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Sadler’s Flagstaff Tests Positive for Biphosphonate

The John Sadler-trained Flagstaff (Speightstown) tested positive for Clodronic Acid, a bisphosphonate otherwise known as Osphos, after finishing second at Santa Anita Sept. 27 last year, according to a California Horse Racing Board (CHRB) complaint.

As per the complaint, dated Mar. 24, an Osphos positive is a Class 1, Category A penalty. A split sample confirmed the original finding, the complaint states.

Sadler is currently on a year's probation in accordance with a settlement agreement and mutual release with the CHRB, as part of which Sadler was fined $15,000 and handed a 60-day suspension–45 days of which were stayed–for three medication violations dating from 2019.

The suspension ran June 29 through June 13 last year. The year-long probation period ends June 28, 2021.

As stated in the agreement, “If John Sadler violates the terms of his probation, the 45 days of stayed suspension shall be imposed following a noticed hearing.”

Sadler referred the TDN to his attorney, Darrell Vienna, who pointed out that Osphos is listed a Class 1 drug because it's unclassified in California at the moment, but is currently going through the administrative process of being classified a Class 3 medication.

Vienna said that it was his understanding Flagstaff was administered Osphos in late 2019, but that due to an extremely slow rate of elimination in a horse's system–sometimes years–Osphos showed up in last year's test.

“I don't think anything in the report shows any evidence of misfeasance or malfeasance by Sadler,” said Vienna. “This isn't him denying the administration. It's a case of the administration being completely legal at the time. The finding is a result of the pharmacology of the substance, not of any wrongdoing.”

Since the settlement agreement was inked last year, Sadler has been fined $1000 and $1500 accordingly for two positive findings related to timed workouts.

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California Horse Racing Board Issues Bisphosphonate Complaint Against Jeff Metz

The California Horse Racing Board issued a complaint against trainer Jeff Metz last week over a finding of bisphosphonates in the Sept. 27, 2020 post-race sample of the gelding Camino De Estrella, reports the Daily Racing Form. The drugs are not yet specifically classified in California, so the positive is being adjudicated under the “prohibited substances” rule with a Class 1, Category A penalty.

However, Metz's attorney Darrell Vienna believes the trainer will be exonerated. Popular at the claim box, Camino de Estrella has been in the care of five different trainers since 2019, including Tim Yakteen, Mark Glatt, Steve Knapp, Metz, and most recently Bill Spawr.

“There is a record of a veterinarian administering the drug when he was not in Mr. Metz's care, in 2019,” Vienna told DRF. “I can say with certainty that Jeff never administered bisphosphonates to that horse. We're confident that the truth will come out, because we think the CHRB already knows the truth.”

Bisphosphonates were approved for equine use in the United States approximately six years ago, to treat horses with symptoms of navicular syndrome, a common, nagging foot pain in older horses. Before the drugs were approved for horses in the U.S., they were used in Europe and veterinarians could legally import them to treat American horses. Having them available to American practitioners who perhaps couldn't previously afford the import process has made a world of difference to mature horses dealing with navicular syndrome – and there are a lot of them. Roughly a third of chronic front leg lamenesses are believed to be related to navicular pain. Generally, bisphosphonates have been safe and effective in the population they're intended for.

Bisphosphonates (sold commercially as Osphos and Tildren) are FDA-approved in horses four years old and up, and are not approved for use in mares who are pregnant or lactating. The reason for those restrictions is unanswered questions about potential side effects. Bisphosphonates do their work by reducing the action of cells called osteoclasts, which clear away damaged bone and make way for osteoblasts to lay down new bone. In a young equine skeleton, this could disrupt the growth cycle.

The CHRB did prohibit the administration of bisphosphonates beginning July 1, 2020, via rule 1867.1, which also prohibits any horse from entering CHRB grounds that has been administered the drug within six months.

Since Camino de Estrella would have been five years old in 2019, administration of a bisphosphonate was legal at that time only if the gelding had a diagnosis of navicular disease.

Vienna argued that “the available science on bisphosphonates clearly demonstrates that the drug can be found more than 2 1/2 years after the drugs have been administered, due to their unique ability to lie dormant in bone but become 'active' in the horse's circulatory system when bone is in need of repair.”

Justify Case Likely Heading To Court After CHRB Votes To Uphold 2018 Santa Anita Derby Win

The California Horse Racing Board voted Thursday to let the stewards' decision stand and leave eventual Triple Crown champion Justify the winner of the 2018 Santa Anita Derby.

After a hearing on October 29, 2020, the Board of Stewards at Santa Anita Park racetrack issued a Statement of Decision on December 9 to dismiss complaints filed by the current California Horse Racing Board (CHRB) in the combined cases of the horses Justify and Hoppertunity, both of whom had scopolamine detected in post-race samples following their victories.

CHRB filed the complaint as part of a settlement of a lawsuit filed by Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro.

Meeting in executive session Thursday, the seven commissioners considered dual requests from Ruis to either appeal that decision by the stewards or overturn it outright. The commissioners rejected both requests.

“Unbelievable,” said Darrell Vienna, attorney for Ruis. “It's very disappointing. I guess they want to go to court.”

Vienna said he is considering “a number of legal theories to proceed under” in Los Angeles Superior Court.

“It ain't over till the fat lady sings,” Vienna said, “and she's just getting warmed up.”

The post Justify Case Likely Heading To Court After CHRB Votes To Uphold 2018 Santa Anita Derby Win appeared first on Horse Racing News | Paulick Report.

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Letter to the Editor: Darrell Vienna

I read with interest the article “Baffert’s Lawyer: Drape’s `False’ Story `Debunked‘” published today on your website. Although I represent Mick Ruis, the following comments set forth facts that cannot be disputed and address a number of the patently false or clearly misleading representations contained in that article.

JUSTIFY’S OFFICIAL SAMPLE AND SPLIT SAMPLE CONFIRMED THE PRESENCE OF SCOPOLAMINE. The prohibited substance, scopolamine, was detected in the official test sample collected from Justify following the running of the 2018 Santa Anita Derby. Split sample testing, requested by Justify’s trainer, Bob Baffert, confirmed the presence of scopolamine.

SCOPOLAMINE WAS A CLASS 3, PENALTY B SUBSTANCE IN 2018. At the time of the running of the 2018 Santa Anita Derby, California Horse Racing Board (“CHRB”) Classification of Foreign Substances categorized scopolamine as a Class 3, Penalty B substance. It has been argued that the CHRB Classification of Foreign Substances must follow the ARCI guidelines. That is patently false as the CHRB Classification is not subordinate to ARCI guidelines. While the CHRB Classification is generally based on ARCI guidelines, specific incorporation of ARCI Guidelines must be adopted in accordance with California law as set forth in California’s Administrative Procedures Act (“APA”). The APA is designed to provide the public with a meaningful opportunity to participate in the adoption of state regulations and to ensure that regulations are clear, necessary and legally valid. Consequently, ARCI guidelines are not incorporated in CHRB guidelines unless they are specifically adopted in conformance with the APA process. Hence, any claim that scopolamine was classified as a CHRB category 4, penalty class C substance at the time of Justify’s participation in the 2018 Santa Anita Derby is false.

A FINDING BY THE BOARD OF STEWARDS THAT JUSTIFY’S POST-RACE SAMPLES CONTAINED SCOPOLAMINE MUST RESULT IN DISQUALIFICATION.

CHRB Rule 1859.5 provides that a finding by the Board of Stewards that the official sample and the split sample contain as a category 1 through 3 substance as classified by CHRB Classification of Foreign Substances requires that the horse must be disqualified and the purse, award, prize, or record must be forfeited regardless of culpability for the condition of the horse.

THE CHRB’S ADOPTION OF THE ARCI GUIDELINE REGARDING SCOPOLAMINE WAS NOT PROPOSED BEFORE THE 2018 SANTA ANITA DERBY.

There is no record of any CHRB attempt to adopt a change in its classification of Scopolamine from Class 3 to Class 4 until after the August 2018 closed session when CHRB chose not to pursue an enforcement action against Bob Baffert related to the 2018 Santa Anita Derby. Any statement that the belated adoption of the change was due to clerical error, regulatory inefficiency, or administrative backlog is not true.

CHRB RULES ARE BASED UPON THE PRESENCE OF A DRUG, NOT THE EFFECT OF THE DRUG.

It has also been argued that scopolamine has no performance enhancing effect. CHRB regulation do not address, much less, require a finding of performance enhancement. Disqualification under CHRB rules is based upon the presence, not the potential effect, of a prohibited substance.

THE CHRB’S PRIOR ACTION REGARDING BOB BAFFERT DID NOT ADDRESS PURSE DISQUALIFICATION.

In August, 2018, the CHRB, in executive session, opted not to engage in an enforcement action against Bob Baffert. Neither at that time, nor at any time thereafter until the recent CHRB hearing, did the CHRB even consider the issue of Purse Disqualification. Then CHRB Chairman Chuck Winner has repeatedly stated in relation to that 2018 executive session that “. . . the issue of purse redistribution was not considered.” Any argument that the issue of purse disqualification was dismissed in that aforementioned executive session is unfounded.

ONLY TWO HORSES, JUSTIFY AND HOPPERTUNITY EXCEEDED THE LABORATORY THRESHOLD FOR SCOPOLAMINE.

Claims that 5 other horses tested positive for scopolamine around the time that Justify and Hoppertunity tested positive are false. The CHRB Official Laboratory is only alleged to have found traces of scopolamine and/or atropine in the five other horses. The levels found in these five horses was below the laboratory threshold required for a certificate of analysis to be issued; consequently, the samples from these five horses were never reported as positives and any suggestion otherwise is baseless.

In sum, the statements in the article attributed to Mr. Robertson fail to address the fact that scopolamine was Class 3, Penalty B substance at the time and that a Purse Disqualification hearing which had not been previously conducted is required.

Sincerely,

Darrell Vienna

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