Medina Spirit fails drug test

[omare]

This is interesting, Baffert is getting his money worth from his attorney. So Baffert’s Lawyer is now arguing that the disqualification cannot stand because it was betamethasone valerate not betamethasone acetate and only the latter is used for IA injections. Isn’t this argument the first time they have raised this point? In effect, that the “ointment” betamethasone is legally useable on race day? (I have attached a description of betamethasone valerate below-- which does seem like it acts as a general anti-inflammatory…)
I have attached references for greater minds --but at first glance -

1. Under the rules, betamethasone (does not designate which type) is a Class C drug-.
2. The Kentucky regulations only refer to penalties for Class C drug violations.
3. It seems Baffert’s lawyer is leaning heavily on the “withdraw” guidelines which seem to focus on the IA injection type only and does not specifically refer to the ointment version.
4. Will they make a due process argument that the withdraw guidelines did not lay out any time lines for the ointment form? (But there are lots of general caveats in the guidelines. )
5. Dumb question, I assume if something is classified as a class c-- just because it is not specifically mentioned as a prohibited substance per withdraw guideline does not make a positive test for it ok? That would make no sense, right,-- which seems to be the lawyer’s argument?
6. Regardless the reason for these drug rules is to keep racing fair and protect the horse, if this stuff ends up in the blood stream at a higher than allowed level does it matter which type was used?
   Some references for the curious:
   https://khrc.ky.gov/Documents/Chapter%208-020-1-Drug%20and%20Medication%20Classification%20Schedule%20-%20Final.pdf

030.pdf

8-020-2-Withdrawal%20Guidelines%20%20Copy.pdf

https://pubchem.ncbi.nlm.nih.gov/compound/Betamethasone-valerate

[Willesdon]

The difference between “the spirit of the law” and “the letter of the law”.

[ASB_Stars]

So, Bafferts cadre of attorneys will attempt to set forth a case where this was the best way to treat the horses condition, for his welfare. They did NOT attempt to cheat the rules.

[LaurieB]

Next year every runner in the Derby will have Otomax slathered all over it. You know, just in case.

[Laurierace]

I am happy to see the responses on here understand that the route of administration is irrelevant. Judging from other media sources today we are the overwhelming minority. It’s freaking ridiculous the amount of people who think this means it’s ok and Baffert should sue for defamation.

[Laurierace]

Well if topical doesn’t count let’s just mix up some Fentanyl and DMSO and see how far we can take this.

[NaturallyHappy]

I actually wondered if he did mix betamethasone w DMSO for a joint problem. I guess not based upon the lab results.

[omare]

Bob Baffert attorney: Test proves Medina Spirit wasn't injected with banned drug

Looks like the LA TImes at least tried to point it out.

"The case Baffert is making is that the Kentucky regulations specifically deal with betamethasone acetate, which is administered through injection, not betamethasone valerate.
However, Mary Scollay, executive director of the Racing Medication and Testing Consortium and former equine medical director for the Kentucky Horse Racing Commission, says it’s not so clear.“The rule prohibits the presence of betamethasone,” Scollay said. “It does not specify beyond that. Valerate or acetate — doesn’t matter.” "

The Scollay would seem to reading the rules----the regulations only address Class C drugs penalties and betamethasone (generally) is classified as a Class C drug under Kentucky racing rules and the only place it is specifically addressing the IA type is in the withdraw guidelines. Seems like there is a whole spin factory at work out there.

[omare]

You do have to wonder-- the amount in the blood sample (not the whole horse as MS points out) was consistent with the amount that would be present if injected in less than 14 days using the IA type. I have seen one person argue that the type at issue does not act the same way to cause performance enhancement/while possibly detrimentally masking issues, however, I did not see the scientific basis for that statement and the description of the ointment form would not lead, on its face, to that affirmative conclusion.

[Willesdon]

I recall it was a topical ointment licenced for use on dogs not horses. So what vet would’ve p[rescribed it for a horse?]

Edited to complete my sentence - after posting. Whoops!

[Ghazzu]

@Willesdon

I recall it was a topical ointment licenced for use on dogs not horses. So what vet would’ve p

I assume the cut off potion of your post was asking what vet would have prescribed it?

We use extralabel medications all the time, but in the case of an animal performing in a discipline that has drug restrictions, it would be foolish to do so without emphasizing the fact that, as it is ELUD, that there is no published withdrawal period, and that extreme caution is indicated to avoid potential residues.

[Laurierace]

I don’t think the question of whether the drug would be performance enhancing or not is relevant either. It doesn’t matter why a drug was used, it only matters if it is allowed to be in the horse’s body at post time. That said, I never thought the lidocaine back patch excuse would matter either but was wrong about that so maybe Bob really does have his own rulebook the rest of us aren’t privvy to.

[Where_sMyWhite]

In other words, it’s Bob’s world and you all in the racing industry are just living in it…

[EventerAJ]

Paulick Report just tweeted that it is confirmed Medina Spirit suffered a sudden cardiac event and died this morning after working 5f at Santa Anita.

Ray Paulick (raypaulick)

Having lost an amazing partner in similar way, my heart breaks for the horse’s connections and those who loved him.

[beowulf]

[Laurierace]

I had to google this to believe it. I am not a conspiracy theorist by nature but this definitely makes you wonder. Regardless, Godspeed good horse. You don’t deserve any of this.

[Davignport]

Wow! Such sad news. Medina Spirit deserved so much better and a longer life. So many horses dying this year. RIP sweet horse.

[beowulf]

How many is that now for Baffert? Legitimate question. BH reported 74 deaths in his care in 2021.

[sparkygrace]

This is such sad news. It generates an entire new inquiry.

[Laurierace]

Sorry, I have no idea. That seems insanely high if true. Watch the DQ will come hard and fast now though since there is no stud career to protect anymore.