A future veterinary board investigator gets real-world practice with the investigative process

Complaint: Complaint 18-124
Respondent: Justin McCormick
Premises: Copper Ridge Equine

The complainant says that McCormick was negligent because the procedure in question was done at the veterinarian's residence and not at a hospital as they were told. She also says that there was no signed or documented authorization for anesthesia. She goes on to state that it was a low risk procedure with the horse standing. Attachments are mentioned but not provided in the public records request so we have little to go on here.

McCormick gives a background on the medical facts, indicating that the horse had been experiencing lameness and was apparently presenting for a neurectomy. He states that the procedure was initially attempted in a standing position but the horse wouldn't cooperate even with sedation, so the horse was anesthesized and rolled on his side. After the procedure the horse got up and thrashed around, hitting his head on the ground and dying. McCormick states that he provided an acceptable standard of care and that AVMA PLIT (the liability insurance the AVMA sells) found no fault on his part. He also states that the owners consented to doing the operation in a non-hospital setting to save money, contrary to the complainant's claims. He also claims a relative of the complainant actually provided verbal authorization regarding anesthesia and cites Arizona Revised Statues and the Arizona Administrative Code to show that as horses are livestock no signature was required.

The Investigative Committee found that this was a sad, freak occurrence. They also said that the complainant's story didn't match up with other accounts or McCormick's own records.

Justin McCormick, the respondent, later becomes an investigator for the veterinary board.

Given that the attachments key to the complaint were not provided by the veterinary board and the respondent ended up appointed by them to the Investigative Committee, we reached out to the family in this case. We were able to speak with one of the complainant's relatives and learned more context about the complaint.

The horse required a neurectomy, allegedly portrayed as being a low-risk procedure that would be done while the horse was standing. The interviewee also alleged that the procedure was supposed to be done in an actual equine hospital setting, and the horse was left at a barn and residence based on an explanation that the horse would be transported to a hospital by someone else. It appears that the procedure was actually done at that location despite those assurances.

The interviewee also alleged that more information later came to light after meeting someone familiar with that day's events in the closely-knit equine world. According to the account, the horse responded poorly to the sedation. Rather than aborting the procedure, McCormick elected to continue, necessitating the horse be placed on his side for the remainder of the procedure. Without safeguards in place to deal with the potential for the horse to thrash when recovering from the drugs, his fate was effectively sealed.

Concerns about Justin McCormick's potential for alleged misrepresentation and outright fraud seems to be echoed in a complaint against his wife and co-practitioner Christine McCormick in 21-12.

The interviewee also related that during the hearing, the complainant was so upset by the Board's poor handling of the complaint that she was removed from the meeting by security.

Motions

Investigative Motion: Dismiss with no violation

Source: October 10, 2018 PM Investigative Committee Meeting
People:
David Stoll Respondent Attorney
Justin McCormick Respondent
Roll Call:
Adam Almaraz Aye
Amrit Rai Aye
Christine Butkiewicz Aye
Donald Noah Aye
William Hamilton Aye
Result: Passed

Board Motion: Dismiss with no violation

Source: November 11, 2018 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: J Greg Byrne
Seconded By: Jessica Creager
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 Aye
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.