Another emergency and referral experience leads to missing records, cops, and lawyers: Part I

Complaint: Complaint 18-122
Respondent: Dalton Hindmarsh
Premises: BluePearl Phoenix
Related: 18-123

The complainant says her dog was attacked by another of her dogs so she brought her to BluePearl Phoenix. She states that Usiak-McBeth told her that the dog's injuries were beyond what BluePearl could do and asked if she would pay more to get someone better to come in. The complainant agreed and Mitsui, a boarded surgeon, was called and brought in. She says that her dog came out of the surgery doing well. She also said that Mitsui specifically told her she would not be available the next day as she would be doing surgery somewhere else. Mitsui also allegedly told her that if BluePearl attempted to revise the treatment plan that she should decline their request. She was able to visit her dog for two hours and found that her dog was doing well (she included a photo in the complaint but we don't get to see it). She wanted to visit the dog again that night and was told the dog was doing fine. When she arrived she says that she was told to wait because they were finishing up in back, and while she waited she noticed a man wandering through the building on his phone that later turned out to be Hindmarsh. She was later allowed to see her dog and learned they had changed the treatment plan, including adding a Penrose drain. She also discovered that her dog was crying out in pain, gasping, with dark eyes. The dog later arrested and died. She asked for records and says she ran into significant problems with obtaining them and that significant portions were omitted; she also says that BluePearl staff told her to go to bereavement counseling and that Hindmarsh threatened her with defamation lawsuits and sent the police after her for her online postings.

Hindmarsh's narrative states that he took over the case from Mitsui for overnight care. He states that the dog was improving in hospital and around midnight was brought to a treatment area. He determined that the wound was ready for closure, gave some meds, closed the wound, and installed a Penrose drain. He states the dog remained stable and was transferred to Velazquez the next morning, and shortly after that, the dog went into cardiac arrest and couldn't be revived. Hindmarsh says that he spoke with the complainant and she had several concerns, and he states that this conversation went very poorly. He did not seem to be concerned that he didn't contact the complainant before or after the procedure that night. Hindmarsh states that he received online messages from the complainant and that she threatened him with violence, leading to him filing an injunction. He also states that someone believed to be the complainant's daughter tried to get information about the veterinarians and technicians working there that night. He says that he contacted the Phoenix Police Department multiple times and gives multiple case numbers related to alleged threats, defamatory online postings, and more. When the complainant began posting bad stuff about him on AVECCC's Facebook page, he also notified the Phoenix Police Department, and when reminded AVECC is not in Gilbert, he contacted the Gilbert Police Department instead. He then hired his own lawyer to send cease and desist letters directly to the complainant. He also states that the complainant is wrong about what Mitsui told her.

The Investigative Committee said that there was likely no way this dog was ever going to live anyway so it's really hard to blame the death on anything, especially since no necropsy was performed. They also said that Mitsui was only responsible for the initial surgery and all other care was handled by BluePearl so Hindmarsh could do whatever he wanted. They did say that they wish Hindmarsh had called the complainant first though.

Motions

Investigative Motion: Dismiss with no violation

Source: October 10, 2018 AM Investigative Committee Meeting
People:
Dalton Hindmarsh Respondent
David Stoll Respondent Attorney
Roll Call:
Carolyn Ratajack Aye
Christina Tran Aye
Mary Williams Aye
Robert Kritsberg Aye
Ryan Ainsworth Aye
Result: Passed

Board Motion: Dismiss with no violation

Source: November 11, 2018 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Darren Wright
Seconded By: Christina Bertch-Mumaw
Roll Call:
Christina Bertch-Mumaw Aye
Darren Wright Aye
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Absent
Sarah Heinrich Recused
Result: Passed

The primary source for the above summary was obtained as a public record from the Arizona State Veterinary Medical Examining Board. You are welcome to review the original records and board meeting minutes by clicking the relevant links. While we endeavor to provide an accurate summary of the complaint, response, investigative reports and board actions, we encourage you to review the primary sources and come to your own conclusions. In some cases we have also been able to reach out to individuals with knowledge of specific complaints, and where possible that information will be included here.