No Damages for Dog Death, North Carolina Court Rules

The North Carolina Court of Appeals has waded into a legal tussle over the wrongful death of a Jack Russell terrier.

Nancy and Herb Shera sued North Carolina State University’s College of Veterinary Medicine in 2009, seeking more than $28,000 in damages after their dog, Laci, died following a botched tube feeding.

The appeals court unanimously upheld an earlier ruling by the N.C. Industrial Commission, which decides compensation claims involving state agencies. The state commissioner had awarded the Sheras $2,755 for vet bills plus $350, the estimated cost for a new dog of the same breed.

Nancy Shera said she was insulted by the $350 valuation of her pet. “She brought so much joy to our lives,” Nancy Shera said. “She was a part of our family. You cannot replace Laci.”

When Herb Shera had a bout of angina that left him unable to call for help, Laci ran to get Nancy, who called 911, she recalled.

In 2003, Laci was diagnosed with liver cancer. The Sheras took Laci to N.C. State for oncology treatment that resulted in her cancer going into remission. But in March 2007, the Sheras took Laci back to the vet school with pancreatitis and organ disease. A staff member accidently inserted a tube into the dog’s trachea, pumping food into her lungs rather than her stomach, according to court findings.

Nancy Shera said Laci struggled for hours before she died. She still alternates between tears and anger when talking about what happened.

“Laci was a fighter,” Shera said. “She beat cancer. But they slowly drowned her.”

The couple sought the help of Calley Gerber, a Raleigh attorney who focuses on cases involving animals. Their 2009 lawsuit against N.C. State sought damages for “the intrinsic value of the unique human-animal bond,” as well as reimbursement for veterinary services, mileage, hotel lodging, cremation expenses and “noneconomic damages, including emotional distress and loss of enjoyment of life.”

In court, the university was defended by the office of Attorney General Roy Cooper, with support from veterinarians and pet product manufacturers, as well as the American Kennel Club and the Cat Fanciers’ Association.

The three-judge appeals court cited numerous legal precedents, including a case where a child died as a result of medical malpractice.

“North Carolina law has not yet recognized a lost investment valuation method in wrongful death cases, whether human child or pet animal,” said the opinion, which was written by Judge J. Douglas McCullough.

The Sheras, who are considering an appeal, said they have spent more in legal fees than the $28,000 they originally sought in damages. “I want justice for Laci,” Nancy Shera said. “It’s not about the money.”