Dog's Death Sparks $50K Malpractice Suit Against Downers Grove Vet Clinic

DOWNERS GROVE, IL — A woman has filed a $50,000 malpractice lawsuit against Arboretum View Animal Hospital in Downers Grove alleging that they gave her false information and improperly treated her dog. Karen Miles of Cook County first took her dog to Arboretum View on Feb. 17, 2015. Less than two weeks later, Wilson was euthanized because his condition had worsened during treatment for immune mediated hemolytic anemia (IMHA). Wilson was 5 years old.

The complaint states that the dog "was in good health with no chronic conditions" before Jan. 15, when it was brought to Arboretum View Animal Hospital for care.

On Jan. 12, 2015, Miles took Wilson to his regular vet, Dr. John Fleming, after she found a small lump on his abdomen. Dr. Fleming determined Wilson needed his spleen removed and performed surgery to do so three days later. He then removed the surgical staples two weeks later and noted that the incision had healed well, according to the complaint filed with DuPage County 18th Circuit Court.

Around Feb. 2, Miles noticed that Wilson had been behaving out of character, according to the lawsuit. He was whining frequently and did not want to eat or play. Dr. Fleming performed blood tests on Wilson that showed the dog was anemic, the suit claims.

Since Dr. Fleming is not board certified in internal medicine, he recommended that Miles take Wilson to a vet that was specifically certified in internal medicine, according to the complaint. Board certification in internal medicine requires an additional license "above the license required to be a veterinarian in Illinois," the complaint states.

In her complaint, Miles said she then made an appointment at Arboretum View Animal Hospital after viewing the animal hospitals website and seeing that Drs. Christiane Otoni and Joao Felipe De Brito Galvao were listed as board certified in internal medicine. Otoni and De Brito Galvao are also named in the lawsuit.

The complaint states that Miles called the animal hospital to verify that Otoni was board certified and double-checked with the doctor when she got to Wilson's appointment. Otoni allegedly "said that she was in fact board certified in internal medicine," the complaint states.

According to a post by the American College of Veterinary Medicine, Otoni became certified in internal medicine in 2016.

De Brito Galvao briefly examined, but did not treat Wilson, the complaint says. He allegedly told Miles to see Otoni for future appointments.

Otoni diagnosed Wilson with suspected and recommended a regimen of prescription drugs and blood transfusions. During this treatment, Wilson's health continued to deteriorate and Miles took him to her regular vet, Dr. Fleming, to be euthanized on March 5, 2015.

The complaint says that during the time in question, Otoni only held a veterinary license and was not certified in internal medicine. The complaint also alleges that Otoni and De Brito Galvao failed to keep written records of Wilson's treatment and failed to properly diagnose him and "create a proper treatment plan."

According to the complaint, Wilson's decline in health and subsequent death are directly related to these allegations and constitute a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.

Arboretum View Animal Hospital was also sued in 2014 by a Woodridge man who alleged his dog, Bella, died after she had been misdiagnosed and was forced to wait for a necessary surgery.

Miles's case has been continued three times since it was filed in February 2017 and is set to be heard on Oct. 25.

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