John Shepperd (Partner-Houston) obtained a dismissal by the Texas State Board of Veterinary Medical Examiners in a veterinary malpractice claim against Wilson Elser's client, a Doctor of Veterinary Medicine. The plaintiff alleges his French bulldog died less than an hour after surgery and that during the unsuccessful resuscitation, aspirated fluids were found in the dog's mouth. An autopsy confirmed the cause of death was secondary to aspiration.
The matter advanced to an Informal Settlement Conference (ISC), where the panel of Board examiners noted our client is responsible for the negligence of any technician or staff member working under her. In this case, the concern was that a brachycephalic dog was allowed to undergo surgery despite being fed that same morning, a decision frowned upon by the Board as brachycephalic breeds are highly susceptible to death due to secondary airway complications. While the feeding was grounds to find against Wilson Elser's client, she successfully circumvented the issue by citing literature indicating four hours is recognized as a reasonable amount of time between feeding and surgery. In so doing, however, our client simultaneously espoused her belief that the Board's position is the right one. Her nuanced response resonated with the panel and led to the dismissal of the complaint.
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