The Board ignores a finding of gross negligence that potentially involves one of their own investigators

Complaint: Complaint 21-22
Respondent: Danielle Simons
Premises: Desert Ark Veterinary Hospital

The complainant's dog had increased coughing along with an existing heart murmur so she brought her dog to Simons for an annual checkup. She says that Simons told her the heart had gotten worse but the kidneys were 75% gone, kidney stones were in the bladder, and she also thought the dog had Cushing's. Simons allegedly prioritized the kidney stones but ran bloodwork and x-rays. A follow-up visit with Jennifer Foy, a mobile ultrasonographer, recommended surgery to remove the stones and also thought the dog had Cushing's. The complainant says she was worried given the dog's heart and kidney issues but she was told the bladder stones could move and prevent the dog from urinating. She was told the surgery went well but within two days the dog was throwing up a lot and not eating much; she tried taking the dog to an emergency hospital but waited for four hours without ever being seen. Her dog continued to vomit every 40 minutes up until she got the got the dog back to Simons. Simons allegedly told her the dog had herniated as a result of thin skin from Cushing's; she also allegedly said that she would "be on the phone with a surgeon the whole time so the repair works." The dog came out of surgery but was still sick as a dog. The dog was later found to be in kidney failure by Emmanouilidis (who the complainant speaks highly of) and euthanized. The complainant says that she's worried Simons wasn't qualified and just used her dog as something to practice on.

Simons gives us a day-by-day narrative of the events from her perspective. She says that that the dog had serious heart problems and recommended treatment. She also said the liver was enlarged, bladder stones were found, and the kidneys had calcification. She was also worried about Cushing's. Other testing also found elevated SDMA and azotemia and urine with low specific gravity. She allegedly told the complainant to either take the dog to Vetmed or have a mobile ultrasound (Foy) done at the premises. She relates that Foy and Griggs found a large liver, large adrenals, and stones not causing a blockage; Foy was worried the stones could lead to a blockage and would not respond to dietary changes. She then tells us the subsequent surgery went well and a report of blood in the urine was to be expected. On the follow-up visit she said that she found a hernia but could not determine if the hernia was caused by vomiting or vomiting had caused the hernia. She called Brian Sidaway, a boarded surgeon (more on him below). She went ahead and did the hernia repair surgery. While we don't know if she was truly on the phone with him the whole time (as the complainant said) she does indicate she sent him photos at the start of the surgery to get his approval before cutting. She then relates that the dog did well from the surgery, wouldn't eat, and was euthanized by another veterinarian two days later. She denies that she used the dog as something to practice on.

The Investigative Committee's discussion is kind of hilarious given that one of their own is in the splatter zone on all this. They had a mixed opinion as to whether the first surgery should have been done on such a sick dog. They had concerns about the second surgery, particularly a lack of further investigation given the health of the dog; they also pointed out that no imaging was done prior to the surgery to determine if nonsurgical options were viable. Some Committee members apparently had concerns about the whole premises. They found a violation on grounds of gross negligence. The board disagreed and sent a Letter of Concern to Simons instead.

Fun fact: Brian Sidaway, the surgeon that Simons consulted with regarding patching the dog back up, bears special mention. He's was the first dean at Midwestern University's veterinary school, ran his own specialty mobile surgical service, and also worked on one of the board's Investigative Committees at the time this complaint was filed. His LinkedIn profile also states he became CEO of Desert Ark Veterinary in March 2022, though based on this his involvement with the clinic must have gone back for quite a while before in some capacity. So we have a situation where an investigator on one Investigative Committee was on the phone with a veterinarian doing a surgery that the investigators on the other Investigative Committee think was rather questionable.

Motions

Investigative Motion: Find violation

Source: February 2, 2021 AM Investigative Committee Meeting
People:
Danielle Simons Respondent
Roll Call:
Carolyn Ratajack Aye
Christina Tran Aye
Jarrod Butler Absent
Robert Kritsberg Aye
Steve Seiler Aye
Violations:
ARS ยง 32-2232 (1 1) Gross negligence; treatment of a patient or practice of veterinary medicine resulting in injury, unnecessary suffering or death that was caused by carelessness, negligence or the disregard of established principles or practices. Respondent had concerns prior to the surgery that were not followed up; blood work was not considered prior to the second surgery despite the dog vomiting for the previous 12 -14 hours, and having a history of renal disease.
Result: Passed

Board Motion: Schedule informal interview

Source: March 3, 2021 Board Meeting
Proposed By: Robyn Jaynes
Seconded By: J Greg Byrne
Roll Call:
Darren Wright Absent
J Greg Byrne Aye
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Motion: Find violation

Source: April 4, 2021 Board Meeting
People:
Danielle Simons Respondent
Proposed By: Robyn Jaynes
Seconded By: Jessica Creager
Roll Call:
Darren Wright Absent
J Greg Byrne Nay
Jane Soloman Aye
Jessica Creager Nay
Jim Loughead Nay
Nikki Frost Nay
Robyn Jaynes Aye
Sarah Heinrich Aye
Violations:
ARS 32-2232 (12) Failure to provide current professional and scientific knowledge
Result: Failed

Board Motion: Dismiss with no violation and issue letter of concern

Source: April 4, 2021 Board Meeting
People:
Danielle Simons Respondent
Proposed By: Jim Loughead
Seconded By: J Greg Byrne
Roll Call:
Darren Wright Absent
J Greg Byrne Aye
Jane Soloman Nay
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Nay
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.