Dog Breeders File Class Action Over Lost Canine Semen

A group of seven AKC purebred dog owners in Ohio have filed a class action lawsuit alleging Beechwold Veterinary Hospital and the Canine Semen Bank of Columbus LLC mishandled canine semen specimens, leading to their destruction.

According to the canine semen class action lawsuit, the plaintiffs’ dogs are AKC purebred dogs that compete in various events in Ohio and across the country. The plaintiffs, along with putative Class Members, each obtained canine semen for breeding purposes.

The plaintiffs assert that, in professional dog breeding, natural methods are not as effective for breeding as various types of artificial insemination.

“In many cases, breeding through other techniques using frozen semen (such as surgical in vitro fertilization or transcervical artificial insemination), is the only way to ensure continuation of the breeding line once the dog has passed away, been neutered, or reached an age where motility of the semen is of an insufficient percentage to achieve fertilization,” the canine semen class action lawsuit says.

According to the canine semen class action lawsuit, Beechwold Veterinary Hospital, the Canine Semen Bank of Columbus and two veterinarians claimed to be experts on frozen semen storage and fraudulently induced the plaintiffs and putative Class Members to store canine semen specimens with them.

Among the defendants’ allegedly false representations is the claim that CSB “has been visited and inspected by the AKC,” when the American Kennel Club does not actually conduct inspections or set compliance standards for facilities that collect and store canine semen samples, the plaintiffs say.

The plaintiffs allege that they hired the defendants to collect, freeze and store canine semen at the Canine Semen Bank for future breeding purposes.

To properly preserve canine semen, the specimens must be kept in pellets, vials or straws in liquid nitrogen tanks, the canine semen storage class action lawsuit says. Because liquid nitrogen evaporates over time, controls must be implemented to ensure that the liquid nitrogen levels are monitored and maintained.

“In this case, the damage occurred when Defendants grossly neglected their responsibilities and allowed the liquid nitrogen in the one or more of the storage tanks to evaporate or otherwise dissipate, causing temperatures to rise to unacceptable levels and resulting in the total destruction of Plaintiffs’ and other class members’ canine semen specimens,” the Canine Semen Bank class action lawsuit says.

The plaintiffs claim that the liquid nitrogen tanks were not alarmed and that the defendants failed to implement and follow appropriate protocols for the storage, maintenance and monitoring of the tanks.

The canine semen class action lawsuit asserts claims for breach of contract, negligence, fraudulent inducement, willful and wanton conduct, breach of the implied covenant of good faith and fair dealing, and breach of bailment contract.

The plaintiffs filed the canine semen storage class action on behalf of themselves and a proposed Class that includes: “All clients of Defendants who are citizens of Ohio and had canine semen specimens stored by Defendants in its liquid nitrogen tanks that were damaged or destroyed by a rise in temperature occurring, or discovered, in or around April 2018.”

They are seeking compensatory, statutory and punitive damages, injunctive and declaratory relief, attorneys’ fees and costs, pre- and post-judgment interest, and other relief the court deems appropriate.

The plaintiffs are represented by Jeffrey A. Lipps and Jennifer A. L. Battle of Carpenter Lipps & Leland LLP.

The Canine Semen Storage Class Action Lawsuit is Jennifer Scott, et al. v. Beechwold Veterinary Hospital, et al., Case No. 18CV006973, in the Court of Common Pleas, Franklin County, Ohio.