Joan and Gary Smith had filed a lawsuit against Theodore Veterinary Hospital and veterinarian Carl D. Myers in March 2007. They claimed negligence in the death of their 3Â½-year-old French mastiff and show dog named Razz.
The couple stated that they were entitled to a large amount of money because Razz was a rare breed and was in demand.
Earlier last month, Mobile County Circuit Judge Michael Youngpeter ruled in favor of Myers and said that the Smiths had not presented any evidence that Myers’ conduct fell below the standard level of care provided by the veterinary profession.
Defense attorney Marshall Gardner said, “It’s been our contention from Day 1 that the lawsuit was meritless. We’re very pleased for Dr. Myers. He got some bad publicity out of this when it wasn’t warranted.”
The Smiths’ ran into some problems when their attorneys backed out of the case, and they filed no response to the judge’s motion for a judgment.
The couple said that they could not continue the suit. Joan Smith asked, “What am I going to do? Do you know how hard it is trying to get a lawyer to represent you on a dog?”
It all started on February 1, 2005 when the Smiths brought Razz into the hospital for a hip X-ray, a dental cleaning and the removal of a skin tumor.
Smith said the X-ray was a requirement for a competition and Myers was the only vet in the area that was certified to perform the procedure.
A week later, the couple took Razz back to vet and said that Razz had not been eating. Myers treated the dog and sent him home two days later.
On February 22, Razz had his surgical staples removed.
In April, court records stated that Razz was running a fever and was lethargic.
Myers consulted with two professors at Auburn and felt like the dog needed specialized care. He recommended that Razz be sent to the Louisiana State University School of Veterinary Medicine, where he died April 15, 2005.