LINCOLN, R.I. (WPRI) — The owner of a St. Bernard puppy who allegedly died after surgical instruments were left inside her body during a routine operation has filed a lawsuit against the veterinarian who performed the procedure. The lawsuit, filed in Rhode Island Superior Court on behalf of Kristen Breton and her two daughters, accuses veterinarian Deborah Hirschmann of leaving hemostats and medical-grade gauze in Princess Freckles' abdomen while spaying her and performing a gastropexy in August 2022 at the Rhode Island Animal Medical Center. Breton told 12 News that Hirschmann wasn't her usual veterinarian, since their practice was under construction at the time. Princess Freckles initially seemed OK after the surgery, Breton said, other than the occasional vomiting. Princess Freckles (Courtesy: Kristen Breton) "It started to dawn on me that maybe she was eating too much grass, because they do that," Breton recalled. "You start to do the logical rule-outs — is it a food sensitivity? Or is there something else going on?" Princess Freckles suffered from gastrointestinal issues for nearly two years before the situation grew dire in May 2024, according to the lawsuit. Breton said her dog began projectile vomiting consistently, which is why she rushed her into Ocean State Veterinary Services. She said that was where veterinarians first spotted the hemostats inside of Princess Freckles' abdomen in an X-ray. "'Did your dog swallow scissors?'" Breton remembered the veterinarian asking. Breton was shocked when she first saw the X-ray. "It's not even possible that there are scissors in my dog's stomach," Breton recalled thinking. "I went through as a parent everything that I could've missed," she continued. "I just thought something wasn't right." The veterinarian told Breton that Princess Freckles would have to undergo a difficult emergency surgery to safely remove the hemostats, which she might not survive due to her deteriorated state. Breton made the difficult decision to humanely euthanize Princess Freckles to prevent her from suffering any further. X-rays of Princess Freckles' abdomen showing the hemostats. "I was not expecting to put her down," Breton said. "Never in my wildest dreams did I think I was coming home without my dog." An Ocean State veterinarian performed a necropsy on Princess Freckles to determine her cause of death, during which the hemostats and gauze were found twisted up in her intestines. The necropsy report, which was included in the lawsuit, states that the dog's bowels became obstructed because her intestines were "wrapped around and adhered down to the hemostats and gauze." "They made the kindest choice for Princess Freckles when they decided to euthanize," the veterinarian wrote in her report. Breton will never forget the conversation she had with the veterinarian after the necropsy. "She told me that they found a surgical instrument, but that's actually not what killed her," Breton said. "It was the gauze that had not deteriorated that created an internal septic response." Breton knew exactly where the surgical instrument came from, since Princess Freckles had only undergone one surgery in her short life. "That was the domino that put the whole story together," Breton said. "I was furious that it was preventable and she suffered the entire time." "This was out of my control," she continued." That was my only peace of mind." The hemostats removed from Princess Freckles' abdomen. The lawsuit accuses Hirschmann of negligence for failing to provide Princess Freckles with "the veterinary standard of care." It also states that Breton and her daughters suffered "mental and emotional distress, anxiety, sadness and other injuries as a result of the tragic loss of their beloved dog." Hirschmann was placed on probation as a result of the discovery, according to a consent order made public by the R.I. Department of Health. She was ordered to undergo professional training throughout her two-year probation period, which began in late December. Hirschmann's attorney, Laurie Christensen, explained in response to the consent order that she has been a veterinarian since 2011, has performed hundreds of surgeries on dogs and "has never experienced this type of surgical error." "Hirschmann was unaware that she inadvertently left a piece of gauze and a pair of hemostats in the abdomen of Princess Freckles," Christensen explained. "It is Hirschmann's practice to inspect the abdominal cavity upon completion of the surgery prior to closing the incision." "Unfortunately, her inspection did not reveal the gauze and hemostats," she continued. "This lamentable outcome is not due to inadequate surgical skills, but an instance of a single very regrettable oversight." Christensen said that, since learning of Princess Freckles' death, Hirschmann has changed her practice to include surgical instrument counts and gauze counts for each procedure "to ensure no recurrence in the future." (Surgical tool and gauze counts are not mandated for veterinarians, Christensen added.) Though Hirschmann "deeply sympathizes" with Breton and her family regarding the loss of Princess Freckles, Christensen requested the investigation into her death be closed. Princess Freckles (Courtesy: Kristen Breton) But Breton argues that it was a traumatic experience for her family that should not be swept under the rug. "It was not only that she was 3 years old and we weren't expecting it," Breton said. "I think it was also that, when [my daughters] learned the details, their response was 'Someone killed our dog.'" "I know that there's going always be room for mistakes and errors in this world, but something about this was so preventable," she continued. Breton's attorney, Marshall Raucci, echoed that sentiment. "We filed this lawsuit to shine a light on the malpractice that happened," Raucci said. "This should have never happened because doctors, especially surgeons, have to adhere to the standard of care." "When you're performing a surgery, you have to do instrument counts," he explained. "If you start with a certain number of instruments, you must end with the same number of instruments. That was not done here. This family suffered a devastating loss because of it." Raucci explained that the law generally regards dogs as personal property, which is why they're seeking compensatory damages for their financial losses. But Brenton believes that should change. "If you ask anybody ... their animals hold a huge place," Breton said. "We have to update the laws to be a little bit more equitable to the value that animals have." "This is not an opportunity financially," she continued, referring to the lawsuit. "I want to help others — I want to be a voice for all animals and support the bigger picture moving forward." Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Daily Roundup SIGN UP NOW