I am writing to find out what legal rights or recourse I have against the following two breeders:
Kim Avant of: Avanti Pomeranians & Laura Baxley of: 3 C Kennels The following is a summary of the events leading up to the situation we find ourselves in today.
The puppies I purchased were not up to date with their immunizations and had tape worms
I bought two male pomapoo pups from pupyfind. Chubs (now named Dash) who Kim Avant from South Carolina had listed and Gizmo who Laura Baxley from South Carolina. Laura Baxley bred her female poodle with one of Kim's male Pomeranians.
Dash was given to Kim from Laura about a week before I purchase the two pups. I was assured by Kim that both dogs were checked by her veterinarian, up to date with there shots, and had no leg problems which small dogs are known to have. I also asked about heart problems and was assured neither breeder's dogs had any heart problems.
During one conversation with Kim, she mentioned a problem with one of her female pups keeping her head up so it couldn't be sold. Where Laura has three small children Kim figured the pup may have been hurt by a child. This should have sent me running! Also, Kim was really insistent for me to take the pups to my vet the day after I received them for shots. I didn't think much of this; I thought she was being a caring breeder.
Since Kim was a friend of Laura, Kim had me pay her all the $800 for the two pups. Kim had the pups vet checked on 11/4/08 and shipped them via Continental Airlines on 11/7/08. My husband, Roland, and I drove to Providence, RI airport and picked them up. When we took them out of there crate to check them inside the airport they looked like two happy puppies. We put them back in their crate and on the walk to our car we let them out to do their business. That is when we noticed that Gizmo rubbed his butt after urinating. Back in the crate they went and into the car. When we got home we let them out to poop. We then saw that both pups had tape worms on their poop. The fir around their butt was also loaded with dried worms. I was furious and couldn't understand why this wasn't discovered by the breeder prior to shipping. I took pictures to send to Kim. This is when the "never again" started.
I checked all the paperwork that was sent with the pups and the only evidence of a veterinarian check was right before they were shipped. The dog health charts that were sent with the puppies had stickers for there first puppy shots but no dates indicating when the shots were given. If the pups were given there shots at 8 weeks, one of the stickers expired 9/4/08 so the pups were given expired medicine.
I called our Veterinarian on 11/8/08 to get an appointment to treat the puppies for tapeworms and receive their next immunization. Our Vet. Couldn't immunize the puppies immediately but said we could get a treatment for the tape worms which we did at a cost of $30. I made an appointment for 11/19/08 for immunizations because there was no reliable date on the paperwork we received we believed the pups were apparently behind on their shots. This was also considered when I received them.
Neither breeder takes responsibility
I contacted Kim again and asked her for $30 for the pills and shots required to update the pups. Because Kim didn't raise them and only had her pup for a week she said it was Laura Baxley's obligation to pay. So, I called Laura. Laura said because I actually bought the pups from Kim, Laura said this was not her responsibility. Frustrated by their unwillingness to act responsibly, I was left with no other choice but to write to the Better Business Bureau.
Breeder reneges on BBB settlement
In response to my BBB action, Kim agreed to refund all fees and take the pups back. So, the BBB closed the case. However, when I contacted Kim again she refused to pay anything! For us to travel to South Carolina from Massachusetts and sue for $30 was not a reasonable option. It wasn't the $30, it was the point that I was not told the truth and neither breeder, Laura nor Kim, was taking responsibilities for their improper care of the puppies.
One puppy develops hip problem
In March, Dash started to limp on his right hindquarters. I brought Dash to our vet at the end of March and Dr. Caldwell believed it maybe a muscle pull. I was to treat him with a hot compress and baby aspirin. After a couple weeks Dash started to limp on the left side. Since both pups were due to get neutered on 5/8/09 so I asked our Vet. To re-diagnosed Dash's hip problem at that time. After examination, Dr. Caldwell believed Dash had Perthes Disease but did not have X-ray facilities to confirm his diagnosis. On 5/15/09 I took Dash to another Vet, Dr. Gould, for X-rays and another opinion and he said one side looked deformed and the other looked like perthes disease. Dr. Gould prescribed Metacam and said I should see a specialist. This visit was $155. I called the specialist and it will cost another $115 to examine and give an estimate for corrective surgery (which could cost $2,000 to $3,000 or more). I emailed both breeders on 8/14/07 and got no response.
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