Thoroughbred Safety Committee Revises Recommendation For Voided Claims

The Jockey Club Thoroughbred Safety Committee (TSC) announced today a revision to its recommendation titled, “Timing of Title Transfer with Claimed Horses,” which regards voiding claims of horses injured during a race. The TSC first announced a recommendation for voided claim rules at the 2012 Round Table Conference on Matters Pertaining to Racing.

The revision calls for enabling a claim to be voided by the claimant if the claimed horse is placed on the official veterinarian's list due to the horse's exhibiting signs of unsoundness, lameness, or epistaxis within one hour of the race's being declared official.

“Research by Dr. Tim Parkin, head of Bristol Veterinary School and a consultant on the Equine Injury Database, indicates that racetracks that enforce void claim rules have significantly lower incidences of racing fatalities per 1,000 starts when compared to tracks without void claim rules,” said Matt Iuliano, executive vice president and executive director, The Jockey Club. (The full presentation by Dr. Parkin on the subject can be found here: https://www.youtube.com/watch?v=z9Aa2_inAgU&t=2s).

The full text of the void claim recommendation revision, as well as the complete list of recommendations by the TSC, can be found at http://jockeyclub.com/default.asp?section=Advocacy&area=14.

The TSC was created in May 2008 to review every facet of equine health and to recommend actions the industry can take to improve the health and safety of Thoroughbreds. The committee convenes to review myriad safety issues with a cross section of industry representatives, including jockeys, trainers, veterinarians, chemists, pedigree experts, handicappers, owners, breeders, blacksmiths, racing commissioners, racetrack executives, and geneticists.

Committee members are Craig R. Fravel (chairman), Dr. Rick Arthur, James G. (Jimmy) Bell, Dr. Larry Bramlage, Dell Hancock, Jim Lawson, Christopher J. McCarron, Dr. Hiram C. Polk Jr., Tom Robbins, and Jaime Roth. Each is a member of The Jockey Club.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America's Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

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California Veterinarian: Looking Back, Voided Claim Rule Was First Step In Right Direction

As the dust has (somewhat) settled from the high-profile spate of horse fatalities at Santa Anita Park in 2018-19, one California veterinarian said that the culture around injury prevention in the state has completely changed. Dr. Ryan Carpenter led a virtual panel discussion earlier this month as part of the 2020 American Association of Equine Practitioners (AAEP) Convention, gathering veterinarians from different disciplines to speak about how safety efforts have evolved in their sport in recent years.

Carpenter, who is a racetrack practitioner and orthopedic surgeon in Southern California, has spoken before about the shift from skepticism of new medication and veterinary regulation by horsemen and private veterinarians to a comfortable acceptance.

“I think we all agree that from a racetrack perspective, safety begins and ends in the shedrow,” said Carpenter. “The cultural shift that we took here in Southern California was [to become] very risk averse. We can't afford to have fatalities. The media is very critical of us and every horse that is euthanized is a significant impact to our industry.”

Looking back, Carpenter said that one of the first important steps the state's racing industry took towards safety reform was its voided claim rule. The voided claim rule will void a claim if a horse comes out of a race with an injury or epistaxis.

“What that did was it took away this perception of passing off a problem to another trainer,” said Carpenter. “It made trainers take a little more responsibility for their horse at that time, and started the first step of this process of becoming more risk averse.”

Veterinarians from other equine sports echoed Carpenter's observations that participants and the public have demonstrated an increased interest in safety from them, too. The focus on steeplechase racing injuries can be a challenge for organizers, as many steeplechase meets are not parimutuel but are part of a charity fundraising effort. As such, the budget for certain types of improvements to fences and course is tighter than it might be at a conventional track.

“Nobody is feeling good about where we're at, but we know we're going in the right direction,” said Dr. R.R. Cowles, founder and past president of Blue Ridge Equine.

Cowles pointed out that American steeplechase racing began collecting injury data some 15 years ago and that national data shows that fatalities have decreased each year for the past decade, with the only exception being this year.

In eventing, Dr. Erin Contino, assistant professor of equine sports medicine and rehabilitation at Colorado State University, said that information gathering has been a critical first step. On a cross country course, some fences are not visible to anyone besides jump judges, who may have varying levels of experience or recall when it comes to documenting why a rider or horse fell. Now, at least at the international level, cross country runs are being videoed so that if an accident happens, the potential causes can be analyzed later. Data shows that corner jumps, downhill jumps, and water jumps are all associated with higher rates of accidents. That information is being provided to course designers, along with funding and encouragement to utilize frangible pin technology, which allows a fence to collapse if hit hard enough, in an effort to reduce rotational falls.

U.S. Equestrian Federation (USEF) medication restrictions have evolved significantly in recent years, according to Dr. Richard Mitchell, co-owner of Fairfield Equine Associates. He recalled a hunter years ago who was found to have three non-steroidal anti-inflammatories in its system — which were only discovered because the horse also tested positive for cocaine. That was a wake-up call, Mitchell said. Now, hunter/jumpers and equitation horses under USEF rules can no longer stack NSAIDs. There are also thresholds and withdrawal times just as there are at the racetrack.

“We've come a long way there with these horses,” said Mitchell of medication restrictions. “Granted they're not running at speed but yet we do have our jumpers that do have a speed element to their competition and accidents can occur. Ensuring these horses are fit to compete is really important.”

In the world of professional rodeo, Dr. Douglas Corey said changes have been slow.

“I think they've sometimes seemed very slow but I think they've come as a result of continually educating the membership,” said Corey. “I think communication is a very big part of it.”

Rodeos began requiring veterinarians on-site at competitions relatively recently, has allowed the beginnings of data gathering on accidents or injuries. Corey suggested that continuing education for participants, event organizers and fans of rodeo is the biggest hurdle for the sport to continue advancing. Many of the sport's participants come in with generational knowledge — but it's not always accurate.

“I think that's a challenge we've all had to overcome and I've really seen it in rodeo,” said Corey. “It's like my dad did it this way, my granddad did it this way, I'm going to do it this way. That's not always the best case. Changes had to happen.”

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Gilligan: Lack Of Voided Claim Rule ‘Creates Mortal Moral Hazard’

The current claiming rules in Louisiana harken back to the Stone Age, horseman, author, and jockey Jack Gilligan's father Patrick Gilligan wrote in an op/ed for the Thoroughbred Racing Commentary. Those rules state that the claimant becomes the owner of a horse as soon as that horse becomes a starter in the race, and that the claimant owns the horse “whether alive or dead, sound or unsound, or injured at anytime after leaving the starting gate, during the race or after.”

In states like California, Kentucky, and New York, voided claiming rules are written into racing regulations. These negate a claim if a horse suffers a catastrophic injury, and depending on the state, may also negate the claim for a horse that's lame or suffers EIPH during or after a race.

Gilligan cites a study of claiming horses by Professor Tim Parkin utilizing the Equine Injury Database, which reveals that when a voided claim rule goes on the books, the rate of catastrophic injury drops by as much as 25 percent (depending on the strictness of the rule).

Louisiana's claiming “rule creates mortal moral hazard,” Gilligan wrote. “It allows and implicitly accepts the possibility that trainers and their owners could engage in behavior of grossest negligence, and possibly profit from it.”

Read more at the Thoroughbred Racing Commentary.

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