judicial footnotes and other small advances. Yet even the president of the Washington State Veterinary Medical Association, Port Orchard veterinarian Carrie La Jeunesse, believes it will succeed. "Personally, I think in time that's going to change," she says of the current legal status of pets. "The playing field feels like it's shifting, and there's a big movement afoot to make that happen."

The campaign isn't just about winning bigger awards; it's about trying to impose greater accountability on a veterinary profession that, in the view of some animal activists at least, doesn't face nearly enough.

"You've probably talked to Adam Karp," says Schedler, the hospital's lawyer. It's one of the first things out of the mouth of anyone asked about this movement.

Many lawyers will occasionally pick up a case involving animals. But Karp, who is representing Hendrickson, is one of the few attorneys in the state who has made it his exclusive full-time practice. A proud owner of five cats, Karp likes to drop quotes from a variety of sources—Matisyahu to Audre Lorde—in his musings on the law as a tool to elevate animals' status. Currently, he says, animals are basically treated as slaves once were.

Karp takes cases from all over the state, representing people whose pets have been declared dangerous by municipalities, or who want to create "trusts" that will care for their animals after their death, or who are embroiled in custody battles. Then there is the ever-growing number of owners outraged over their pets' veterinary care. He estimates that out of 200 calls a year he gets from potential clients, about 40 percent are from people claiming malpractice.

To foster animal rights, Karp is actively seeking more competition—that is, more lawyers who'll do what he does. He's organized an animal-law "section" through the Washington State Bar Association, and has convinced the UW and Seattle U law schools to let him teach their students.

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