Monday, July 4, 2011
Wilmington couple continues legal fight to determine how much a pet's life is worth
Herb and Nancy Shera’s beloved Jack Russell Terrier, Laci, would have been 17 today.
Instead the retired Wilmington couple is still grieving and fighting for a change in state law after an N.C. State veterinarian misplaced a feeding tube, placing it in Laci’s lungs instead of her stomach, causing her death.
- Photo courtesy of the Sheras
- The Sheras commissioned this portrait of Laci, the Jack Russell Terrier who was irreplaceable to them.
“We all basically felt like their decision would be a ‘no shocker,’ but one can always hope that the right thing will be done,” the Sheras wrote in an e-mail. “We are on to the Appeals Court and pray to win.”
As the INDY has previously reported the Sheras purchased Laci in 1994 at five weeks old for $100. She was diagnosed with liver cancer in 2003, and underwent successful treatment to remove the disease. The Sheras traveled between their Wilmington home and the N.C. State Veterinary Teaching Hospital in Raleigh for follow-up exams. She fell ill in 2007 and was moved to intensive care. Laci was 12 years and 9 months old when the feeding tube mistake killed her. The average Jack Russell Terrier lives to 15.
Under North Carolina law, pets are treated as personal property, and owners are due only the cost of a new pet. Intrinsic value is not considered. The Sheras contend that they are owed $28,243, the amount spent on Laci's care since 2003.
The three-member commission found that N.C. State was negligent, but Commissioner Linda Cheatham wrote in the opinion, “the courts have not recognized intrinsic value as the proper measure for damages for loss of an animal, the Full Commission declines to expand the intrinsic value category of damages by applying it to the instant case.”
In the initial ruling, Deputy Commissioner George T. Glenn II, who heard the case in Durham, awarded only the cost of the final veterinary bill.
Attorney Calley Gerber, who represents the Sheras, plans to file the case with the Court of Appeals later today.
“The Commission talked about expanding intrinsic value to apply to companion animals, but in other cases when you read about intrinsic value you just apply it or you don’t,” she said. “We feel we’ve met the criteria of intrinsic value to apply. It’s not a matter of expanding the law, it’s applying the law that already exists.”
She added that she hopes this is an issue that the N.C. General Assembly will address in the future.
Comments (9)
Showing 1-9 of 9
NC State Vet School sees many "companion animals" ( family members). They take the thousands of dollars paid to them by devoted owners. It appears to me that our family members DO have "intrinsic value."
Also, the over 100 year archaic law in this state, must be changed NOW.
Trained, qualified, properly assigned and supervised and competent personnel could have avoided this MOST horrific tragedy.
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When did it become okay to treat a family member, 2 or 4 legged, like a lamp? I seem to remember that the current trend in thinking is that people who torture animals MAY go on to become serial killers. Torture or neglect in a hospital of ANY kind is horrible to the one being harmed AND those who are expecting their loved one to be cared for. That the laws to protect them continue to define an animal as property dates to a time when we were ignorant to the fact that animals have feelings and CARE deeply for their caregivers. Change the law and call it "LACI's Law" so that all creatures, great and small, can live with dignity. Laci is loved and missed, and the Shera's hearts hurt each day. They want to see that no one else has to suffer as they and Laci have. To change the law will be JUSTICE FOR LACI and all of our other than human family members. It's the right thing to do NOW, not later when another family has needlessly suffered, and another beautiful loving heart is lost.
....interesting, how can NC State University NOT be penalized for outright negligence?? Because of a medical error, the LIFE of a family member was taken. Shera's put their trust in NC State School of Vet, and should be accountable......As a Health care provider, I am responsible for my professional care rendered, why aren't these veterinarians??I would be sued for millions with a mistake of this magnitude. New Laws are necessary to protect pets and their owners. Justice for the Shera's for Laci's sake!!
I agree with you Mitzi. The Shera's are to be sooooo admired.
Laci's case must carry on for all Pets. A NEW LAW is needed NOW!!!!
Plus.... I agree with Calley Gerber ... PAY what is needed for the
Intrinsic Value. The Shera's deserve that and more as far as I can
see it. Where has the respect gone for a family that has endured so
terribly much in the Loss of their priceless precious Laci.
I have followed this case for quite some time and I feel the Sheras have been treated very poorly. I bet if the vets had come to them personally and apologized for their terrible mistake in the first place and shown some compassion this lawsuit might never have happened the it did. No one wants to feel dismissed or ignored. That only makes a person angrier. To tell them that their dog was worth no more than a TV set or some other piece of "property" is insulting! Laci had been a member of the family for many years. I admire the Shera for what they are doing. This may help other pet owners in the future avoid such second rate care. I say, "Carry on, keep going". Laci may save some other lives.
The Industrial Commission is a group of APPOINTED State employees. I guess it is too much to expect one State employee to properly judge other State employees. Doing the math, it appears that the pet's family was offered less than 10% of their total expenses. Would it be appropriate for us to pay less than 10% of our taxes?
You have to ask the question though.
Did this "Person" who put the tube in wrong appologize face to face to the Shera's. I don't think anything was said about that in any statements made.
If the answer is NO ... how could this take so many years to do so.
One has to feel so sorry for the Shera's Loss. Losing their sweet Laci and
and enduring so much after her death as well.
I pray that Justice is served!!!
K-dog: exactly where in the article do you read anything about anyone at NC State have a callous disregard for the life of a pet? I know hundreds of veterinarians and NONE of them would have taken this unfortunate accident lightly. I don't know, but I can imagine that the person responsible has recurring nightmares about what happened.
I have a close personal friend who is a veterinarian. He told me that a botched procedure such as this is what might occur in a small practice. For what would equate to a malpractice lawsuit for a human being to have happened at a facility of the stature of NC State University, is a crying shame. There has to be a level of accountability for those that care for our precious companions. It is abhorrent to see such a callous disregard for the life of a pet who was obviously loved so dearly, that two people would devote so much time, effort and expense as they would have for a child. There should be justice for Laci and these people.
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