
Without knowing the details, don't know - afraid I didn't pick up on the post. I think that what the courts don't realise, and don't have any sympathy for, is the fact that a dog is a living thing - a genetic pudding, if you like, where the cook normally does the best possible to get it right (puppy farmers excepted).
A good many of these conditions are polygenic in their inheritance, that is to say, a predisposition to the condition is probably carried on more than one chromosome or on more than one locus. An unfortunate combination of these loci can result in all sorts of unforeseen problems, hip dysplasia and luxating patellas being just a few.
However careful a breeder may be, occasionally the genes will recombine to give problems which may have lain hidden for generations. There is no crime, except in law, of a truly responsible breeder producing a defect on the very odd occasion - the crime, as Malcolm Willis says, is in not disclosing it , so that future generations are working in the dark.
In answer to your question, then, I would say that if
a. You can put up with the stress of court procedure and can prove that the breeders had been
genuinely negligent with their testing for genetic problems, I suppose you may consider it, but you may make life unpleasant for yourself as well as the breeders in the process!
b. Personally, I would never do it to claim money back on the original purchase price of the dog, and would have kicked myself for not being insured for any vet's fees!!
Good job my sons' wives haven't yet needed to claim against me for defects in my sons!!!! :-) (They may have considered it, tho!!!!)
Jo and the Casblaidd Flatcoats