Defence claim that horse was 'doomed' to die refuted as trainer's case against vet continues in High Court

Claims that a horse was “doomed” to die of an infection regardless of the treatment received were disputed on Tuesday during the second day of a high court hearing brought by trainer Peter Crate against a veterinary practice.

Crate, via his company J&J Franks Limited, is suing Shotters & Byers Equine Veterinary Practice for £350,000 claiming negligent treatment following the death of Sand Diego in February 2020.

On the second day of the five-day hearing, vet Piet Ramzan, an expert witness, was cross examined by Patrick Lawrence KC for the defence, during which it was highlighted that the bacteria causing the death of Sand Diego showed multidrug resistance when later cultured in a laboratory.

“He was infected with an unpleasant bacterium and even if he had been administered with antibiotics it would have been ones it was resistant to. It was clear that this horse was doomed,” Lawrence said.

In response, Ramzan said: “There was no pre-determination. One could have expected a full recovery and return to full function. Multidrug resistance is very common. You would expect given the horses I see displaying it that I would have had 30-40 similar endings to Sand Diego if you are right. But in my experience as a vet I have never had one.”

Ramzan also rejected an assertion that Dr Barbara Portal, who attended and treated Sand Diego between February 21, 2020 and when he was admitted to Liphook Equine Hospital on February 25, 2020, was correct to bandage the off-hind of the three-year-old as it swelled from the undiagnosed effects of the bacterial infection cellulitis.

Peter Crate: suing vets for £350,000 following the death of Sand Diego in 2020Credit: Mark Cranham

“I think it was impermissible for a bandage to go on this animal in the manner that it did,” he said. “There was a horse with profound lameness and discomfort and a rapid progress of swelling in the leg. 

“Dr Portal also had access to the blood results and to radiographs by the Saturday morning. With that extra information she had she should have been further convinced she was dealing with an infection and not something else. On first principle, to bandage a site where there is a rapid infection developing is contraindicated. It was entirely inappropriate. 

“A horse is like a human infant in that they cannot comment on the tightness of a bandage so the vet has to take extra care with them. To put a bandage on a rapidly swelling leg for any reason is dangerous.”

The defence accepted on the first day that Portal had been negligent in failing to treat Sand Diego with antibiotics on Saturday morning, and that she had failed to take any clinical observations for heart rate, temperature or respiration despite her insistence she did in her witness statement for the hearing.

A lack of references to observations and their helpfulness in determining an infection in the expert statement produced by David Rendle for the defence was seized upon by Michael Mylonas KC for the claimant, who suggested to Rendle he had deliberately skirted around the issue.

Rendle rejected the claim, and said: “You are trying to assassinate my professional credentials. I am not being deceitful and I have acted with nothing but good faith.”

The hearing continues on Wednesday.

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