NYSGC Nixes McPeek’s Request for Clarity in Quarantine Entry Snafu

   The New York State Gaming Commission (NYSGC) on Monday denied a request by trainer Ken McPeek to bring clarity to the process of how and when Thoroughbreds coming out of a quarantine can be allowed to enter races.

   Back on July 15, another trainer's horse in the barn McPeek shared at Saratoga Race Course tested positive for equine herpesvirus (EHV-1). State agriculture officials, the New York Racing Association, and the NYSGC then imposed a 21-day quarantine of the entire barn retroactive to July 11, which is a common precaution in such EHV-1 outbreaks.

   The understanding was that if no other horses got sick during that time frame, the entire stable would be released from quarantine and allowed to race as of Aug. 1.

   But when McPeek tried to enter seven horses just days in advance of the quarantine's expiration for the Aug. 1, 4 and 5 cards, the entries were denied by the Saratoga stewards because the horses were still under quarantine at the time those entries were to be taken.

   After being unable to make any headway on his own, McPeek retained New York-based attorney Drew Mollica, who reached out to the stewards on July 30, some 3 1/2 hours before the Aug. 3 card was drawn, in hopes that a hearing could be held and the McPeek horses could begin running as soon Aug. 4.

   Mollica told TDN at that time that he had sent emails and placed phone calls to NYSGC steward Braulio Baeza Jr. and to the commission itself, but none of the messages yielded a reply.

   Mollica wanted to point out that a recent precedent should have been used as a template in the matter: He said that in January 2018, trainer Linda Rice was allowed to pre-enter a horse coming out of an EHV-1 quarantine prior to the actual expiration of that restriction.

   Eventually, McPeek's horses were allowed to enter races at the Spa after Aug. 1. But he and his clients had already missed out on purse-earning opportunities. Some owners had made plane and hotel reservations to come to Saratoga to see their horses run, and jockeys had given up other mounts to commit to ride the McPeek stable's horses that the trainer thought would have been able to race.

   McPeek then had Mollica formally appeal the situation to the NYSGC, seeking a declaratory judgment arguing that the stewards' position was arbitrary and capricious. McPeek also wanted NYSGC to adopt quarantine race-entry protocols so he and other horsemen would know what to expect in the future, and he asked for equitable relief to assuage the financial injury to himself and his owners.

   During the NYSGC's Nov. 8 meeting, all three of those requests were denied.

   The case was not discussed and ruled upon by commissioners during the open, public meeting. Instead, executive director Robert Williams read a prepared statement that stated the commissioners had previously heard the arguments and had designated commissioner Peter Moschetti to rule on the matter.

   “Following consideration of submissions, commissioner Moschetti found that a declaratory judgment was not available, as the time to enter horses in the desired races had passed, and that there was no longer an existing controversy that would have a direct and immediate effect upon the rights of the parties,” Williams stated.

   “Commission Moschetti also found that the granting of the relief sought would constitute issuing an advisory opinion which was not allowable under the facts and circumstances of the matter,” Williams stated.

   “Finally, commissioner Moschetti found that directing the commission to create a protocol or rule for the future to decide the issue [that was] raised was beyond the scope of the appeal,” Williams stated.

   After the meeting, Mollica told TDN via phone that he wasn't sure if there would be a next legal step for McPeek to seek remedy. But he said it's imperative that the NYSGC address the stewards' inconsistencies in how they handled the 2018 and 2021 EHV-1 entry situations.

   “While the commission chose not to delve into the facts and suggested that they procedurally had no power, the reality is that the actions of the stewards were completely contradictory to the actions they had taken in 2018 in the matter of Linda Rice,” Mollica said.

   “The horse had the exact same virus. It was exactly the same quarantine, and they allowed her to enter the day before the quarantine ended,” Mollica said.

   “It is my hope that although they didn't decide it on the merits, that Mr. McPeek's efforts brought this egregious situation to light, and that they will address it administratively in the near future, because Mr. McPeek brought the inconsistency of their actions to light,” Mollica said.

The post NYSGC Nixes McPeek’s Request for Clarity in Quarantine Entry Snafu appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

EHV-1 Outbreak At California Show Grounds Sees Six Positives, One Death

On July 25, a 6-year-old Warmblood mare in Sonoma County, CA, tested positive for equine herpesvirus (EHV-1), according to reporting from the California Department of Food and Agriculture. The show horse had been stabled at the Sonoma Horse Park in Petaluma, Calif., prior to her positive test. Though the mare was vaccinated, she was euthanized after becoming recumbent and unable to rise.

Managers of the horse show the mare attended notified all attendees, asking them to take temperatures of horses that had attended the show twice daily and quarantine any horses returning from the show for at least seven days. On the show grounds, 19 horses from the affected mare's barn were removed and quarantined at their home farm; the 18 horses left at the home facility had temperatures taken twice daily and the farm implemented enhanced biosecurity measures.

[Story Continues Below]

Six horses at the premises tested positive for EHV-1 and began displaying fever and/or limb edema. One horse, a 15-year-old Warmblood mare, began displaying neurologic symptoms and was moved to isolation at a veterinary hospital for care. A 5-year-old Warmblood gelding that was stabled at the horse show with the euthanized mare tested positive for EHV-1 on July 30 and was isolated at the index premises.

There were seven confirmed cases of EHV-1: two were non-neurologic EHV-1 cases at the showgrounds, a 5-year-old Warmblood gelding and a 14-year-old pony mare.  one horse thus far has been euthanized.

Read more at the EDCC.

The post EHV-1 Outbreak At California Show Grounds Sees Six Positives, One Death appeared first on Horse Racing News | Paulick Report.

Source of original post

Kentucky Position On EHV Quarantine At Saratoga Race Course

E.S. “Rusty” Ford, equine operations consultant for the Kentucky Office of the State Veterinarian, released the following update regarding a diagnosis of EHV-1 at Saratoga Race Course.

On Thursday evening (7/15) we received notification that Barn 86 at Saratoga Race Course had been placed under quarantine by NYRA Veterinary Officials and New York's Gaming Commission following a diagnosis of EHV1 in a horse that had been stabled on the grounds. Since that time, we have maintained open lines of communication with both NYRA and the NY Department Agriculture's State Veterinarians Office and have been working with the KY Horse Racing Commission and KY racetrack's management teams.

A description of the disease event can be viewed on the Equine Disease Communication Center's website.

[Story Continues Below]

Additionally, we did reaffirm earlier this morning that the status is unchanged and there have been no new EHV cases reported.

Dr. Flynn and I would like to take this opportunity to remind you that mitigating risk of disease introduction and transmission is a shared responsibility with success dependent on multiple parties all working together to achieve the common goal of maintaining safe and healthy environments for our horses. Since Thursday, we have worked closely with our tracks and training facilities to establish procedures and protocols that continues to allow movement of horses originating from Saratoga Race Course onto Kentucky tracks. With that in mind, we want to ensure that other equine facilities receiving horses understand the importance of having strong biosecurity protocols in place and practiced daily when processing and managing new arrivals onto your facility. Your veterinarian is a valuable resource to review and give recommendations based on your individual premises and we, too, will be happy to review your plan and share our thoughts on best practices.

Kentucky's Position at This Point in Time: With horses in the affected barn remaining under quarantine, segregated from the general population, and being closely monitored for evidence of illness, we are satisfied horses residing in other barns at Saratoga can qualify and be permitted entry onto our Kentucky tracks and training facilities by fully meeting our established entry requirements. These requirements include a Certificate of Veterinary Inspection (CVI) certifying examination and issuance of the certificate was made during the 72-hour period preceding the horses arrival at the Kentucky track/facility and includes certification of the horse meeting our established EHV1 vaccination requirement as well as EIA testing.

Additionally, I am encouraging tracks to have the shipping of horses from Saratoga onto the grounds be scheduled with the stable manager and that the arrival and stabling information be shared with the track's Equine Medical Director or his designee.

We appreciate the opportunity to provide factual information resulting from the open lines of communication with NYRA and NY Department of Agriculture veterinary officials. We will continue to monitor this developing event and provide updates as new information is learned or a change in the status occurs.

Visit the Kentucky Department of Agriculture here.

The post Kentucky Position On EHV Quarantine At Saratoga Race Course appeared first on Horse Racing News | Paulick Report.

Source of original post

Further Analysis Of March EHV-1 Outbreak Reveals New Variant Of The Disease

In March, eight horses housed at a Pennsylvania show barn were diagnosed with EHV-1 after having elevated temperatures but no other signs of illness. The cause of the outbreak has been found to be a new variant of the EHV-1 H752 genotype. The variant contains the same mutation as the EHV-1 outbreak in France.

EHV-1 can cause respiratory disease in young horses, early death in foals, abortions in mares and occasionally neurological disease. Neurologic issues are fairly uncommon, but can cause the death of the affected horse.

The 31 horses that lived at the affected barn were treated with valacyclovir, and ill horses also received flunixin meglumine and sodium heparin. The investigation team, led by Dr. Nicola Pusterla, believe that the early administration of valacyclovir may have prevented additional horses from falling ill with neurologic complications. Additionally, they note the lack of respiratory symptoms in these cases may be related to the recent administration of EHV vaccinations.

The distribution of the new genotype is not known.

Read the case report here.

Read more at HorseTalk.

The post Further Analysis Of March EHV-1 Outbreak Reveals New Variant Of The Disease appeared first on Horse Racing News | Paulick Report.

Source of original post

Verified by MonsterInsights