California to Honor Either Suspension or Stay of KY Baffert Ruling

As had been anticipated, the California Horse Racing Board (CHRB) will honor the 90-day suspension meted down to trainer Bob Baffert by the Kentucky Horse Racing Commission (KHRC) if the trainer's legal efforts to block the suspension aren't successful in the interim, confirmed a CHRB spokesperson Saturday morning.

Likewise, the CHRB will reciprocate any stay on the KHRC's ruling “if granted by a court,” the spokesperson confirmed in an email.

Earlier this month, the KHRC handed Baffert a 90-day suspension and a $7,500 fine after Medina Spirit (Protonico) tested positive for an elevated amount of betamethasone, a Class C anti-inflammatory corticosteroid, after last year's GI Kentucky Derby.

If enforced, the suspension will run March 8 through June 5.

On Friday, the KHRC denied Baffert's request for a stay on the suspension. In the immediate aftermath of that decision, Baffert's legal team stated that they would seek legal intervention in court.

“Denial of the stay is consistent with arbitrary and capricious manner in which the stewards have ignored the facts and law in this manner,” said Baffert attorney, Clark Brewster. “Fortunately, we will soon procedurally eclipse the biased actors and have the ear of adjudicators that adhere to the rule of law instead of man.”

The basis of the CHRB's actions is rule 1484, pertaining to “Evidence of Unfitness for License.”

The rule 1484 states: “If any applicant for a license or any licensee is under suspension, set down, ruled off, excluded from the inclosure, or otherwise barred from any racing occupation or activity requiring a license, it is prima facie evidence that he or she is unfit to be granted a license or unfit to hold a license or participate in racing in this State as a licensee during the term of any suspension or exclusion from racing imposed by any competent racing jurisdiction.”

When it comes to what will happen to the horses in Baffert's care for the duration of the 90-day suspension, the KHRC ruling states that, “Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards.”

The TDN emailed and texted Marc Guilfoil, the executive director of the KHRC, for clarification on who the Kentucky stewards deem acceptable, and whether that includes Baffert's assistants, but hasn't yet received a response.

The relevant rules in Kentucky appear unclear on the specifics of the horse transfer process in this particular scenario.

The TDN also asked the CHRB for clarification on what would happen to the horses in Baffert's care in California if the stay is denied in court. “We are currently working through the legal analysis with respect to whether reciprocation requires enforcement of the terms of suspension under California rules or Kentucky rules,” the CHRB spokesperson wrote, in response.

The CHRB's spokesperson did, however, highlight language in the CHRB's rules guiding disciplinary actions in cases where licenses are revoked through medication violations.

The CHRB prohibits a trainer whose license is revoked because of a medication violation from being able to benefit financially through the period of their suspension.

“This includes, but is not limited to, ensuring that horses are not transferred to licensed family members or to any other licensee who has been an employee of the licensee whose license is revoked within the previous year,” the rules state.

Furthermore, trainers suspended 60 days or more are banned from all CHRB premises, for example, and must forfeit their stalls and remove from their barn areas all “signage, colors, advertisements, training-related equipment, tack, office equipment, and any other property.”

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CHRB Completes Medina Spirit Postmortem Review

Edited Press Release

Pursuant to California Horse Racing Board (CHRB) Rule 1846.6, a Postmortem Examination Review (PER) was completed on the sudden death of Medina Spirit. This process takes place for every fatality occurring at a CHRB regulated facility and is performed by a team consisting of an Official Veterinarian, a safety steward, and a member of the Board of Stewards–in this case, Dr. Alina Vale, David Neusch (safety steward), and Kim Sawyer (steward).

In all cases, the PER panel strives to learn the circumstances surrounding the fatality, which involves reviewing the necropsy report, medical records, and training records in an effort to identify any at-risk factors in preparation for interviews with the trainers, attending veterinarians, and any other licensees deemed appropriate. A more detailed description is provided in Rule 1846.6.

Based on the forensic examination and the postmortem review on Medina Spirit, the CHRB did not identify any potential CHRB violations that require further investigation.

Click here to view the complete Postmortem Examination Review.

 

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Medina Spirit Necropsy: Cause of Death “Undetermined”

The cause of GI Kentucky Derby winner Medina Spirit's (Protonico) sudden death on Dec. 6 at Santa Anita remains undetermined, according to the findings of a necropsy on the horse.

In a news release issued in tandem with the necropsy report Friday, the California Horse Racing Board (CHRB) stated that a “definitive cause of death was not established despite extensive testing.”

As per the CHRB news release, while omeprazole—an anti-ulcer medication—and the ubiquitous diuretic Lasix were detected in blood and urine samples, these findings were consistent with the medication report filed with CHRB by the attending veterinarian.

“No other drugs, heavy metals (including cobalt), or toxicants were detected,” wrote the CHRB.

The necropsy report itself summarises the findings of the study, which experts say are indicative of sudden cardiac events in racehorses.

“The most remarkable gross and microscopic changes were pulmonary congestion and edema, with milder hemorrhage. There were also congestion and small hemorrhages in multiple organs. No significant evidence of prior episodes of pulmonary hemorrhage other than a single and mild focus of hemosiderosis was observed,” the necropsy report states.

According to the report, “detailed microscopic examination” of the heart revealed minimal changes in the myocardium, the muscular layer of the heart.

“Although the significance of this finding remains undetermined, it is likely incidental because of the limited extension and severity, and also because similar changes have been seen before in horses dying of non-cardiac related causes (e.g. euthanasia). In addition, mild remodeling (thickening of the adventitia) of the intra-pulmonary veins was observed. This is also likely an incidental finding,” the report states.

Extensive toxicologic testing using “multiple samples” obtained at necropsy proved “unrewarding,” the report states.

“Considered altogether, the results of the post-mortem examination, histopathology, and ancillary testing, are supportive of a sudden cardiorespiratory arrest as it may occur with acute cardiac failure. A defect in the cardiac conduction system should be considered as a possible cause of cardiac failure,” the report states.

Unrelated to the sudden death, the pathologists discovered degenerative joint disease in Medina Spirit's four fetlocks and both elbow joints. These sorts of issues are typical in racehorses.

The necropsy was performed at the California Animal Health and Food Safety (CAHFS) San Bernardino laboratory, by a team who form part of the diagnostic laboratory system of the University of California-Davis (UC Davis) School of Veterinary Medicine.

In its news release, the CHRB outlined the mechanics of the necropsy, which included the collection and examination of tissue samples from the heart, lungs, liver, spleen, kidney, stomach, intestines, muscle, brain, spinal cord, testicles, and other glands. Additionally:

–       Liver tissue was tested for various substances including heavy metals like cobalt, anticoagulants, pesticides, environmental contaminants, and drugs.

–       A blood sample was sent to Cornell University to be tested for thyroxine.

–       Blood, urine, and aqueous humor samples were screened for “hundreds” of legal and illegal drugs and substances, including erythropoietin (EPO), clenbuterol, and betamethasone.

–       Heart tissue samples were sent to the University of Minnesota and to the UC Davis Veterinary Genetics Laboratory as part of ongoing collaborative research program with the CHRB investigating possible genetic causes of sudden death in racehorses.

–       The finalized report—including necropsy photographs and microscopic sections—were sent to experts at the University of Kentucky and the University of Guelph, Ontario, Canada, for independent review.

In his response in the necropsy report, Grant Maxie of the University of Guelph, explains how cases of sudden unexpected death in racehorses are “frustrating to deal with, and frequently remain unresolved, as in this case.”

Without the monitoring of cardiac rhythms, Maxie writes, “cardiac electrical activity remains unknown.”

Maxie adds that “minor lesions of myocarditis (“very rare mononuclear infiltrates” in this case) or fibrosis (as in the Swale syndrome) may be the source of electrical instability

and dysrhythmia, but such comments are speculative in postmortem cases.”

Marked acute pulmonary congestion and edema in this case is “consistent with acute heart failure,” he writes.

During a media Q&A Friday morning after the release of the report, representatives of UC Davis explained how the necropsy performed on Medina Spirit mirrored those performed on other racehorses who have died in California, except for one difference: US Davis sent the report for peer review.

The drug testing results, however, were not peer reviewed, said CAHFS director, Ashley Hill.

“We tried to find somebody to look at the drug test but we weren't able to,” said Hill, who explained that the university they approached raised liability concerns.

“We weren't able to get the contract turned around in a timely manner, and we thought it was more important to get the results out,” Hill said.

CHRB executive director Scott Chaney also explained that the samples the agency had taken—a separate process to the necropsy study—had yielded no drug positives.

The Bob Baffert-trained Medina Spirit collapsed and died after a scheduled workout on Dec. 6 at Santa Anita.

Medina Spirit's death triggered a wave of international headlines, not only because the horse faces possible disqualification from the Derby after a post-race sample tested positive for betamethasone, but also because seven Baffert trained horses infamously died suddenly during training or racing between 2011 and 2013.

A subsequent CHRB report found that those horses had been uniformly administered thyroxine-a thyroid hormone used to treat hypothyroid conditions-and that use of thyroxine is “concerning in horses with suspected cardiac failure.”

During the Q&A, UC Davis's Francisco Uzal explained that while the blood sample sent to Cornell University showed thyroxine levels below the limit of detection, he was unable to confirm if that result was “significant” as such blood samples are typically collected from live animals.

“If this was blood from a live horse, you could speculate that this horse was producing very little thyroid hormone. But because it came from a dead horse, we don't know how to interpret that,” Uzal said.

As highlighted in this TDN article from 2018, a host of unknowns typically surround instances of sudden death in racehorses—a term that comprises many different causes, not simply issues related to the heart.

Sudden death includes massive bleeding in the lungs or abdomen, fractures of the skull or neck, and hemorrhaging from a pelvic fracture-all these injuries can prove swiftly fatal in a manner that, outwardly, resembles a cardiac issue.

Even when post-mortems are performed, when it comes to sudden cardiac death, oftentimes there are no lesions, ruptured arteries or damaged heart tissue that pathologists can point to with authority and say this or that caused the heart to stop.

What's more, sudden deaths happen extremely rarely.

In a 10-year period between 2007 and 2017 in California, 8.2% of all training and racing related fatalities were sudden deaths. So, what are the possible causes of so-called equine heart attacks? Answers aren't always easy to come by.

This comprehensive 2011 international review study points out that pathologists were only able to make a definite diagnosis in 53% of cases, a presumptive diagnosis in 25% cases, with 22% of cases left unexplained.

Indeed, rupture of the aorta-the largest artery in the body-is “anecdotally thought to be a common cause of exercise-related sudden death in horses,” but that it occurs in only 1% of cases, the study found.

There are other possible causes. Unlike human heart attacks due to clogged arteries, the sheer size of the equine heart makes them susceptible to electrical irregularities, like arrhythmias—an irregular heartbeat—and heart murmurs, the presence of irregular heartbeat sounds.

Experts point to a possible connection between the use of substances like clenbuterol, calcium, magnesium and cobalt—those that can alter equine cardiac muscle—and sudden cardiac death. But that connection hasn't been made definitively.

What's more, there have been efforts to try to identify a possible connection between certain genes in horses and a higher susceptibility towards cardiac problems. But again, this is a sphere of research with a lot more leg-work needed.

The investigation into Medina Spirit's death isn't over, however.

A review of the necropsy report will now be performed by official veterinarian Alina Vale, a CHRB safety steward and a member of the Board of Stewards. The CHRB will eventually publish this separate report.

“Any potential rule violations uncovered in this process will be investigated by the CHRB and would result in a complaint and possible disciplinary action.  This process takes place for every fatality occurring at a CHRB regulated facility,” according to the CHRB.

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Blea’s License Suspension Upheld; CHRB Equine Medical Director Remains On Leave

Judge Nana Chin has upheld the veterinary license suspension of California Horse Racing Board (CHRB) equine medical director Jeff Blea, reports the Los Angeles Times. The news follows last Friday's formal hearing of the California Veterinary Medical Board's petition for his interim suspension, and Blea remains on leave from his position with the CHRB.

Blea is facing eight causes for discipline, according to formal “accusation” documents issued in late December. Blea's veterinary license was suspended at an emergency meeting held on Christmas Eve. He has not been operating his racetrack practice since taking the job of equine medical director last summer.

Blea was placed on administrative leave in mid-January. Drs. Heather Knych and Ashley Hill have been named acting equine medical directors and will perform the statutory functions of the Equine Medical Director.

“The UC Davis School of Veterinary Medicine is aware the interim order of suspension of Dr. Jeff Blea's veterinary license has been upheld and is monitoring the situation as the legal process moves forward,” Amy Quinton, a UC Davis spokesperson, told the LA TImes. “At this time, Dr. Blea remains on administrative leave. The School of Veterinary Medicine continues to fulfill its duties to provide equine medical director services for the CHRB.”

Blea has also been removed from his role overseeing the investigation into the death of Bob Baffert-trained Medina Spirit, who dropped dead after completing a workout at Santa Anita. The equine medical director is not responsible for actually performing necropsies or testing biological samples on horses who die in racing or training in California or elsewhere. Those responsibilities go to veterinary pathologists and toxicologists — in California, those duties are contracted to UC-Davis, though some samples have been shipped outside California in this particular case. The equine medical director would be responsible for gathering reports and interpreting them for presentation to the board and to the public.

No date has been set for a hearing into the eight charges, but the LA Times suggests that normal circumstances could see the CHRB without an equine medical director for up to a year.

The CHRB remains steadfast in it's support of Blea, releasing the following statement after it's Jan. 20 meeting.

“The commissioners of the California Horse Racing Board (CHRB) unanimously agreed in closed session Jan. 20 on their support and confidence in Dr. Jeff Blea to continue in his role as the CHRB's Equine Medical Director (EMD) as he deals with the accusation filed against him by the California Veterinary Medical Board (CVMB), which has resulted in an emergency temporary suspension of his veterinary license.

“The commissioners and Executive Director Scott Chaney are optimistic that the interim suspension hearing held on Jan. 21 will overturn this initial decision. However, regardless of the outcome, Dr. Blea has their full support and confidence to continue in his role as EMD throughout the full adjudication process.

“The commissioners are further committed to pursue appropriate legal avenues to protect the authority of the board, as well as preserve the contract with UC Davis, which appointed Dr. Blea as the Equine Medical Director for the CHRB.”

Read more at the Los Angeles Times.

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