A LEGAL action in which a veterinary practice was alleged to have caused the deaths of two horses by providing an unsuitable antibiotic for them has been settled before being heard at the High Court.
The owners of the horses, Eugene and Conor Morgan, Slaney Lodge, Crossabeg, Castlebridge, Co Wexford, had sued Daniel Gubbins and Brian O'Shea, practising as Gubbins O'Shea Veterinary Centre, Distillery Road, Wexford, for negligence and damages arising out of the death of two mares five years ago.
It was claimed the vets provided a drug to treat the sick mares which was only meant for cattle, sheep and pigs.
The vets denied the claims and also pleaded contributory negligence by the Morgans in allegedly failing to exercise reasonable care in the upkeep of the mares and failing to obtain treatment in a timely manner.
The case was due to be heard in the High Court yesterday before Mr Justice Daniel O'Keefe but he was told, following discussions between the parties yesterday morning, that it had been settled.
In their statement of claim, the Morgans said they engaged Gubbins and O'Shea to treat the mares, who were showing nasal discharges.
They claimed the vets gave the horses a course of treatment and, following this, the Morgans claimed they requested a course of antibiotics to administer themselves.
They said they were supplied with Alphapen Strep, a drug which was to be given in 20ml doses once a day by intra-muscular injection.
After this drug was given, one of the horses bolted out of her box and knocked against fencing and other obstacles before falling down and dying a short time later, it was claimed.
It was decided to stop this treatment for the second horse, whose condition, however, progressively deteriorated. She died on January 12th, 2003, it was claimed.
The Morgans also claimed the vets caused the death of each horse by reason of negligence and breach of duty of care in the treatment, supervision, management and diagnosis of the mares.
They claimed the Alphapen drug prescribed was authorised by the Medicines Board where the "target species" were only cattle, sheep and pigs.
It was also claimed that, in prescribing this drug, the vets had failed to consider the known tendency in horses to develop sensitisation to Alphapen.
They had also failed to issue instructions or advice in connection with the administration of the drug so that the Morgans could assess and appreciate the significance of early adverse reactions, it was claimed.
In their defence, Mr Gubbins and Mr O'Shea denied they had instructed that Alphapen be administered to one of the mares and denied causing the deaths of the horses.
They also denied there was any breach of contract or duty of care.
Arguing contributory negligence, the vets said the Morgans failed to exercise any or reasonable care in the upkeep of the mares and failed to seek veterinary treatment in a timely manner.
It was also alleged the Morgans failed to follow instructions given by the vets
Such instructions included failing to administer the drug as directed and failing to monitor the reaction of the animals to the drug.