Now, her lawsuit over the demise of the 4.5-pound teacup Yorkie, attacked by a Labrador mix puppy seeks to prove that animals are far more than property. Falen LaPonzina filed a lawsuit in D.C. Superior Court last week against Wagtime Too, which operates doggy day care and boarding facilities in Washington. She alleges that the business was negligent in allowing her dog, Dax, to be kept alongside another canine four times its weight. She is seeking $150,000 in damages. But LaPonzina said she wants more than money. She wants the courts to recognize the role pets play in the lives of their owners. She said the 12-year-old Dax, with a giant underbite, was a friendly and loyal companion who had been a constant through her transient twenties and thirties. “I had no idea when I dropped my dog off there I would never see him again,” LaPonzina said. “Yorkies live to be 18 to 20 years old. He had many good years left.” Wagtime Too has denied that the business was negligent in its care of the dog. Lisa Schreiber, a co-owner, said the dog’s death was a “freak accident.” She said that an employee had been watching all the dogs and that by the time he saw the lab mix attacking Dax, it was too late. LaPonzina said she traveled to Alaska in July, dropping off Dax at Wagtime Too, which advertises itself as a cage-free facility. There are two locations in the District, where owners can board their pets for $55 a night. LaPonzina, a 36-year-old lawyer, and Dax had been regulars at the company’s facilities, first in Shaw and later in Navy Yard, since 2010. LaPonzina said she did not check her phone during her week-long cruise. But when she got off the ship in Canada, she found missed calls and messages from Wagtime Too indicating there had been an emergency. Dax was dead. An 18-pound Labrador mix puppy had picked up the teacup Yorkie with its mouth, and moments later the miniature dog was no longer breathing, Schreiber said in an interview. The Labrador, a rescue, was screened before it came to Wagtime and never displayed aggressive behavior, she said. After the incident, the dog was evaluated by a canine-behavior specialist who also found no signs of violence in the rescue dog. The Labrador has since been adopted by a woman with no children and no other dogs. “This is not anything that anyone who works for me could have prevented,” Schreiber said. “I do want people to understand this is a cage-free facility, and there are inherent risks here. We are not negligent here, but it is horrible that it happened.” Bruce Wagman, a partner at Schiff Hardin in San Francisco who specializes in animal law, said that a six-figure settlement awarded to LaPonzina would be an unprecedented amount in the death of an animal. That seems an unlikely outcome, however, Wagman said. If someone intentionally kills a pet, it occasionally might yield a significant penalty. But for LaPonzina to receive a sizable settlement, Wagman said, she would have to prove that Wagtime was not just negligent but had intentionally killed Dax. When owners do receive significant cash settlements for the death of a pet, such as when a police officer kills a dog during a home raid, Wagman said, it is typically because the officer violated the civil rights of the homeowners, not because their pet is dead. “Every state, in every court everywhere, animals are considered property,” Wagman said. “That said, there is no question that courts are more and more appreciating that animals are not like computers. They are not vases, and they’re not books.” This is not the first time Wagtime has faced complaints about its care of animals or how it operates its facilities. In 2015, a dog walker dropped the leash of a 9-month-old puppy being boarded overnight, and the dog was struck by a car. Its owner sued, but the case was settled out of court. Wagtime ran into trouble in 2003 for moving into a now-closed location near Logan Circle without a certificate of occupancy. It also squabbled with neighbors over noise and cleanliness complaints. LaPonzina’s lawsuit also accuses Wagtime Too of not having the correct license to operate its Navy Yard location. Dog-care facilities operate under a D.C. basic business license, and the District’s Department of Consumer and Regulatory Affairs said the Navy Yard location has not been issued one. On Nov. 3 the owners applied for a certificate of occupancy, which is not the same as a business license. Schreiber said that she has been in touch with city agencies and that the absence of a license is the result of a paperwork error. Matt Orlins, a spokesman for the DCRA, said there is no evidence of a clerical error. Wagtime see hundreds of dogs a day, and until Dax, none had ever died in its facilities, Schreiber said. Last week she sent a letter to customers informing them of the July death of Dax and ensuring them that their canines are safe in Wagtime’s care. “This incident was not in any way caused by negligence,” the notice stated. LaPonzina said she will be going beyond the courts and pushing for regulatory reform in the D.C. government to tighten operating standards for dog-boarding facilities. “Dax was just so adorable, you couldn’t ever be mad at him — you couldn’t not love him,” LaPonzina said. “This dog has been through it all with me.”
March is Poison Awareness Month. In this series, Dr. Kupkee discusses some of the most common causes of toxicity in pets, and what you can do to prevent them. Almost every day our clinic receives a call from a concerned pet parent asking which over-the-counter medications they can give to their pets. The short answer is, not many. Sadly, many pet owners assume that if a medication is safe for humans, especially children, then it must be safe for animals. Our pets’ bodies are different. They do not metabolize substances in the same way that we do. Let’s take a look at some of the most common culprits of medication toxicity. Tylenol The “pain reliever hospitals trust most” is perhaps the number one reason our pets are rushed to the emergency clinic. The active ingredient in Tylenol, acetaminophen, has been linked to liver failure in both dogs and cats. Cats are especially susceptible to acetaminophen poisoning as even a single, child-sized dose can be fatal. Many people assume that if it is safe for babies, it is safe for pets. Nothing could be further from the truth. Ibuprofen and Naproxen These common over-the-counter pain medicines can cause bleeding ulcers and irreversible kidney damage. If you suspect your pet is in pain, call your veterinarian for a veterinary approved alternative. Aspirin Back in the old days, veterinarians would prescribe baby aspirin or buffered aspirin for pets. We now know that this seemingly benign drug can cause ulcers, internal bleeding, liver damage, and kidney damage. Adderall Commonly used to treat ADHD in children, Adderall contains stimulants that cause hyperactivity, high fevers, elevated heart rates, tremors and seizures in our pets. It also contains a binder that many users report as having a sweet, citrus-like taste. It is entirely possible that this is why pets find it irresistible. Make sure children who are taking these medications understand that they can never be given to pets. Sleep Aids Medications such as Ambien and Clonazapam can lead to extreme agitation and elevated heart rates in pets. Because these pills are often kept on bedside tables, they are easy for pets to find and ingest. Anti-depressants and anti-anxiety medications While certain medications can be used for pets in very small doses, most drugs of this type can cause anxiety, tremors, excessive vocalization and seizures. Do not ask “Dr.Google” for advice on dosing your pets, and do not attempt to medicate them for anxiety without a veterinarian’s supervision. Decongestants - The Devil in the “D”-tails Certain antihistamines, such as Benadryl and Claritin are perfectly safe for pets. However, certain varieties of these drugs contain decongestants such as pseudoephedrine, that can lead to dangerous heart palpitations. Be sure to check with your veterinarian regarding antihistamine doses and never, ever use a product containing decongestants. Helpful hint: an antihistamine that ends with “-D” probably contains a decongestant. A good rule of thumb when shopping for these drugs is “D stands for Don’t”. Never give Psuedophed intentionally, and keep those pretty red tablets out of Fluffy’s reach. Cough and Cold Medicines There are times when it is appropriate to treat a coughing pet with over-the-counter cough medicine intended for children. That being said, most of these drugs contain acetaminophen and/or pseudoephedrine. If your veterinarian recommends one of these products, have him/her write down exactly what you should purchase, including which active ingredients should be included. If you must ask the pharmacist to get it for you, chances are you are getting the wrong product, as defined by one containing pseudoephedrine. Stop, call your vet, and get clarification before buying anything. Remember, pharmacists are not trained in veterinary medicine, and it is not their job to be familiar with off-label, veterinary uses of human products. If you find yourself getting conflicting opinions, go with your vet’s. Your pets are our patients and our responsibility. Anti-depressants and anti-anxiety medications While certain medications can be used for pets in very small doses, most drugs of this type can cause anxiety, tremors, excessive vocalization and seizures. Do not ask “Dr.Google” for advice on dosing your pets, and do not attempt to medicate them for anxiety without a veterinarian’s supervision. Marijuana While medicinal uses are being studied by veterinary researchers, marijuana remains one of the leading causes of drug-related toxicity. Pets who ingest marijuana usually do so in large doses, causing lethargy, respiratory depression, dangerously low heart rates, low blood pressure, coma, and seizures. They are often guilty of raiding the “special brownies”, and suffer from the toxic effects of chocolate as well. If you think your pet has gotten into your stash, the most important thing you can do is to be honest with your veterinarian. Several years ago, I treated a teacup Yorkie who presented several times in the course of a week with dilated pupils, shallow breathing, and neurological symptoms. We tested her for hypoglycemia, liver problems, distemper, as well as a host of rare conditions that would have put Dr. House to shame. Every test came back normal. It wasn’t until I recommended a $3000 MRI with a veterinary neurologist that the teenage son sheepishly admitted to “doping” the dog in an attempt to stop her from barking. Your veterinarian is not there to judge you. Our job is to help your pet, and we cannot do that without knowing the facts. Be honest, and don’t attempt any “herbal remedies” at home.
