A nine-month-old puppy gets the full candy-conglomerate pet care experience before dying

Complaint: Complaint 21-98
Respondent: Dino Hererra Zaragoza
Premises: BluePearl Peoria
Related: 22-31, 22-32

The complainants had a nine-month-old puppy that wasn't doing well. They called their regular clinic, a Banfield (owned by Mars PetCare) inside the PetSmart in Surprise, AZ; a manager there referred them to the BluePearl (also owned by Mars PetCare) in Peoria. They went there and Herrera examined the dog; they also told him that the dog may have eaten a poisonous plant in the backyard. Herrera allegedly ordered tests performed, gave the dog some fluids, and then sent the dog home with metronidazole and suggestions for a bland chicken and rice diet. The dog got worse the next day, wouldn't move and had problems breathing; they took the dog back and the dog was taken into BluePearl but they had to wait in the car. The tests BluePearl had ran had all come back negative. They were told that the dog had to wait as more critical patients were in the hospital. They eventually heard that another BluePearl veterinarian, Chris Simpson, was about to take a look; Simpson later called and said that when they tried to get the dog out of the cage the dog went into cardiac arrest and died.

The complainants didn't understand why their dog was ignored for five hours and then left to die, so they spoke with Astin Deem, the Practice Manager (she comes up a lot but she's never the target of a complaint as she's not a veterinarian). She said that pets are seen based on what the team thinks is most urgent and that vitals are taken every hour; she also said she had the dog's body put in the refrigerator for a necropsy at Midwestern (she must do this a lot as many veterinarians tend to freeze the body, either intentionally or not knowing better) but that the complainants should shop around. Deem also told them not to get a lawyer because she's their advocate instead. The complainants say that they also called Banfield to tell them never to send anyone to BluePearl ever again (I don't think they know about Mars PetCare); the complainants also allegedly had to fight to get their records sent from BluePearl and the hourly vitals checks appear to be missing. Deem seems to have somewhat ghosted the complainants; the necropsy results in the Findings of Fact say the dog went into cardiopulmonary arrest from acute aspiration pneumonia.

Herrera says the dog was doing pretty good as he came into the clinic. He said the dog was kind of nervous but seemed to be in good shape; he found evidence of diarrhea as well as some gunk on a nostril that the complainant didn't seem to want to discuss. He tells us about some potential differential diagnoses, tests, and recommended treatment for gastrointestinal upset. He says he told them to follow up with another veterinarian in a few days, or sooner if things didn't improve; he also points out he wasn't around when the dog keeled over at BluePearl.

The Investigative Committee found no concerns with Herrera but did have concerns about Simpson as well as Jared Brethouwer, the responsible veterinarian for the premises. They were concerned about hospital procedures, hospital policies, the continuous muzzling of the dog, and inconsistent medical records. The Board subsequently voted to open investigations into both Brethouwer and Simpson.

Oddly enough, Brethouwer was named as a respondent in a previous complaint, 21-60. In that complaint, part of a series, an actual doctor (for humans) complains about BluePearl's and Brethouwer's triage processes. Nobody did anything about it then either.

Motions

Investigative Motion: Dismiss with no violation

Source: August 8, 2021 AM Investigative Committee Meeting
People:
David Stoll Respondent Attorney
Dino Hererra Zaragoza Respondent
Roll Call:
Carolyn Ratajack Aye
Christina Tran Aye
Jarrod Butler Aye
Robert Kritsberg Aye
Steve Seiler Aye
Result: Passed

Board Motion: Dismiss with no violation

Source: September 9, 2021 Board Meeting
People:
David Stoll Respondent Attorney
Proposed By: Darren Wright
Seconded By: Jane Soloman
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Motion: Open investigation into responsible veterinarian

Source: September 9, 2021 Board Meeting
People:
Jared Brethouwer Respondent
Proposed By: Jane Soloman
Seconded By: Jim Loughead
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Aye
Jim Loughead Aye
Nikki Frost Aye
Robyn Jaynes Aye
Sarah Heinrich Absent
Result: Passed

Board Motion: Open investigation into treating veterinarian

Source: September 9, 2021 Board Meeting
People:
Chris Simpson Respondent
Proposed By: Jane Soloman
Seconded By: Jim Loughead
Roll Call:
Darren Wright Aye
J Greg Byrne Absent
Jane Soloman Aye
Jessica Creager Nay
Jim Loughead Aye
Nikki Frost Nay
Robyn Jaynes Aye
Sarah Heinrich Absent
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.