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Several California Racetrack Vets Put on Probation by Vet Med Board

Over the last few months, several California backstretch veterinarians have been placed on probationary periods by the California Veterinary Medical Board (CVMB) for alleged problems in their practice of veterinary medicine.

The latest backstretch veterinarians to face such disciplinary actions are Vince Baker, placed on probation for four years, and Sarah Graybill Jones, placed on a three-year probationary period. The effective date for both probationary periods was Aug. 21.

These disciplinary actions signify an ongoing conundrum for backstretch veterinarians in California, who have found themselves afoul of the CVMB for veterinary procedures and approaches that are deemed legal under the California Horse Racing Board's (CHRB) rules.

Baker and Graybill Jones are two of six Southern California-based backstretch veterinarians who have been placed on probation by the CVMB so far this year. The veterinary medical board has filed complaints against at least another 15 backstretch veterinarians.

The various complaints and accusations against California's backstretch veterinarians are similar in nature and reflect a yawning schism between the veterinary board and the CHRB concerning approaches to standard equine veterinary care.

The main areas of conflict surround what the CVMB deems prescribing and dispensing medications or treatments without an examination or forming a diagnosis, how to define the proper veterinarian-client-patient relationship (VCPR) on a racetrack backstretch, and the prophylactic use of medications.

The CHRB has updated its rules on compounded drugs with the aim of clarifying another area of disagreement with the VMB.

Several equine veterinary experts have said that a key part of the conflict surrounds the Veterinary Medicine Practice Act–the overarching rules by which all licensed veterinarians must comport their business–which is almost entirely geared around small animal practice, and therefore is unrepresentative of the practicalities of herd health on a racetrack backstretch.

In an effort to resolve the differences between the two agencies, veteran equine veterinarian Barrie Grant was appointed to the VMB earlier this year by California Governor, Gavin Newsom. The veterinary board has also established an Equine Practice Subcommittee.

Baker is the long-time veterinarian for Bob Baffert, trainer of Medina Spirit, who finished first in the 2021 G1 Kentucky Derby, only to be disqualified due to a post-race betamethasone positive. The following December, Medina Spirit suffered a sudden cardiac death during training.

Due to the high-profile litigation surrounding Medina Spirit's disqualification from the Kentucky Derby, and the horse's subsequent death, the CVMB's disciplinary actions Baker, Medina Spirit's track vet, have proven a lightening-rod on social media.

The CVMB accused Baker of several causes of discipline including alleged negligence in the practice of veterinary medicine, the “dispensing of dangerous drugs without medical necessity,” prescribing “controlled substances without medical necessity,” and failure to establish VCPR.

The TDN reached out Friday morning to attorney Lisa Brown, who represents Baker, for comment. Brown has not yet responded.

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Medina Spirit’s Derby DQ Upheld at KHRC Level, Ripening Case for Court Challenge

The Kentucky Horse Racing Commission (KHRC) on Tuesday closed the 27-month regulatory saga involving Medina Spirit's GI Kentucky Derby drug disqualification by unanimously voting to deny appeals by trainer Bob Baffert and owner Zedan Racing Stables while accepting a hearing officer's recommended order that the penalties originally imposed by the Churchill Downs stewards be affirmed in their entirety.

But the legal battle to restore Medina Spirit's win in America's most historic and important horse race appears to be just now ramping up.

That's because now that the KHRC's decision is final at the state administrative level, it is ripe for being elevated to the court system and challenged by the losing parties.

Medina Spirit crossed the wire first in the 2021 Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The Aug. 22, 2023, final order denying the appeals on behalf of Baffert and Medina Spirit's owner, Amr Zedan, officially elevates Mandaloun as the official winner of the 147th Derby.

Not only does the denial of the appeals uphold Medina Spirit's DQ, it lets stand the 90-day KHRC suspension that Baffert already served in 2022 but wanted expunged from his record. Also upheld was the $7,500 fine the KHRC imposed upon Baffert.

Baffert did not respond to TDN's request for comment prior to deadline for this story.

But the Hall-of-Fame trainer's attorney, W. Craig Robertson III, said he will soon be outlining next-step legal strategies with Baffert.

“It's disappointing that the KHRC engaged in no analysis whatsoever of the Hearing Officer's Findings of Fact or Conclusions of Law,” Robertson wrote in an email. “Neither did the KHRC's Order address any of the many objections we raised to the Hearing Officer's ruling.

“Instead, the KHRC did what it does best–rubber stamped its own foregone conclusion. I will discuss with Mr. Baffert, but believe it is highly likely the matter is appealed so that it can finally be presented to an impartial Court,” Robertson wrote.

Eight days after the 2021 Derby, Baffert first disclosed the betamethasone positive at a press conference outside the barn where Medina Spirit was stabled at Churchill Downs. In doing so, he was getting out in front of the official announcement that would come later by the KHRC.

In Kentucky, betamethasone is classified as a Class C drug (on an A-through-D scale with A being the most severe). It is prohibited in any amount in a post-race test.

At first, on May 9, 2021, Baffert chose to implicate various non-specific circumstances as the underlying culprit in the positive test. Two days later, on May 11, Baffert's legal team issued a press release stating that Medina Spirit was treated with the betamethasone-containing ointment Otomax as late as the day before his Derby win to help deal with a skin lesion.

Baffert and Zedan's lawyers would eventually build more than two years of court cases and administrative appeals around the contention that the betamethasone that showed up in Medina Spirit's post-race positive test was the type that came from a permissible topical ointment and not via some other restricted means, like an intra-articular injection.

The Twitter account for Zedan Racing posted a statement on Tuesday that underscored that this method-of-delivery argument would continue to be a central plank in any future court case.

“Today's decision by the KHRC finding the use of a commonly used topical ointment to be a medication rule violation relating to Kentucky Derby winner Medina Spirit was expected. We now look forward to a court's review and legal analysis of the express rules and basic constitutional principles involved. We genuinely believe that the wisdom and guidance that a court can provide will bring clarity benefitting all industry partners and particularly trainers and veterinarians.”

Although no KHRC ruling was issued in the first nine months after Medina Spirit's positive finding, the gaming corporation Churchill Downs, Inc. (CDI), in June 2021 barred Baffert from competing at its portfolio of tracks for two years.

Medina Spirit died on Dec. 6, 2021, collapsing to the track after working five furlongs at Santa Anita Park. A necropsy conducted by the California Horse Racing Board stated that a “definitive cause of death was not established despite extensive testing.”

In 2022, Baffert initiated a federal lawsuit that challenged CDI's ban. The case dragged into 2023, when it was dismissed.

The KHRC finally held its hearing on Medina Spirit's positive test on Feb. 14, 2022, and issued the rulings against Baffert and Zedan a week later.

When stay requests pending appeals filed with the KHRC were denied, Baffert and Zedan took the matter to court, with the KHRC case unfolding around the same time as Baffert's unsuccessful lawsuit against CDI.

In the spring of 2022 Baffert failed to get an injunction against the KHRC that would have kept him from serving his suspension, so he stepped away from training between early April and early July of that year to sit out his penalty.

The KHRC appeals then led to six days of evidentiary hearings in August 2022. The process got delayed a month later when the hearing officer had to recuse himself after one of Baffert's attorneys bought a horse at auction that the hearing officer co-owned.

A new hearing officer, Eden Stephens, took over, and in May 2023 issued a report that concluded that “the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone” and that “the KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive.”

It took nearly three more months before the KHRC's vote on the hearing officer's recommendations made it onto the Aug. 22, 2023, monthly meeting agenda. In the interim, CDI extended its private-property banishment of Baffert through 2024.

On Tuesday, the KHRC did not discuss any specifics of the appeals prior to the unanimous voice vote to reject them. The item was listed last on the meeting agenda, and it occurred after a break for the commission to have discussions in an executive session.

When the KHRC reconvened in open session, chairman Jonathan Rabinowitz asked if any commissioners wanted to “abstain due to conflicts of interest, or perceived conflicts of interest.” Four did: Michael Dudgeon, Lesley Howard, Charles O'Connor and Catherine Parke.

Rabinowitz then called for a vote “approving a final order as stated.” But exactly what the KHRC commissioners were voting on was not read into the public record.

TDN had to subsequently ask for and receive a copy of the order from KHRC staff after the meeting to learn what it stated.

“The Hearing Officer's Recommended Order is approved, adopted, and incorporated herein by reference as a part of this Order,” the five-page document read, in part. “Petitioners' appeal is therefore DISMISSED. This is a FINAL AND APPEALABLE ORDER…”

The document listed the procedures for just such an appeal, which, according to state statue, must happen in a Kentucky circuit court within 30 days after issuance of the final order.

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Op/Ed: In Extending Baffert Ban, Churchill Downs Has Gone Too Far

With the Churchill Downs spring meet, which was moved over to Ellis Park, winding down, it appeared that Bob Baffert would soon be able to put the worst of his problems behind him. Baffert was serving a two-year suspension from Churchill Downs that came in the aftermath of Medina Spirit (Protonico) testing positive for a substance banned on race day after crossing the wire first in the 2021 GI Kentucky Derby. The suspension forced Baffert to sit out the 2022 and 2023 runnings of the Derby, the race that is at the core of his operation. It was a huge price to pay. The end of the meet on Sunday was supposed to mark the end of his ban and give Baffert the green light to run at Churchill, the other tracks owned by the company, and in the 2024 Derby.

Instead, Churchill announced Monday that Baffert's ban had been extended through the calendar year 2024. The decision, Churchill said in a statement, was “based on continued concerns regarding the threat to the safety and integrity of racing (Baffert) poses to CDI-owned racetracks.”

It was a stunning announcement, and not just because it was unexpected. To extend the ban, based on what are best described as flimsy accusations, is overkill. Baffert served his time, his punishment was up and it was time for him to prepare for his return to the Kentucky Derby next year. Justice was not served here.

Baffert's problems began before the 2021 Derby. He had accrued a number of positives over a short period, including one with Gamine (Into Mischief) in the 2020 GI Kentucky Oaks. When Medina Spirit tested positive for betamethasone, Churchill Downs clearly had had enough.

“Failure to comply with the rules and medication protocols jeopardizes the safety of the horses and jockeys, the integrity of our sport and the reputation of the Kentucky Derby and all who participate. Churchill Downs will not tolerate it,” read a statement issued by the track at the time.

A two-year suspension followed. Baffert's problems only mounted. He received a 90-day suspension from the Kentucky Horse Racing Commission and New York Racing Association banned him for what turned out to be a year.

Baffert vowed to fight the charges “tooth and nail,” and that's what he did. He and his legal team based their defense on the supposition that the betamethasone got into Medina Spirit's system, not through an injection. but through an ointment used to treat a skin rash. That, they contended, meant that the positive should have been excused. That never seemed like a winning argument. The betamethasone was in the horse's system. That's all that mattered, and not how it got there. But Baffert kept fighting and contested every one of the suspensions as what seemed like a never-ending series of appeals worked their way through the legal system. As late as this year's GI Belmont S., Baffert was still out there stating his case. In an interview with Fox he said that if he had to do things over again regarding the Medina Spirit matter he wouldn't have done anything differently and that he didn't break any rules.

That apparently didn't go over well in the Churchill Downs corporate suites.

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit at the 147th Kentucky Derby from which his horse was disqualified by the Kentucky Horse Racing Commission in accordance with Kentucky law and regulations,” Monday's statement from Churchill read. “Prior to that race, Mr. Baffert signed an agreement with Churchill Downs which stated that he was responsible for understanding the rules of racing in Kentucky and that he would abide by them. The results of the tests clearly show that he did not comply, and his ongoing conduct reveals his continued disregard for the rules and regulations that ensure horse and jockey safety, as well as the integrity and fairness of the races conducted at our facilities. A trainer who is unwilling to accept responsibility for multiple drug test failures in our highest-profile races cannot be trusted to avoid future misconduct.”

There's no doubt that Baffert could have been handled the situation better and that a more prudent strategy would have been to shut up, take his lumps and wait patiently on the sidelines for his suspension to run its course. Had he done so, it's likely that Churchill Downs would have reinstated him Monday rather than extending the ban.

Whether Baffert “peddled a false narrative” or not, no one deserves to be penalized–and penalized severely–for exercising their right to defend themselves. And that's what Churchill has done to Baffert. Put in the same situation, most anyone would have done the same. By no means does anything he did constitute a case of “continued disregard for the rules and regulations that ensure horse and jockey safety…”

Another troubling aspect to this latest twist in the Baffert-Medina Spirit saga is that there's no telling what Churchill will do next. In its statement, Churchill gave no assurances that it will drop the ban at the end of 2024. Rather, it said that it will re-evaluate Baffert's status at the time. Do we know that they will ever welcome Baffert back at their tracks? We don't.

Baffert is far from perfect and he never deserved to get a free pass for what he did. He should have been far more careful, not only with Medina Spirit, but with all the horses he had that tested positive. Instead, and at the very least, he was sloppy and took his eye off the ball. How did he and his veterinarian not know that treating Medina Spirit with the ointment Otomax could result in a positive? All of this would have been an issue with any trainer in any race, but when it comes to the biggest name in racing and the sport's marquee race, you definitely have a problem.

So maybe Baffert deserved some of the penalties, especially the one handed down by the Kentucky Horse Racing Commission. But at some point, the crime and the punishment need to fit. We no longer need to debate whether or not Churchill Downs was justified in banning Baffert for two years. That ship has sailed. The relevant issue now is the extension of the ban and for what reason. Since the original suspension was announced, Baffert has done nothing wrong and has not violated any rules or had any more positives. He should be on his way back and that he's not suggests that Churchill Downs has a vendetta against him. It's not right.

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Bob Baffert Suspension Extended Through 2024 At Churchill Downs

Churchill Downs Incorporated is extending the suspension of Bob Baffert through calendar year 2024 based on what Churchill Downs called “continued concerns regarding the threat to the safety and integrity of racing he poses to CDI-owned racetracks.” Churchill released the following statement:

“Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit at the 147^th Kentucky Derby from which his horse was disqualified by the Kentucky Horse Racing Commission in accordance with Kentucky law and regulations. Prior to that race, Mr. Baffert signed an agreement with Churchill Downs which stated that he was responsible for understanding the rules of racing in Kentucky and that he would abide by them. The results of the tests clearly show that he did not comply, and his ongoing conduct reveals his continued disregard for the rules and regulations that ensure horse and jockey safety, as well as the integrity and fairness of the races conducted at our facilities. A trainer who is unwilling to accept responsibility for multiple drug test failures in our highest-profile races cannot be trusted to avoid future misconduct. Mr. Baffert will remain suspended from entering horses at all racetracks owned by CDI through 2024. After such time, we will re-evaluate his status.”

Baffert told the TDN, “I am at a loss to understand Churchill Downs's latest action to suspend me. From the moment I learned of Medina Spirit's post-race positive–now more than two years ago–I committed to find out how it could have occurred, given that we had never injected Medina Spirit's joints with betamethasone, which the veterinary records confirm. A review of our treatment records showed we used a topical ointment called Otomax for a skin infection, and post-race testing of the sample confirmed the positive test came from a topical application.

I have been open, honest and forthcoming about these events. I have acknowledged that our treatment led to the positive and I informed the Kentucky Racing Commission that we had treated Medina Spirit this way.

I have been advised by my attorneys that the use of Otomax is permitted under the rules, and this issue is presently being adjudicated by the Racing Commission in a case presently before them. In no way does this involve a “disregard for the rules”.

In the interests of the sport we all love, I have made no public comments on this unfortunate episode for an extended period of time so the suggestion that I `continue to peddle a false narrative' is patently false..”

Clark Brewster, who represented Bob Baffert in the Medina Spirit case, added: “This has nothing to do with anything that Bob has done or said. Bob simply has come forward and said he used this particular topical and that the rules permitted it. He felt that the rules dealing with betamethasone involved with injecting a horse within 14 days of the race. He's been open and transparent and hasn't been in any way accusatory. The words in this release are shocking and don't deal with the reality in any way.”

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