Why bucked shins are so prevalent in the racehorse

Article by Adam Jackson MRCVS 

Why bucked shins are so prevalent in the racehorse

One of the most common causes of lost days to training and racing in racehorses is dorsal metacarpal disease (DMD), often referred to as “bucked shins” or “sore shins.” 

Often a frustration to trainers and owners, this problem rears its ugly head at the time of highest expectations, such as arising the last day of work before a horse’s first race, right after a horse’s first victory or after a horse was purchased at a two-year-old sale.

This disease presents with heat, pain with or without inflammation (swelling) on the dorsal (front) surface or the dorsomedial (front inside) surface of the third metacarpal bone (cannon), which is referred to as acute periostitis. With rest and reduced exercise, the condition can improve, but catastrophic fractures of the cannon may occur at the site of previous DMD episodes. A good understanding of this disease and strategies of prevention are vital in order to improve the welfare of the horse and reduce the potential expenses to all shareholders.  

Introduction

Training racehorses on different surfaces

The cannon bone is an important structure in the weight bearing and absorbing shock. As the horse moves, the bone bends a little and then returns to its original shape like an elastic band, which is often referred to as elastic deformation. In addition, it has been observed that horses that work slowly have tension on the front of the cannon bone; in other words, the bone is stressed by a stretching force rather than a compressing force. However, at higher speeds, these forces change from stretching to compressing forces.

Repeated bending forces (stress cycle) on the cannon bone causes dorsal metatarsal disease. When the horse is young, it has a thin bone cortex. As the horse grows and is repeatedly subjected to these forces, the bones remodel and the cortex thickens, making it stronger. However, if the bending forces exceed the bone’s ability to remodel, then this leads to stress fatigue and bone damage.

The occurrence of bucked shins is most common when horses are developing, typically at two to three years old as training becomes more intensive. But it must be noted that if the horse is not bone fit, any aged racehorse is susceptible to these diseases when they begin training. Roughly at the age of five years, when a horse is fit, they are at a low risk of this disease. Within the first six months of training, DMD may present in one or both front limbs. If the condition does occur in both front limbs and the horse is being trained on a circular track, then it is likely the inside leg is where it will occur first. In other words, if the training tends to be in a counterclockwise training circuit, then there are greater forces on the left limb than the right, thus the left is more likely to develop the disease before the right limb.

Risk Factors of DMD

different types of training and racing surface alter the risk to DMD
synthetic tracks reduce hoof and limb impact and loading force
  1. Age: DMD occurs most commonly in two to three-year-olds often within their first six months of training. It is rarely seen in horses with a mature skeleton (age four and over). However, this disease has been seen in five-year-olds especially if they have been stalled for a long amount of time after weaning and not racing until that age.

  2. Gender: It is believed that the gender of the horse does not alter its risk to DMD.

  3. Breed: Most common in Thoroughbreds but may be seen in both Standardbreds and Quarter horses. 

  4. Genetics: The risk of DMD is influenced by genetics as variation in limb bone geometry (inherited) behaves differently to force/strains on the bone. In addition, the longer the cannon bone, the greater the load is at flexion of the dorsal cortex of the bone, making it more susceptible to DMD.

  5. Training and racing surfaces: The different types of training and racing surface alter the risk to DMD because there are variations in the force applied to limbs as well as the acceleration rates of hoof impact.  Furthermore, the impact of these forces is increased with greater speed.  Dirt tracks tend to be the hardest surface, whereas synthetic tracks reduce hoof and limb impact and loading force. However, it is important to remember that the hardness all of these surfaces can be altered by a number of other factors such as:

fast work affecting bucked shins in racehorses

Training and racing surfaces

  • Different surface materials

  • Changes in weather, temperature and humidity

  • Surface maintenance (i.e., soaking, harrowing)

  • Changes in horse body weight

  • Age of surface, wear and tear of surface

  • Human opinion of condition of track

    6. Training: The length of time for bones to respond to different training practices is unknown. Although further research is required, it is suggested that fast work should be avoided in the early stages of training as it is thought that high-speed exercise introduced too quickly (within one month) was detrimental to bone health.

    7. Direction of training: Track direction varies globally. Thoroughbreds tend to lead with the inside forelimb around turns then switch to the outer forelimb on the straight. It has been suggested that due to greater forces on the leading limb on the turn, that limb is more at risk of bucked shins. However, more research is required to make accurate conclusions.

    8. Speed: Current research is contradictory. Some research indicates a reduction in the risk of DMD if the horse is trained at high speeds with every extra mile worked, and canter work increases the risk. However, other research suggests that short periods of work (< 1 month) at high speed increases the risk of DMD.

    9. Camber: In the U.S., tracks are usually flat in contrast with European tracks, which tend to vary in their design and often include slopes, twists, turns, uphill sections, and cambers, with turf being the prevalent surface.   In addition, races may be run straight, clockwise or counterclockwise.  Although it is known that this variation in track characteristics alters the horse’s gait, thus altering forces on the forelimbs, further research is needed to understand if these variations increase the risk of DMD.

How does DMD develop?

Bucked shin is the formation of tiny stress fractures on the front or inside of the cannon bone of the horse’s front legs. DMD occurs when the stress on the legs with high-speed training exceeds the bone’s ability to adapt to those stresses. 

Bone is a dynamic tissue that is constantly adapting its structure. Once the bone is formed in immature animals, the bone grows and changes shape by a process called modeling. Bone remodeling is different to modeling in that its function is to renew the skeleton and involves both bone resorption and formation to occur at the same location in a sequential manner.   

With high-speed training, there is high-strain fatigue, which causes excessive compression of the bone. During this compression, there is an insufficient amount of bone remodeling at the point of stress. At this site, this new bone is much weaker; thus, it is susceptible to inflammation, and pain and may lead to fractures.

Treatment of dorsal metacarpal disease

Treatment of DMD is designed to alleviate pain and inflammation while allowing the remodeling process of the bone to catch up with the damage that has been caused from stress cycling.

shock wave therapy commonly used as treatment of bucked shins

The core of the treatment is rest and providing pain relief, followed by a slow and gradual increase in exercise levels. 

Fractures of the bone cortex can be treated with surgery using lag screw fixation and osteostixis. Osteostixis is the drilling of many holes around the site of fracture in order to promote bone healing. Lag screw fixation is the drilling of a screw across the fracture line to compress and stabilize the bone. However, fracture recurrence is common with both techniques and requires five to six months out of training.

X-Ray used to diagnose bucked shins in racehorses lower limbs

There are additional treatments that may be used to complement core treatments. Extracorporeal shock wave therapy (ESWT) is commonly used for treatment and involves a highly concentrated, powerful acoustic (sound) energy source being applied to the site of injury. The rationale is that ESWT increases blood flow, increases growth of new blood vessels and increases the production of natural healing factors in the treated area. The research findings are limited on its effectiveness but anecdotally among the veterinary profession, it seems to work on bucked shins and stress fractures. 

In North America, horses are not permitted to race or breeze for 30 days following treatment as per the Horseracing Integrity and Safety Authority’s (HISA) rulings. In Europe, horses must not have had shock wave therapy on the day of racing, or on any of the five days before the race day in which the horse is declared to run. 

With all treatment options, there must be a careful and considered discussion with the veterinarian and all stakeholders on the desired outcome while bearing in mind the important factor of the horse’s welfare and wellbeing.

What about bisphosphonates?

Some clinicians are using a combination of shockwave and bisphosphonates (TildrenTM, OsPhosTM) to treat DMD. Bisphosphonates were first seen in human medicine and used for osteoporosis. Bones are constantly remodeling in a process that removes old bone cells and deposits new ones. Bisphosphonates help prevent bones from losing calcium and other minerals by slowing or stopping that natural process that dissolves bone tissue, thus, helping bones remain strong and intact. Veterinary surgeons report mixed results with these therapies, and long-term use of bisphosphonates is expensive and has serious consequences. Bisphosphonates are toxic to the gastrointestinal and renal systems, thus, potentially causing colic and kidney disease. Their safety has not been evaluated for the use in horses younger than four years old nor in pregnant and lactating mares.

RULES ARE CHANGING - Bisphosphonates

Why bucked shins are so prevalent in the racehorse

HISA’s Anti-Doping and Medication Control (ADMC) Program came into effect on March 27 and with it, new regulations regarding the presence and use of bisphosphonates.

The Horseracing Integrity & Welfare Unit (HIWU) states “The ADMC Program regulations categorize bisphosphonates as a banned substance, meaning that they are prohibited from being administered to, or present in, covered horses at any time. Covered horses that test positive for bisphosphonates under the ADMC Program are subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.”

“HIWU will not pursue disciplinary action against Covered Horses or their associated covered person(s) for the presence of bisphosphonates if the covered person(s) can provide documentation (e.g., medical records or a positive test result) to HIWU of the administration or presence of bisphosphonates prior to the implementation date of the ADMC Program.” 

In Europe, bisphosphonates are not to be administered to a racehorse under the age of three years and six months as determined by its recorded date of birth, on the day of the race or on any of the 30 days before the day of the race in which the horse is declared to run as per The International Federation of Horseracing Authorities rulings.

Training Regimens

With DMD, it must be remembered that it is an appropriate response for new bone formation when the cannon endures cyclic stress and injury. This injury cannot be ignored but addressed to reduce the risk of serious consequences.  Exercise is the root of the problem; therefore, the solution is to alter the patterns of exercise.   

Dr. David Nunamaker, DVM, of the University of Pennsylvania, has developed a training program, which is believed to reduce the risk of DMD. The rationale when developing this modified training program is that horses are not born with the right bone structure for racing.  The bones are to develop and adapt to racing. By providing training programs that mimic racing, the bones can adapt to the forces that are applied during racing, thus, reducing the risk of developing bucked shins.

When initiating this training regimen, it is assumed that young horses are broken to ride in autumn and able to gallop a mile by January so that training can start. 

Stage 1 (5-week duration) – Horses finish the gallops two times a week with the last 1/8th of the mile (last 200 meters of 1600 meters) completed in an open gallop in 15 seconds.

Stage 2 (5-week duration) – Twice a week, open gallops for ¼ of a mile (400 meters of 1600 meters) in 30 seconds including a one-mile (1600 meters) gallop.

Stage 3 (7-week duration) – The addition of speed work once per week.  Breezing (moderate speed) for ¼ mile (400 meters) and daily gallops lengthened to 1¼ miles twice per week for four weeks. In the following three weeks, the ¼ mile breeze is continued with a strong gallop out for another furlong (roughly 40 seconds total for a breeze). 

training program which is believed to reduce the risk of DMD

Conclusion

The findings of exercise research are often varied and contradictory due to many research variables, making comparisons and conclusions difficult. In addition, most of the research of musculoskeletal issues in racehorses uses racing data, but most injuries occur during training.

Because more research is needed, there remain conflicting views of the effects of racing on horses before skeletal maturity and the most effective and safe way to introduce speed exercise. At present, the data suggests that distance and speed should be implemented gradually and should include high-speed work at full racing speed.

The racing industry must continue to work cooperatively to address the welfare concerns associated with horses experiencing DMD.

What We Need to Know from HISA

Keeping up with the legal evolution of HISA is like playing monopoly onboard a ship in pitching seas—the players, tokens and money are strewn all over the deck.

Article by Annie Lambert

HISA Whip strike update

When the Horseracing Integrity and Safety Act (HISA) went into effect on July 1, 2022, few people involved with the Authority or stakeholders operating under the new rules could have predicted the political path the statute would trudge down.

Specifically, HISA’s Anti-Doping and Medication Control (ADMC) rules, which were to go into effect January 1, 2023, were put on hold. If/when enacted, the Horseracing Integrity & Welfare Unit (HIWU) will handle daily operations and administration of the ADMC. Drug Free Sport International will conduct the drug testing.

Multiple legal challenges from multiple entities in multiple jurisdictions snarled any further implementation of HISA. There were cheers from those opposing the new rules and jeers from those looking forward to implementing national uniform safety rules and anti-doping and medication control rules for Thoroughbred racing in the United States.

Race trackers took issue with the fact that they had little to no input in the rules and implementation of HISA. The Authority responded by creating the Horsemen’s Advisory Group (HAG). The group is composed of 19 owners, trainers and veterinarians along with representatives of racing offices, backside employees, farriers and aftercare enterprises. They began meeting monthly last November and will serve one- to two-year terms.

While the HAG may have settled some issues for horsemen, the legal suits continue. HISA appears confident that their legislation—which was written by legal experts specifically adept in constitutional law—will remain intact. 

The Politics

Dating back to early 2021, the lawsuits against HISA have been detailed ad nauseam. While the courts have knocked down some suits, a few remain standing at this time. All challenges include some variations of the constitutionality of the legislation regarding specific regulations, with others challenging the assessment formula, definitions, search and seizure regulations and/or FTC enforcement and other specifics. 

HISA Update

In mid-November, just six weeks prior to implementation of the ADMC, the United States Court of Appeals for the Fifth Circuit ruled HISA to be unconstitutional. The court felt that the legislation delegated unsupervised government power to a private entity. HISA rules are authorized by the Federal Trade Commission (FTC), which the court felt should provide closer supervision and have more input into the legislation.

Judge Joseph Hood, of the Sixth District Court, sided with the federal government on December 7 2022, suggesting the legislation established clear boundaries on HISA’s power, including a requirement that all rules be approved by the FTC. There is no timetable set for the court’s final decision.

On December 12, the FTC disapproved of proposed ADMC rules as submitted. The designated, independent enforcement agency of the ADMC program (HIWU) was prepared to enforce anti-doping and medication rules on January 1, 2023, if approved by the FTC. 

The FTC denied approval of the program rules “without prejudice” due to pending legal uncertainties. HISA will be resubmitting the ADMC rules. During the interim, state law will govern medication issues. The suspension of the ADMC also puts a hold on assessments that would be used to fund the program.

Kentucky Senator Mitch McConnell wrote a quick, short-worded clarification of HISA that was submitted with the recent Omnibus bill and passed the Senate on December 19 2022. The fix gives the FTC the power to “abrogate, add to, and modify the rules” of HISA as they see fit. The Omnibus bill passed the House of Representatives the following day, and President Biden signed it into law on December 29.

Legal wranglers for HISA have since asked a federal appeals court to set aside its ruling that declared the Authority unconstitutional in light of the legislation’s rewrite by Senator McConnell.

The Assessments

Much of life seems to come down to money; it may not be the root of all evil, but it does guide a lot of policy.

HISA Update

When the FTC did not accept HISA’s proposed ADMC in mid-December, state-owed payments due to fund the Authority were put on hold. Roughly $58.1 million in payments for 2023 are currently pending legal outcomes. The majority of those assessments pertain to the launch of the anti-doping program that has also been put into a holding pattern. Assessments already incurred for 2022 are required to be paid by the state commissions and the racetracks.

HISA’s total budget for the current year (2023) is slightly north of $72.5 million. That number includes nearly $37.4 million for operating the HIWU and drug testing work to be done by Drug Free Sport International.

A staff of 35 full-time employees will be in place by the end of this year, charged with implementing sound collection protocols and working to maintain continuity with existing collectors. They will also work on testing operations, compliance, quality assurance, education and industry outreach, good relations with state racing commissions and collaboration with laboratories, investigations and technology. 

The budget for 2023 provides $18.7 million for lab and research expenses toward implementing the ADMC program. 

State racing commissions received their assessed HISA operational expenses last October. Using a methodology set by HISA and approved by the FTC, the formula is calculated from total starts and the percentage of purses paid of total United States purses, other than the Breeders’ Cup World Championship races. 

States given the top assessments by HISA are New York ($8,660,471), Kentucky ($7,445,145), California ($7,344,139), Pennsylvania ($6,611,479) and Florida ($6,445,226). Payments are due in monthly payments; and if state commissions do not pay their assessments, their expense is passed to the racetracks. In states with multiple tracks, each track will be charged with a portion of the obligation based on a proportionate share of starts.

State racing commissions are able to reduce their assessments if they negotiate with HISA and HIWU and choose to provide sample collection personnel and investigative services in compliance with new ADMC program rules. HISA has provided $23 million to fund these racetrack contributions.

The Strikes

The HISA crop, or whip, regulations have created some turmoil. The consequences for overuse during a race can be stringent. 

HISA Whip strike update

Crop regulations (which also apply to exercise riders during morning workouts) have been in effect since July 1 2022 as part of the Integrity and Safety Authority. The main source of contention regarding the rules is striking a horse during a race more than six times. 

For seven to nine strikes during a race, jockeys face a one-day suspension plus a fine of either $250 or 10 percent of their share of the purse, whichever is greater. But strikes exceeding nine are punishable by more severe consequences. Those infractions do not alter the pari-mutuel payouts but can lead to a horse losing its total share of the purse money distributed to the owner, jockey and trainer. 

Ten to 13 strikes results in a $500 fine to the rider or his share of the purse, whichever is greater, plus a three-day suspension. At 10 or more strikes, the horse is also disqualified.

Graded stakes, including Breeders’ Cup races, are no exception. A recent Breeders’ Cup jockey struck his mount seven times – just one strike over – and received a one-day suspension and was assessed three points on his license as an additional penalty.

HISA rules created a point system for multiple violations by repeat offenders that will eventually have penalties compounded. Riders with 11 to 15 points on their license would receive an additional seven days of suspension in addition to the newest penalty. Riders with 16 to 20 points receive an additional 15-day suspension. With 21 or more points, a jockey could get a full 30-day “vacation.”

Points expire over six to 12 months post-violation; expirations are decided on a sliding scale based on the violation class assigned to those infractions.

Riders have acknowledged that keeping an accurate count of their hits can be difficult. And there are situations when use of a crop might keep a horse from causing a dangerous situation, e.g., drifting in or out. Several top jockeys have also noted that the extreme penalties give them cause to be more cautious of the regulations.

One jockey, who was listed in the standings where he was riding, was given a 30-day suspension when stewards said he showed a lack of effort, a “lackluster” finish, not consistent with his usual riding style. It sounded like a cloaked suggestion that he had pulled his mount. The rider, who did not appeal, reported that he thought he had reached his six-strike limit.

The National Jockeys’ Guild filed litigation against HISA, which they have recently dropped. There are purportedly ongoing negotiations with concern on rules, which HISA seems willing to negotiate to some degree. 

Whip violations are handed out after the race card is over. The stewards review race video prior to issuing the rulings. Both jockey and owner will have an opportunity to appeal.

The Contraband

There are two basic lists of drugs within the ADMC rules: “banned substances” and “controlled medications.” The FTC, of course, has not approved this portion of HISA, and there are only guesses as to when it will be put to use. 

During the interim, state regulators will continue to be responsible for medication rules, drug testing and enforcement.

HISA banned substances and contraband

In the past, trainers and veterinarians have relied on suggested withdrawal times to decide how far ahead of a race to give a particular drug. The new rules do not rely on withdrawal times. Federal laws, as written, require the Authority and HIWU to base medication rules on international standards for racehorses.

Foreign countries base their medication rules on the International Federation of Horseracing Authority guidelines, which do not provide withdrawal times. Instead, they provide “detection times.”

Detection times are based on peer-reviewed studies of a drug. In the study, a sample of horses are all given a drug and tested at periods of time afterwards. The detection time is the first time point at which all the horses in the study were negative for the drug given.

Due to variations in how drugs are metabolized in individuals, the detection times are a starting point for vets and trainers to decide when to withdraw a drug. Based on the individual horse, dosage and how it was administered the connections to the horse must be aware the outcome may change due to the variables.

If the lines between legal dosages and overages are so fine, it could lead one to assume racing officials would prefer horsemen not use the drug at all.

One trainer was suspended for seven calendar days, fined $3,000 and assessed two points on the Association of Racing Commissioners International scale for multiple medication violations for a lidocaine positive. Testing showed the horse had tested above the allowed amount of a “permissible medication.”

The involved horse was disqualified from the Maiden Special Weight race win and the purse redistributed. 

Shoeing regulations have been a big issue with trainers and farriers from the get-go. The initially approved shoe dimensions were not manufactured, and those dimensions eventually changed several times. It left horsemen confused.

The federal regulation that prevents the use of toe grabs on front shoes became an issue again when connections of a second-placed horse in a Gr. 2 stake questioned if the winner had front grabs. It was determined the winner was shod legally. The finish stood.

HISA update on prohibited shoes

Horses are commonly trained in different shoes than those they run in. Blacksmiths and examining veterinarians who see horses with prohibited shoes in the morning are said to be making trainers aware there would most likely be a problem if the horse were to race as shod. 

The voided claim is another regulated area that was foreign to some racing jurisdictions, while a state like California has been practicing for some time. 

HISA policy requires claims be voided if a horse is unsound in the test barn, experiences bleeding or has a post-race medication violation. These rules are in addition to policies many tracks had in place to void claims, such as a horse dying on track or having to be vanned off. To date, most voided claims were a result of post-race unsoundness or horses that bled.

In spite of legal frustrations and rules that horsemen feel are too restrictive and not beneficial to the Thoroughbred racing industry, HISA marches on. More horsemen being involved should help, but the learning curve seems too long for everyone in racing.

Prohibited Substances Overview

HISA Prohibited substances
  • Banned substances prohibited at all times, such as anabolic agents and diuretics or masking agents

  • Banned methods prohibited at all times, such as chemical castration or immunocastration

  • Controlled medication substances prohibited during the race period, such as analgesics and nonsteroidal anti-inflammatory drugs (NSAIDs)

  • Controlled medication methods prohibited during the race period, such as the use or administration of an alkalinizing agent

  • Prohibited substances and methods may be included in the prohibited list by general category or with specific reference to a particular substance or method. 

The prohibited list will be updated yearly.

Lazarus’ Lessons Learned

Lisa Lazarus, the chief executive officer for the Horseracing Integrity and Safety Authority (HISA)

Lisa Lazarus, the chief executive officer for the Horseracing Integrity and Safety Authority (HISA), pointed to the importance of sport-wide unity within the United States racing industry. Lazarus spoke during the Global Symposium on Racing held in early December at the University of Arizona in Tucson.

A year after taking her position with HISA, Lazarus pointed to 10 lessons she has learned:

  1. Racing’s strength is the diversity of viewpoints, which creates a lot of debate among industry leaders.

  2. Participants in the industry have a role in making HISA better, even those groups that have been critical of the Authority. That was her reason for adding the Horsemen’s Advisory Group to include all viewpoints in the rulemaking process.

  3. Criticism is expected and welcomed from the people who make a living at the track with skin in the game. 

  4. Stakeholder’s engagement, even criticism, is welcomed and will help make HISA and the industry better. 

  5. The vulnerability of jockeys, who must trust that the system has reduced the risk of injury to horses and riders, will be able to depend on jockey health initiatives via the racetrack safety program.

  6. Despite robust debate regarding the Authority, the racing industry has wanted uniform medication regulation for years. Racing participants who compete fairly deserve to know their competition is also competing fairly.

  7. The sport of racing has tried independent regulation because a voluntary system has not worked.

  8. Uniform rules must be accompanied by uniform implementation to work successfully.

  9. The Authority’s regulators should not be the focal point for the sport. They should be operating in the background to root out those with bad intentions, leaving the industry a focus on integrity.

  10. The Authority has incredible people who are committed to doing what is best for the industry. The intent is not to complicate people’s lives, but to help grow the industry through uniformity.

Justify & Jimson Weed - from the racetrack to the courtroom - positive test result for a banned substance on race day

By Peter J. Sacopulos

Justify, Jimson Weed &amp; Justice: From the Racetrack to the Courtroom By Peter J. Sacopulos Justify’s victory in the 2018 Santa Anita Derby served as the springboard for trainer Bob Baffert’s second Triple Crown triumph. In the wake of a 2019 New York Times article revealing the colt had tested positive for a banned substance on race day, Ruis Racing has filed a lawsuit against the California Horse Racing Board. Ruis claims the CHRB failed to do its duty, and the 2018 victory and the $600,000 first-place purse rightfully belong to Bolt d’Oro.A Duel at Santa AnitaAs the starting bell sounded for the million-dollar Santa Anita Derby on April 7, 2018, folks who knew racing knew the contest was likely to come down to a duel between two horses: Bolt d’Oro and Justify. Both were big, beautiful and born to run. Bolt d’Oro, owned/trained by Mick Ruis and ridden by Javier Castellano, had experience on his side. Justify, trained by Bob Baffert, had only two races to his credit, but the handsome colt had won both and was already tagged as a rising star. A first- or second-place finish in Santa Anita would guarantee a spot in the Kentucky Derby, and Baffert, who had captured the Triple Crown with American Pharaoh only three years earlier, publicly hinted that his latest protégé could go all the way as well.Baffert’s confidence seemed well placed when Justify, ridden by Mike E. Smith, took an early lead. Having firmly established themselves in second place, Castellano and Bolt D’Oro made their move in the final turn. With announcer Mike Worna describing the match as “prodigious talent versus established class,” Bolt d’Oro closed the gap and appeared ready to nose it out. But Justify sprang ahead in the final furlong, and prodigious talent won the day in an electrifying climax.History in the MakingThe rest, as they say, is history. Bob Baffert and Justify kept their string of victories going through a muddy Kentucky Derby, a foggy, rain-soaked Preakness, and a beautiful day at Belmont. Justify became the thirteenth horse to win the Triple Crown, and Baffert decked his already legendary status with fresh laurels. The trainer had chalked up an astonishing two Triple Crowns, five Kentucky Derbies, seven Preakness Stakes, three Belmont Stakes and three Kentucky Oaks.Baffert had his eyes on The Grand Slam, but a problem with his superstar’s left front ankle led to the stallion’s retirement in late July 2018. Justify had earned $3,798,000 in six races. He followed Seattle Slew as the second winner in Triple Crown history to retire undefeated. Breeding rights were sold for a reported $60 million, plus a $25-million bonus for the Triple Crown triumph. Justify’s stud fee was reportedly set at $150,000.A Stunning Revelation &amp; Angry AllegationsThen, last fall, a dark cloud appeared above the green pastures of Justify’s retirement. On September 11, 2019, The New York Times ran an article headlined, “Justify Failed a Drug Test Before Winning the Triple Crown.” Racing journalist Joe Drape revealed what the California Horse Racing Board and the horse’s trainer and owners had managed to keep secret for over a year. Justify had tested over the acceptable limit for scopolamine on the day of his crucial victory at Santa Anita.That would have been a bombshell in and of itself. But the article went on to detail a series of questionable actions by the California Horse Racing Board (CHRB) in the aftermath of the positive test. Actions that, in the eyes of many, defied logic, violated procedure, and made mockery of ethics and transparency. Some even claimed the governing body had violated California law.Less than two weeks after the Times article appeared, California Governor Gavin Newsom publicly blasted the CHRB and the horse racing industry. “What happened last year was unacceptable, and all of the excuses be damned. We own that going into next season, and we’re going to have to do something about it,” Newsom told the Times. “I’ll tell you, talk about a sport whose time is up unless they reform. That’s horse racing,” the governor continued. He went on to excoriate the industry’s treatment of racehorses and warn that industries that don’t reform themselves get reformed by others.A Race Becomes a CaseIn January 2020, Ruis Racing, which owned and trained Bolt d’Oro, filed a lawsuit in the California courts. The suit contends that, under the California rules for Thoroughbred racing, Justify must be disqualified from the 2018 Santa Anita Derby, Bolt d’Oro must be recognized as the race’s rightful winner, and Ruis Racing must be awarded the first-place prize money. ($600,000 vs. their $200,000 second-place purse.) The suit also claims that the CHRB knowingly violated statutes and procedures, and that Ruis Racing is entitled to compensatory damages and reimbursement for all legal costs incurred by the suit.In the wake of the first Times article, Bob Baffert released a statement declaring that neither he nor his staff administered scopolamine to Justify prior to the Santa Anita run, or to any of his horses, ever. The statement said the substance had undoubtedly entered the horse’s system due to ingesting jimson weed—a natural source of scopolamine that can turn up in hay, straw and cereal grains. Baffert further stated that the CHRB had found no wrongdoing, that he had no influence over the Board or its decisions, and that Justify had tested clean in all of his other races.Getting into the WeedsBaffert’s statement correctly identified jimson weed as an environmental source of scopolamine. The chemical is a naturally occurring alkaloid found in noxious plants, including jimson weed. Invasive and aggressive, jimson weed is despised by farmers around the globe. Its defenses against nature’s plant-eaters include thorny seed pods, an unpleasant smell, and an extremely bitter flavor. Scopolamine not only contributes to the plant’s unappetizing taste, it adds toxicity. Though used in small amounts in human digestive remedies for centuries, modern medical experts consider jimson weed ineffective and unsafe, since ingesting the plant or its seeds can produce vomiting, seizures, muscle cramps and death. Its toxic effects extend to horses as well.While horses would likely avoid dining on jimson weed in natural surroundings, the plant is impossible to totally eradicate from modern farm fields, and small amounts of it occasionally turn up in horse feed, hay and straw. Horses that eat parts of the plant or its seeds will test positive for both scopolamine and atropine, another alkaloid found in jimson weed. The presence of both alkaloids in a horse’s blood or urine is typically taken as a sign of environmental contamination via jimson weed ingestion.The presence of scopolamine without atropine in test results would likely be evidence that a horse has been treated with Buscopan, a pharmaceutical approved by the FDA for the treatment of spasmodic colic in horses. This is because Buscopan contains a synthetic compound that is remarkably similar to scopolamine. In addition to relieving colic, the drug could also relax airways in the lungs, improving airflow. Buscopan’s labeling identifies increased heart rate as the drug’s major side effect.Science &amp; SubstanceWhile scopolamine might theoretically increase racing performance, there is no scientific evidence indicating the alkaloid is an effective performance enhancer. As with many other substances, scopolamine is banned based on its theoretical potential, not real-world results.The New York Times piece that revealed Justify’s failed drug test reported a high level of scopolamine in the colt’s post-race urine sample: 300 ng/mml—well above the common industry thresholds of 60 or 75 ng/mml. The article never stated that Baffert or anyone on his staff had doped the horse. It did, however, include a disturbing quote regarding that high level from Dr. Rick Sams, who headed the Kentucky Horse Racing Commission’s drug laboratory for some seven years. “I think it has to come from intentional intervention,” Sams said.Many came to Baffert’s defense, including Tim Layden, who penned an article for NBCSports.com. Layden pointed out that Sams is a respected PhD and lab chief but is not a veterinarian, and that no vets’ or other experts’ opinions, some of which might well have contradicted Sams, were offered in the Times piece. Similar to an article I co-authored for The Horseman’s Journal, Layden outlined a case for environmental contamination at Santa Anita due to the presence of jimson weed in locally sourced hay and straw.The Environmental Contamination DefenseThe arguments for environmental contamination are hard to dismiss. Historically speaking, scopolamine positives have been few and far between. They often occur in clusters, which is an indicator of plant contamination. The Association of Racing Commissioners International (ARCI) recorded 28 positive scopolamine results over 30 years—22 of which occurred in California. Jimson weed thrives in the state, and its natural drought resistance makes it more likely to show up in feed when dry conditions reduce crop yields. In 2016, the CHRB officially warned industry professionals in Del Mar of the presence of jimson weed in straw.In 2018, Justify was one of six horses that tested positive for scopolamine in California around the time of the Santa Anita Derby, making feed contamination a likely culprit. All six animals also tested positive for atropine—a strong indicator that a plant, not a pharmaceutical, was the source of the compound.The presence of scopolamine at 300 ng/ml in Justify’s urine does seem high. But the presence of a substance in a urine sample indicates that it has been eliminated from the animal’s bloodstream by the kidneys. Properly functioning kidneys work to flush out as much of a natural or synthetic toxin as quickly as possible. Complicating matters, the level of a horse’s hydration and the acidity of its urine can also affect the levels of substances in its urine—all of which makes the measuring of substances in the blood a far more accurate indicator. As of this writing, the CHRB has not officially released Justify’s post-Santa-Anita test results. But multiple sources have reported that the level of scopolamine in Justify’s blood test was significantly lower.When it comes to Ruis Racing’s civil lawsuit, whether Justify accidentally nibbled on jimson-weed-tainted feed or was deliberately doped is strangely beside the point. After all, Ruis Racing isn’t suing Bob Baffert or Justify’s ownership group. Mick Ruis and his family are suing the California Horse Racing Board. And their case has the potential to shake American Thoroughbred racing to its core.What the CHRB Did &amp; Didn’t DoThe following timeline chronicles CHRB’s actions during 2018 in light of Justify’s positive test for scopolamine. The timeline is based on press reports and information in the Ruis’ legal filing. Be aware that the CHRB’s refusal to publicly release all relevant information makes some dates and details impossible to pin down.On April 7, Justify won the Santa Anita Derby. Post-race samples were drawn from the horse for testing and sent to the official CHRB laboratory. On April 18, the lab reported the detection of scopolamine in Justify’s samples to the CHRB. CHRB rules required that both the organization’s executive director and medical director be notified.On April 20, the CHRB’s legal counsel, its chief investigator, and Executive Director Rick Baedeker received an email from CHRB Equine Medical Director Dr. Rick Arthur. The email noted that the Justify matter should be “handled differently than usual.”On April 26, Bob Baffert was notified of the test results and requested a split sample for independent testing. The split sample was sent to the lab on May 1. Justify won the Kentucky Derby on May 5. Three days later, on May 8, the split sample results confirmed the presence of scopolamine. CHRB Executive Director Baedeker informed Board members that, “The CHRB investigations unit will issue a complaint and a hearing will be scheduled.” (No complaint was issued, and no hearing was scheduled.)On May 19, Justify won the Preakness. On May 24, news of the horse’s breeding rights sale broke in The New York Times.At some point in May, the CHRB drafted revised drug classification rules, reducing the penalties for scopolamine. Under the proposed rules, what was a Class 3/Penalty B violation would become a Class 4/Penalty C violation. These changes would rescind requirements for disqualification and forfeiture of winnings.On June 9, Justify won the Belmont Stakes, clinching the Triple Crown.On a date in late August, the CHRB is believed to have held a closed or executive meeting to discuss the Justify situation. It appears that in the course of this meeting, Executive Director Rick Baedeker recommended the case be dismissed, and all those present voted to do so.In October, 2018, the CHRB’s revised rules for scopolamine officially took effect.Ruis Racing Weighs InThe Justify matter remained a well-kept secret until the Times published its exposé. In the months since, individuals who were members of the CHRB when Justify tested positive for scopolamine have spoken publicly about the matter. They have stated that an internal investigation determined that the scopolamine discovered in Justify’s urine was the result of accidental jimson weed ingestion, and the Board acted properly in allowing Justify to remain as the Santa Anita Derby winner while taking no further actions against Baffert or his horse. No harm, no foul. Mick Ruis and his attorneys disagree.The core of the Ruis Racing claim is that the CHRB failed in its mandatory duty by not following or enforcing its own rules, as required by California law. At the time of the 2018 Santa Anita Derby, California rules required a horse testing over the limit for scopolamine be disqualified, and any purse won be forfeited. Period.The Ruis suit claims that the CHRB did not apply the proper penalty at the time of the Santa Anita Derby, deviated from standard testing procedure, and failed to properly redistribute prize money after Justify’s positive scopolamine test. It also claims the CHRB failed in its mandatory duty, utilized a non-existent rule and an unofficial, illegal testing procedure, abused its powers of discretion, treated evidence in a selective manner, and applied a secret, unofficial standard. The lawsuit states that this amounts to arbitrary and capricious behavior by the Board, and that such behavior is biased, unacceptable and illegal, and violates Mick Ruis’ constitutional rights. There’s more, but you get the idea.Secrecy, Transparency &amp; the Future of the SportYou may believe Justify accidentally ingested jimson weed in his feed and was vindicated by the CHRB. Or you may feel the CHRB played fast and loose to protect the record and reputation of a legendary trainer and his superstar horse. But no matter where you stand on the issue, it’s difficult not to be disheartened by the California Board’s lack of transparency in its processes and decisions regarding Justify’s scopolamine positive.As with all horse racing authorities in the U.S., the CHRB is supposed to enforce defined rules in a fair, consistent and uniform manner in order to protect horses, industry professionals, and above all, the public. It’s hard to see how the Board’s secrecy surrounding the Justify test results dovetails with that mission.Whatever the judge decides, Ruis Racing’s case will likely have deep, lasting ramifications for the horse racing industry. As the particulars play out in court, we would all do well to remember Governor Newsom’s warning to the racing industry and its regulators: “If you don’t reform yourself, you’re going to get run over and others are going to reform you in ways that you don’t like.” I could not have said it better myself. ####################

Justify’s victory in the  2018 Santa Anita Derby served as the springboard for trainer Bob Baffert’s second Triple Crown triumph. In the wake of a 2019 New York Times article revealing the colt had tested positive for a banned substance on race day, Ruis Racing has filed a lawsuit against the California Horse Racing Board. Ruis claims the CHRB failed to do its duty, and the 2018 victory and the $600,000 first-place purse rightfully belong to Bolt d’Oro.  

Justify with trainer Bob Baffert.

Justify with trainer Bob Baffert.

A Duel at Santa Anita

As the starting bell sounded for the million-dollar Santa Anita Derby on April 7, 2018, folks who knew racing knew the contest was likely to come down to a duel between two horses: Bolt d’Oro and Justify. Both were big, beautiful and born to run. Bolt d’Oro, owned/trained by Mick Ruis and ridden by Javier Castellano, had experience on his side. Justify, trained by Bob Baffert, had only two races to his credit, but the handsome colt had won both and was already tagged as a rising star. A first- or second-place finish in Santa Anita would guarantee a spot in the Kentucky Derby, and Baffert, who had captured the Triple Crown with American Pharaoh only three years earlier, publicly hinted that his latest protégé could go all the way as well. 

Baffert’s confidence seemed well placed when Justify, ridden by Mike E. Smith, took an early lead. Having firmly established themselves in second place, Castellano and Bolt D’Oro made their move in the final turn. With announcer Mike Worna describing the match as “prodigious talent versus established class,” Bolt d’Oro closed the gap and appeared ready to nose it out. But Justify sprang ahead in the final furlong, and prodigious talent won the day in an electrifying climax.

History in the Making

The rest, as they say, is history. Bob Baffert and Justify kept their string of victories going through a muddy Kentucky Derby, a foggy, rain-soaked Preakness, and a beautiful day at Belmont. Justify became the thirteenth horse to win the Triple Crown, and Baffert decked his already legendary status with fresh laurels. The trainer had chalked up an astonishing two Triple Crowns, five Kentucky Derbies, seven Preakness Stakes, three Belmont Stakes and three Kentucky Oaks. 

Baffert had his eyes on The Grand Slam, but a problem with his superstar’s left front ankle led to the stallion’s retirement in late July 2018. Justify had earned $3,798,000 in six races. He followed Seattle Slew as the second winner in Triple Crown history to retire undefeated. Breeding rights were sold for a reported $60 million, plus a $25-million bonus for the Triple Crown triumph. Justify’s stud fee was reportedly set at $150,000.

A Stunning Revelation & Angry Allegations

Then, last fall, a dark cloud appeared above the green pastures of Justify’s retirement. On September 11, 2019, The New York Times ran an article headlined, “Justify Failed a Drug Test Before Winning the Triple Crown.” Racing journalist Joe Drape revealed what the California Horse Racing Board and the horse’s trainer and owners had managed to keep secret for over a year. Justify had tested over the acceptable limit for scopolamine on the day of his crucial victory at Santa Anita.

That would have been a bombshell in and of itself. But the article went on to detail a series of questionable actions by the California Horse Racing Board (CHRB) in the aftermath of the positive test. Actions that, in the eyes of many, defied logic, violated procedure, and made mockery of ethics and transparency. Some even claimed the governing body had violated California law.

Less than two weeks after the Times article appeared, California Governor Gavin Newsom publicly blasted the CHRB and the horse racing industry. “What happened last year was unacceptable, and all of the excuses be damned. We own that going into next season, and we’re going to have to do something about it,” Newsom told the Times. “I’ll tell you, talk about a sport whose time is up unless they reform. That’s horse racing,” the governor continued. He went on to excoriate the industry’s treatment of racehorses and warn that industries that don’t reform themselves get reformed by others.

A race becomes a case

Bolt d’Oro

Bolt d’Oro

In January 2020, Ruis Racing, which owned and trained Bolt d’Oro, filed a lawsuit in the California courts. The suit contends that, under the California rules for Thoroughbred racing, Justify must be disqualified from the 2018 Santa Anita Derby, Bolt d’Oro must be recognized as the race’s rightful winner, and Ruis Racing must be awarded the first-place prize money. ($600,000 vs. their $200,000 second-place purse.) The suit also claims that the CHRB knowingly violated statutes and procedures, and that Ruis Racing is entitled to compensatory damages and reimbursement for all legal costs incurred by the suit.

Trainer Bob Baffert is interviewed after winning the 2018 Santa Anita Derby.

Trainer Bob Baffert is interviewed after winning the 2018 Santa Anita Derby.

In the wake of the first Times article, Bob Baffert released a statement declaring that neither he nor his staff administered scopolamine to Justify prior to the Santa Anita run, or to any of his horses, ever. The statement said the substance had undoubtedly entered the horse’s system due to ingesting jimson weed—a natural source of scopolamine that can turn up in hay, straw and cereal grains. Baffert further stated that the CHRB had found no wrongdoing, that he had no influence over the Board or its decisions, and that Justify had tested clean in all of his other races.

Getting into the Weeds

Justify, ridden by Mike Smith, in the winners circle after winning the 2018 Santa Anita Derby.

Justify, ridden by Mike Smith, in the winners circle after winning the 2018 Santa Anita Derby.

Baffert’s statement correctly identified jimson weed as an environmental source of scopolamine. The chemical is a naturally occurring alkaloid found in noxious plants, including jimson weed. Invasive and aggressive, jimson weed is despised by farmers around the globe. Its defenses against nature’s plant-eaters include thorny seed pods, an unpleasant smell, and an extremely bitter flavor. Scopolamine not only contributes to the plant’s unappetizing taste, it adds toxicity. Though used in small amounts in human digestive remedies for centuries, modern medical experts consider jimson weed ineffective and unsafe, since ingesting the plant or its seeds can produce vomiting, seizures, muscle cramps and death. Its toxic effects extend to horses as well. …

CLICK HERE to return to issue contents

BUY THIS ISSUE IN PRINT OR DOWNLOAD

ISSUE 56 (PRINT)

$6.95



ISSUE 56 (DIGITAL)

$3.99


WHY NOT SUBSCRIBE?

DON'T MISS OUT AND SUBSCRIBE TO RECEIVE THE NEXT FOUR ISSUES!

Four issue subscription - PRINT & ONLINE - ONLY $24.95