Celeste, did you have such a contract with them at all?
I personally do not think you have a legal leg to stand on, but sure hope I could be wrong.
If you looked at ten breeders and only five of them did the particular testing required to ensure there were no heart abnormalities - and could prove it by showing you the current test result certificates - then you should only consider purchasing from those five who do. Not the others. Taking a breeders word for it is like...well, Russian Roulette really IMO. MDV is prolific, but many breeders aren't taking it seriously.
Secondly, the autopsy has shown your previous puppy's death had a 'high likelihood' of being from congenital defects. Unfortunately, that is not a certainty, and one that cannot actually be proven in a court of law to my understanding.
One would hope this breeder took your puppy's death on board and is now testing all their stock, but I probably wouldn't hold my breath. Sigh.
Last edited by Devil's Advocate; 05-12-2010 at 11:25 AM.