An L.A. man has quit work and spent $300,000 suing All-Care of Fountain Valley, which he says is responsible for the death of his beloved dog.
By Rachanee Srisavasdi
THE ORANGE COUNTY REGISTER
February. 10, 2004
Sitting in the witness box, Marc Bluestone took off his silver-rimmed glasses and dabbed away tears.
Bluestone told jurors how he stopped working two years ago to dedicate his life to his lawsuit, shelling out more than $300,000.
"I've spent full time (toward) working to get justice for my loved one... for the killing of my “baby," Bluestone, 61, said, his voice trembling. "They killed her. They systematically butchered and tortured her.... That's sheer evil."
Three poster-size photos of Bluestone's deceased beloved were clipped to a bulletin board between Bluestone and the jury.
The photos were of Shane, his 3-year-old yellow Lab mix.
The Sherman Oaks man is suing All-Care Animal Referral Center in Fountain Valley, its owner, Robert Rooks, and veterinarian Craig Bergstrom for veterinary malpractice and fraud in the death of his pet.
Bluestone alleges that his dog was misdiagnosed, then subjected to unnecessary treatment, including radiation and the prescription of 30 medications.
Bluestone's attorneys also say the stress over losing Shane has made their client, who has heart disease, more susceptible to a stroke or heart attack.
The hospital and the veterinarians insist that Shane was diagnosed correctly.
The dog, the veterinarians say, was extremely sick upon arrival at the hospital in January 1999 and the hospital did the best it could do save her.
"We're doctors; we aren't gods," Rooks said Monday. "We used all the treatments at our disposal to help this pet."
Joyce Tischler, executive director of the Animal Legal Defense Fund, said lawsuits against veterinarians are becoming more common but that she has never heard of anyone spending hundreds of thousands of dollars to pursue such litigation.
More than 30,000 animals are treated each year at nationally recognized All-Care.
This is the first large case against the hospital to be considered by a jury.
Rooks, a former National Veterinarian of the Year, and the hospital have been sued at least a dozen times, mostly in small-claims court.
Rooks was disciplined by the California State Veterinary Board last October for letting an unregistered technician do medical work.
The action resulted from a 1 ˝-year investigation by the state Attorney General's Office, which alleged that All-Care falsified medical records and misrepresented employee qualifications.
Rooks was exonerated and is appealing the veterinary board's action. Bluestone is seeking more than a half-million dollars in damages, his lawyers say. .
The trial is expected to last until the end of the month.
In his testimony last week, Bluestone, wearing a black turtleneck under a pinstripe blazer, smiled when asked about his life with Shane. His eyes lit up and his deep booming voice softened.
He testified that he got the dog at a rescue shelter in 1996.
Bluestone began to tailor his life around Shane. He started to run his textile company from his Sherman Oaks home. Shane accompanied him on weekend trips. Bluestone filled his home with tennis balls and toys for Shane. "It was pure love between the both of us.... When I see her, when I had her, it was the ultimate in my life," said Bluestone, who is single with no children.
When she was 1 ˝ years old, Shane started to have seizures. Medication and acupuncture didn't help.
Bluestone's veterinarian referred him to Bergstrom and All-Care Referral Center, where Shane was admitted on Jan. 13, 1999.
Bluestone testified that he never believed Shane's seizures were life-threatening, and was sure she would be fine after All-Care evaluated her.
Shane was given medication before Bluestone took her home Jan. 16.
But Shane kept having seizures, so Bluestone returned to the hospital the next day. Shane was admitted.
A few days later, Shane's back right leg - where an IV had been placed was swollen and four toes had to be amputated, Bluestone said.
Bergstrom said the swelling was not because of any hospital procedure, Bluestone said.
Shane remained in the hospital because of her leg and seizures. Bluestone said he spent almost every day with her.
At the end of February, Bergstrom said Shane needed radiation treatment on her brain to stop the seizures, which were caused by an inflammatory brain disease, Bluestone said.
Shane underwent the treatment March 6, then was released March 29.
Upon returning home, Shane didn't eat or move. On April 2, Shane died in the car as Bluestone was returning to All-Care.
Both Rooks arid Bergstrom unsuccessfully tried to revive Shane, Bluestone said.
Bluestone had $20,000 in vet bills.
He filed his lawsuit in January 2000. . On Monday, Bergstrom took the stand. He told jurors that he did not believe Shane was in a life-threatening condition upon her release. He also denied releasing Shane knowing the pet was going to die.
Bergstrom said he talked to Bluestone at least twice a day to update him on Shane. He also said he would see Bluestone almost daily, at times when the owner was lying in Shane's cage with her.
"We would not change anything about what was done in this case," Rooks said outside of court.
Rooks' discipline by the state veterinary board made headlines last August. Rooks was put on probation and ordered to pay $83,300 in investigative and prosecuting costs.
Anaheim resident William McHenry said he came to show support for Bluestone after hearing about the case.
"I hope Mr. .Bluestone wins," said McHenry, 57. "Not many people can afford towage this court battle. And he's not just doing it for him, but for other people with pets."
