Sunday, April 20, 2008

Princess Tiffany Machado - Victim of Wrongful Death at Hands of Vet

Beloved Companion Shetland Sheepdog, Princess Tiffany Machado. Died of a wrongful death on March 23, 2008(Easter Sunday). Other people are encouraged to come forward if they have had a similar experience with said vet.

A Victim of a fatal allergic reaction to Hydromorphone drug injection, administered by a veterinarian without owners knowledge or consent. This tragedy took place at an Animal Hospital in Yonkers. For story details call 646-577-5600 owner needs your help machadotif@aol.com

I was so heartbroken when I saw her post on Craigslist that I felt the need to get the word out about vet malpractice. I found the following article and hope it helps others too. It is too long to post here but keyword in Dogpile.com is: TOASTY's VETERINARY MALPRACTICE GUIDE. An Informative Guide. Please contact Marcia too, she is in a lot of pain over Princess Tiffany.

Wednesday, April 16, 2008

Seniors Adopting Senior Cats: KittyKind No Stranger to Breach of Contract

There is a General Business Law that protects Seniors from intentional misrepresentation - I'll post it on my website: http//mysite.verizon.net/vzeyfg4f/kittycatfosterpitfalls

If KittyKind promises medical care and follow up after adopting Senior or Special Needs cats from them BE SURE TO GET IT ALL ON PAPER AND SIGNED TOO.

I fostered a cat that needed meds etc. actually received an email promising me vet care for the cat and 3 mos later the vet received a letter saying they would no longer pay for his vet care. The cat has one kidney and a compromised bladder.

Seniors are on fixed incomes and Senior animals have special needs that must be addressed too. Old animals need care of Teeth and Blood testing on a regular (annual) basis. The blood test is a CBC and can cost $65, dental work can be much more expensive. Kidneys are usually starting to fail at this time. KittyKind has an income of 1/4 of a million dollars or more and can accommodate these issues.

Who is Liable if a Cat Misrepresented as Shy is Feral and Attacks You

This information is a Community Service. If you need the article, and trust me, you do, print out a copy and email copies to your friends, ask them to email their friends. If you adopt a cat listed as Shy and it is actually Feral, you may be in a dangerous situation if you are not a rescuer yourself. Both cats require a different approach. Anyone who traps knows that a Feral cat may attack you if you insist on "being a friend" and don't protect yourself. A feral will do you the favor or hissing at you, hiding and trying to keep you at a distance but when it runs out of patience that cat will attack your legs, face, arms and bite right through your clothing. For more information on Ferals visit a site that discusses trapping and you'll get an idea of what they can do when pushed to their limit. A shy cat may initially hide but will eventually accept the comfort of being indoors and of your company. The whole process of becoming a member of your family will be totally different. It is important that people adopting what they expect to be a companion animal be aware of current health problems that will prevent them from enjoying their newly adopted pet until it is properly examined by a vet, medicated and long term health problems are discovered.

Is This a Healthy Animal A Few Tips

KittyKind will say it's just a cold, but if you are looking at a cat or kitten and it's **sneezing,** it's time to check the nose. Is there mucous on the nose? This cat/kitten has an upper respiratory infection. A vet will recommend an antibiotic depending on what type of bacteria is causing the infection. KittyKind will insist on giving antibiotics without a vet exam for practically everything - that is not the way to "treat" a cat.

Look at the **gums** too. If they are pale it means the cat is not getting enough oxygen or is anemic. If the gums are blue - this cat needs a vet ASAP because it is really low on oxygen and may have heart or other complications.

Look at the **ears**. Are they dirty? Does the cat shake its head alot? See if the swabbed ear comes up with gritty, black stuff that looks like coffee grinds. That is ear mites. It is treated for 2 weeks with one product and for 30 days with mineral oil.

Does the cat have **diahhrea**? It is not always due to change in diet. Diahhrea can be caused by parasites and must be diagnosed by a veterinarian. Diahhrea that smells extremely awful can be attributed to Coccidia a parasite that can kill a kitten within days. Another extremely awful smelling diahhrea is caused by Giardia. The cat loses weight and has projectile diahhrea everytime it eats. Cats with Diahhrea usually are also somewhat **dehydrated** because of the fluids they keep losing with the diahhrea. The vet may want to give the cat subcutaneous fluids. KittyKind recommends raw meat diets or tells you to give the cat rice. While you're doing this the cat is just getting worse.

Look at the **eyes** and see if they are clear without mucous. Look at the **teeth** to see what condition they're in. A cat with dirty teeth that are not cleaned by a vet can develope mouth infections that cannot be cured but need regular care for the rest of its life.

Be sure the cat has been checked for **fleas**. VERY important, and finally be sure to receive paperwork showing dates of deworming and vaccination. Be sure to get all medical files on your newly adopted pet. Be aware that some of the above conditions can be easily treated by a vet. However, if you adopt a cat and think it is healthy the vet visit never happens and the cat only suffers in silence until it's health becomes seriously compromised.

KittyKind also doesn't seem to know what Ringworm is when adopting out cats. If you are adopting a cat and it has lots of round, rough looking bald spots around the ears, eyes, neck and paws. Stop a minute. This could be due to a liver/kidney problem or it could be Ringworm. Ringworm can be treated. It is actually a fungus that attacks the cats hair and can spread over a good portion of the cats body. It is contagious to other cats and people can get it too. While at KittyKind I saw many cats adopted out with this condition and many people who came in after catching it from the cats. It can be treated with Athlete's Food Cream or a lotion called Fungisan. I recently used an ointment of goldenseal and myrrh and the results were FAST. A vet can give the cat a pill and a skin ointment to help get rid of the problem. Ringworm is itchy and looks like hives on a person. Always wash your hands after handling a kitten or cat with RingWorm.

***Always*** Get Medical Records to take home with you of newly adopted animals. Some adopters expect you to take the animal to the vet after adopting what you expect to be a healthy animal

KittyKind Affidavit

In an Affidavit of September 28, 2007, Hilary Harris, being duly sworn, deposes and says:

This affidavit submitted pursuant to the Court’s Order of August 2007

1. I was not employed by, nor did I sit on the board of BeingKind, Inc.

FACT: In 1999 The Board of Directors included not only Marlene Kess and Barbara Polonka but Hilary Harris as well.

2. In August 2000, KittyKind was incorporated. Its then Board of Directors Marlene Kess, PresidentHilary Harris, TreasurerBarbara Polonka, Secretary

FACT: When KittyKind was incorporated Hilary Harris was the TreasurerHow can she claim that as the Treasurer of this Organization she had no knowledge of its financial activities?
3. Current Board of Directors of KittyKind:
H. Harris, President – Title?
Cathy Christel, Secretary – Now President?
Kathleen Goward, Treasurer – No longer Treasurer
Emily Abrahamson
Teresa Kubiak – Now Treasurer
Miriam Hibel
Lynelle Cardone – No longer on the Board?

FACT: This Board has also changed since 2007 See KittyKind Newsletter and their 990s

4. KittyKind has never received a loan in the amount of $20,000 from Plaintiff.

FACT: Initially KittyKind, insisted that the $20,000 was a loan from Plaintiff to Marlene Kess.

5. KittyKind has no medical records for Princess Pumpkin, Tiger, Simone, Annie, Monsie before Plaintiff fostered them

6. KittyKind has no intake forms for Princess Pumpkin, Tiger, Simone, Annie, Monsie before Plaintiff fostered them

FACT: These are the only cats that KittyKind has acknowledged as KittyKind fosters yet there is absolutely NO paperwork on them?! Just as there is no paperwork for the 94 other cats I fostered from 2000 - 2007
7. The only person who has received a donation write off letter from KittyKind is Plaintiff.


FACT: I have copies of other write off letters in the amounts of $10,994.74 for 2001 and $27,423.16 for 1999. There are yet more write off letters that are out of sight and so out of reports.
8. The only person (foster home), other than Plaintiff, to receive any reimbursement for expenses in caring for KittyKind cats, since 1999 is Elfie Berkovitch


FACT: Again, there are others receiving money for housecleaning and food and litter not only on the Board but “inner Circle” people who wish to remain anonymous. Some of these people are at the Petco store on the weekends.
9. Jane Hoffman is not employed by KittyKind, nor does she provide volunteer services for KittyKind


FACT: Jane Hoffman President of the Mayor’s Alliance for NY Animals, volunteers (or has on at least 2 occasions that I personally know of) sat in on KittyKind meetings as a facilitator. She advises KittyKind on issues such as what information to share with other members (see mediation notes) and was on her way to one of the hearings on behalf of KittyKind. Because she was stuck in traffic she did not arrive in time to participate in the hearing.

COURT TIMELINE 2007

I finally filed a lawsuit against KittyKind for Failure to Return Money and Failure to pay for Services Rendered.

April 16: Hearing 1:
Postponement for me to gather copious Discovery for KittyKind's Attorney (7 years worth). My receipts weren't enough even though they were complete. They also wanted to see my personal vet files which were no problem since they were always in their own folder.
On or About April 23, I delivered all Discovery requested to KittyKind's Attorney's office4)

June 8 Incoming Phone call from KittyKind's attorney
makes settlement offer of $5,000

June 19 Hearing #2
Judge Wright informed KittyKind that Mediation is not binding
KittyKind and myself were sent into Mediation by court KittyKind's attorney brought up June 8 Settlement offer stating that it was now off the table
KittyKind claimed that all or most of the cats were not KittyKind cats
Stipulation signed by both parties agreeing to finish Discovery requests by 7/7/07
KittyKind agreed to give me all Discovery by 6/28/07
KittyKind claimed to have a contract signed by me and was ordered to bring it to next Hearing

August 8 Hearing 3
Judge asked to see alleged signed contract. KittyKind gave email taken out of context from Mediation with Jane Hoffman

This was the second Judge to inform KittyKind that Mediation is not binding
Judge asked if there was a limit to costs of medical care provided per catKittyKind said no
Judge asked me if I made agreement and now wanted more moneyI replied "No"

KittyKind admitted that there is no signed contractI showed Judge KittyKind's
Response to Discovery (Long document saying why this was irrelevant . . . )

Judge advised me to file Motion to Compel so that I could get the information I asked for
KittyKind said that Jane Hoffman would make an appearance in court within 20 minutes and asked if he could wait for her.

Judge asked if I wanted to go to trial at that time. I said yes, however did not have my receipts with me. A new hearing date was set.

At this hearing, Jane Hoffman, who is listed on a signed affidavit by KittyKind, as neither a volunteer or employed by KittyKind was on her way to participate in the Hearing. She was stuck in traffic and was unable to make it to court in time.

August 29 Motion to Compel Hearing
Judge Hagler changed trial date from Sept 18 to Oct 15 to give KittyKind time to send me Discovery materials and affidavits ordered by Judge within 30 days.
KittyKind stated that their defense has always been that Plaintiff was never authorized to take KK cats to her vet and again claimed that not all cats were KK cats

Oct 5 Deposition of Hilary Harris (Deposition also sent to Marlene Kess) KittyKind responded for both parties with Rejection of Deposition and no one showed up for Deposition. This happened twice.

Oct 15 Trial Date: Judge Wright attempted Mediation and set new trial date at Dec 7 leaving time to Subpoena Ms. Kess and attempt another deposition.

Oct 17 Judge Signed Order To Compel Deposition on Nov. 711)
Nov 2: I Received Affirmation from KK Attorneys Claiming that Ms Kess is not a party to this suit and that I was trying to stall

FACT: Any stalling has been due to KittyKind's claims of having a signed contract when in fact it did not exist

To KittyKind's lack of response to timely Discovery that was constantly compelled by the Court despite my cooperation in gathering copious Discovery requests by KittyKind. On or about April 23 I delivered all Discovery requested to KittyKind's attorney office Per Stipulation by Court KittyKind agreed to finish Discovery requests by 7/7/07 and to give me all Discovery by 6/28/07 as of August 8 KittyKind did not cooperate and Judge advised me to file a Motion to Compel At Motion to Compel on August 29, Judge Hagler changed trial date from Sept 18 to Oct 15 in order to give KittyKind 30 days to send Discovery materials and affidavits ordered by the Court12)

Nov 7 Hearing to Compel Deposition Case dismissed due to lack of documents by both parties.

Judge advised KittyKind's attorney that Rejection of Deposition is not part of our Justice System and that they could not make up the rules as they went along. He also advised them that in this particular case he believed that this organization had taken advantage of a softhearted person in the amount of $25,000.

KittyKind's Attorney tried in vain to convince him that KittyKind is a "wonderful, caring organization" but the Judge didn't budge in his decision about KittyKind's unethical behavior.

Mediation With KittyKind

After many letters and phone calls to KittyKind to try to resolve my lack of reimbursement for 2004 monies, I finally arranged a mediation with the Mayor's Alliance. A totally objective Court Mediator would have been the correct thing to do - I realize that in retrospect.

Summary of Meeting with Jane Hoffman of the Mayor's Alliance for NYC Animals and Hilary Harris of KittyKind on July 25, 2006

I provided Jane Hoffman and Hilary Harris with a copy of topics that I wanted to cover at the meeting and an itemized list of money which I spent in 2004 – 2006 on KittyKind cats

Remaining KK cats

*Monsi –Very Shy
· Sapphire- sick, died of FIP before trial reached its end
· Princess Pumpkin – adopted out 4 times and returned
· Simone – Feral, adopted out as shy and returned
· Tiger – Special Needs Cat: One Kidney and compromised bladder

Marlene
· Why is your caller ID listed as Marlene Kess. Is she still part of KK
· Marlene currently owes me $3,000 (personal loan)
· Fostering with no follow up
· My apartment as a free sanctuary
· My attempt to return all cats in 2004 – accused of being hateful

Hilary Agreements. (Verbal prior to meeting)
· To pay Spoiled Brats $300 monthly food
· Current bill at AMC
· Info for VERG emergency vet care
· Reimbursement for current bills to my vet

Clarify knowledge of past foster care and medical activities

Clear up phone controversy, I was accused of not talking to Hilary at times and of not leaving messages

Month of June
· No food, litter, special diet, medical emergencies, medication
· Clarify accusations made that "Josie has been abandoning cats at the store"
· Barbara getting regular reimbursements despite not having receipts for her house cleaning.
· Dawn gets regular adoption fees & cages
· Mary gets regular adoption fees & cages
· How have you been reimbursing rescuers who got MK cats out of NJ Humane Society
· How does Gabriel get reimbursed for Meds she buys for KittyKind?

Some of these topics were merely clarified by telling Hilary and she either did not say anything or said she understood but did not elaborate.

The majority of the meeting was presided over by Jane Hoffman while Hilary toke notes or kept insisting that

1. She had never authorized me to take Tiger to the AMC
2. She was available for calls and that I had never called her
3. She had never agreed to reimburse me for current bills to my vet (she had verbally agreed to do so just prior to the meeting)

Jane Hoffman offered to let me bring a kitten/cat that Dawn Borst had left in my foster care to VERG as a one time service for testing and treatment of parasites. I accepted the offer since as a KittyKind Representative Dawn turned her over to me in a sickly state.
When I presented my bills I was asked what portion I wanted reimbursed. I originally stated that 1/3 of the entire amount for 2004-2006 would settle things. Jane Hoffman said that bills for 2004 were out of the question. I told her that 2004 was the year that I had paid the highest amount for care of KittyKind cats.

Note: That was also the main reason why we were in mediation. this was supposed to be promised reimbursement for 2004.

She told Hilary to agree to pay the AMC bill and to pay $400 a month in Catfood and Litter to a total of $5,200 dollars. Hilary Harris continued to say that KittyKind "just did not have the money". Hilary said they could not pay me by check because I did not have a checking account. I told her I could open an account. She restated that KittyKind "just did not have the money".
There was some discussion about gossip and how the original information was twisted and how the gossip got started to begin with.

At one point Jane Hoffman said that what was discussed at the meeting was to stay between the three of us. Hilary Harris said that she had to tell Kathleen Goward and Cathy Cristel. Jane Hoffman asked why and Hilary Harris stated that they would want to know about the arrangement for the monthly food and litter delivery to me. Ms. Hoffman asked "Who pays the bills?" Ms. Harris said "I do", when asked "who handles the checkbook" Ms. Harris said "I do". Ms. Hoffman said "well, they really don't need to know".

I left the meeting somewhat confused as to why Jane Hoffman said (without consulting with Hilary) that the bills for 2004 were out of the question. Further correspondence after the meeting regarding my dissatisfaction over the decision not to reimburse me for 2004 were responded to by Jane Hoffman.

At this meeting I was made aware of who put up the money for Marlene Kess' bail, $14,000. No, I was quickly informed, there was no conflict of interest - it was a personal loan.
Also, I didn't know that Board Members could be replaced by someone not on KittyKind's Board. How does this work? Did I misunderstand or mis-hear?

We Know Nothing About That

With ongoing promises of reimbursement for care of fostered cats KittyKind swindled a 9/11 Victim into paying for veterinary bills for over a year and now deny their verbal promises. The prior Director, Marlene Kess, was convicted for animal abuse in 2005 and now denies promising reimbursement. The new Director, Hilary Harris, who was on the Board of Directors and a very close friend of Ms. Kess, insists she knew nothing of the agreement and that the vet visits were unauthorized anyway.

An offer to our victim to keep one special needs cat in exchange for payment of veterinary bills was also breached when KittyKind apparently felt the bills were more than they wanted to pay. I have the email and will post it at some point where Hillary Harris says, ". . . if you will keep Tiger I will pay for his vet care . . . " and the letter sent to my vet - NOT to me a few months later saying "we will no longer pay for Tiger's vet bills". KK claims that people who foster either "have the money" for vet bills or "want to do it" to help the cats. This woman did not have the money and fostered in order to help the cats, this conned woman lives on a small disability income and needed her reimbursed money to live on. Does the end justify the means by which KK claims to fulfill their mission statement?

Our 911 victim is out over $35,000 to an organization that has been netting a 6 figure income per their 990s since its incorporation in 2000. Their lowest revenue was listed as $118,914 in 2003, they are currently well over $200,000 depending on whether you believe their newsletters, their websites or their reported income to the IRS.

KK claims to be struggling to pay for veterinary care, cat food, litter and medications, yet they are a Participating Organization of the Mayor's Alliance of NYC. KK is a recipient of the prestigious Maddie's grant to animal agencies, KK also receives Easter CASH from Petco, CASH from Barc's annual Shubert Alley, CASH from a daily donation jar at Petco, CASH from adoptions, CASH from intake fees at Petco, an anual grant from the Petco Foundation, other grant monies that are not disclosed to the public, free litter from Petco, free dry food from Science Diet, 50% discount on Science Diet canned food, 50% discount from Petco for food, Christmas donations as well as ongoing donations at their post office box. KittyKind has a patron who provides them with medications throught the year. KittyKind is secretive about their actual monetary income, food donations and donations in general.

Our 911 victim meanwhile used her Worker's Compensation money, Red Cross Benefit money, unemployment funds and disability money to feed KittyKind cats and take them for veterinary care because she believed that KK would honor her receipts at the end of 2004. Imagine her shock when she investigated KK's actual background and found out the truth.

There are other KK victims that have not been heard from yet. KK never filled out Foster forms since the cats were being turned over hand over fist to this soft hearted woman. KK's attorney claims that these policies and procedures are being corrected; there is some kind of admission in that statement. This foster victim was informed that in lieu of returning the remaining 5 cats to KK she could legally adopt them at KK's current adoption rate of $125 per cat. The Judge at the trial was exasperated at this point and allowed the foster victim to keep the cats. Probably what KK wanted anyway. This and their inability to convince the Judge that KK is an honest and caring organization was the only justice received by Ms. Marrero. KittyKind does not have a shelter, they turn your home into a sanctuary and then walk away.
I created forms for protection of foster persons they can be printed out from any of the following websites.

See my websites for more information: http://mysite.verizon.net/vzeyfg4f/kittyfostering / http://mysite.verizon.net/vzeyfg4f/kittycatfosterpitfalls/ Http://ahscares.org/showarchive.asp?id=129
http://mysite.verizon.net/vzeyfg4f/kittykindstepbystep

Please be aware:
This group needs to be investigated by the Attorney General's Office and the IRS. Add your voice to mine.