Baffert: Ointment Could Have Caused Derby Drug Positive

Trainer Bob Baffert issued a statement via his attorney May 11 suggesting Medina Spirit 's post-race positive test for betamethasone in the Kentucky Derby Presented by Woodford Reserve (G1) may have been the result of exposure from an ointment that was applied to the colt for dermatitis.

Pending the results of a split sample test for the corticosteroid, the Derby winner faces possible disqualification from the May 1 race. Betamethasone, primarily administered to horses in joint injections, is a Class C drug that is allowed in Kentucky as a therapeutic, but state rules require at least a 14-day withdrawal time before racing and any level of detection on race day is a violation. 

Authorities noted that even under the scenario outlined Tuesday by Baffert, the trainer could still face sanctions and the owner could still see the horse disqualified. Racing rules require the trainer to be absolutely responsible for the horse's condition on race day, meaning they need to be aware of the drugs administered to their horse relative to the rules.

According to Baffert, his staff began treating Medina Spirit with Otomax, an anti-fungal ointment, on the suggestion of his veterinarian to treat dermatitis on the colt's hind end that developed after his runner-up finish in the Runhappy Santa Anita Derby (G1) early last month. He did not realize the ointment contained betamethasone until May 10, soon after he began an investigation into what might have led to the positive test.

"On May 9, 2021, I held a press conference in which I stated that I intended to thoroughly investigate how this could have happened and that I would be completely transparent throughout the process," Baffert said in Tuesday's statement distributed by his lawyer, Craig Robertson. "I immediately began that investigation, which has resulted in me learning of a possible source for the betamethasone, and now, as promised, I want to be forthright about what I have learned.

"Following the Santa Anita Derby, Medina Spirit developed dermatitis on his hind end. I had him checked out by my veterinarian who recommended the use of an anti-fungal ointment called Otomax. The veterinary recommendation was to apply this ointment daily to give the horse relief, help heal the dermatitis, and prevent it from spreading. My barn followed this recommendation and Medina Spirit was treated with Otomax once a day up until the day before the Kentucky Derby. Yesterday, I was informed that one of the substances in Otomax is betamethasone. While we do not know definitively that this was the source of the alleged 21 picograms (per milliliter of blood or plasma) found in Medina Spirit's post-race blood sample, and our investigation is continuing, I have been told by equine pharmacology experts that this could explain the test results. As such, I wanted to be forthright about this fact as soon as I learned of this information."

According to the Merck Animal Health website, Otomax is advertised as a treatment for canines for acute and chronic otitis externa. Merck's website prominently indicates the gel contains betamethasone valerate among its active ingredients.

Medina Spirit's owner, Amr Zedan of Zedan Racing Stables, released the following statement Tuesday: "Bob Baffert reported today that a topical ointment that was recommended and dispensed by an equine veterinarian to treat a skin rash appearing on the hips of Medina Spirit may have been the contaminant source leading to the post-race positive following Medina Spirit's Kentucky Derby victory. I have reviewed the picture of the rash and fully understand the need for care and the good faith intentions in using the ointment supplied by the veterinarian. I want to express my full trust and support for Bob Baffert as we cheer on Medina Spirit in the 146th running of the Preakness this weekend."

The Racing Medication and Testing Consortium is the industry group that helps shape medication and testing policies. RMTC executive director and COO Mary Scollay noted that details like the ones Baffert released Tuesday about the application of the ointment could mitigate sanctions for a trainer but she noted the trainer is still ultimately responsible for what's in a horse's system on race day.

"If the stewards feel that he had made a legitimate effort to understand the treatments the horse was receiving or they determined the veterinarian did not sufficiently disclose information, they could mitigate penalties, but that doesn't negate the finding," Scollay said.

In terms of mitigating circumstances, such a situation played out with two Baffert-trained horses who tested positive for lidocaine after racing May 2, 2020, at Oaklawn Park: Charlatan  in a division of the Arkansas Derby (G1) and eventual champion female sprinter Gamine  in an allowance-level race. The stewards initially had disqualified both horses from victory and suspended Baffert for 15 days. 

But in a decision last month, the Arkansas Racing Commission reinstated the wins and changed Baffert's penalty to a fine of a total of $10,000 after arguments were made during a two-day hearing that the positives could have been caused by environmental contamination. Testimony noted a pain patch worn by a Baffert assistant. Also, documents were presented showing one other horse from Charlatan's race tested positive for lidocaine, although at a level below the threshold. 

It should be noted that concerns about possible environmental contamination are different than what Baffert outlined Tuesday, when he said Medina Spirit was treated with an ointment that contained betamethasone. 

Besides being sanctioned for those two Oaklawn Park positives, in January Baffert was fined $1,500 after Gamine tested positive for betamethasone after running third in the 2020 Longines Kentucky Oaks (G1). Gamine was disqualified and placed last, costing owner Michael Lund Petersen $120,000 in earnings.

Last November Baffert was fined $2,500 after then 3-year-old Merneith  tested positive for the medication dextromethorphan in a post-race test taken after the filly finished second in the fourth race July 25 at Del Mar. Initially after that finding, Baffert's attorney suggested that positive may have been a case of environmental contamination linked to a groom taking cough medicine.

Ed Martin is president of the Association of Racing Commissioners International, the umbrella regulatory group of state racing regulators. Martin has grown tired of both the positives and the excuses.

"As the facts now stand, the substance was in the horse at a level it should not have been," Martin said in a May 10 statement. "The Kentucky commission is investigating and will take appropriate action based on the facts of the case as they develop."

In November, following the positive drug tests for Charlatan, Gamine, and Merneith, Baffert announced plans to increase scrutiny and security measures around his barns. At that time, Baffert announced the retention of Dr. Michael Hore of Hagyard Equine Medical Institute "to add an additional layer of protection to ensure the well-being of horses in my care and rule compliance."

In an interview following Tuesday's statement, Robertson declined to name the veterinarian that Baffert's statement indicated as recommending the use of the ointment.

"I don’t know that I want to answer that question. I don’t want to be perceived as me or Bob throwing that veterinarian under the bus," Robertson said.

Asked if Hore had cleared the use of Otomax, he replied: "I don't know that the veterinarian that recommended it consulted Dr. Hore."

Hore didn't immediately return a telephone message seeking comment.

According to Robertson, Hore had told Baffert last year that betamethasone was not to be used "in any way, shape, or form" after Gamine tested positive for the medication after the Oaks.

Baffert said on Sunday that Gamine was injected with betamethasone 18 days before the Oaks, outside the 14-day withdrawal guideline.

"As I have stated, my investigation is continuing and we do not know for sure if this ointment was the cause of the test results, or if the test results are even accurate, as they have yet to be confirmed by the split sample," Baffert's Tuesday statement continued. "However, again, I have been told that a finding of a small amount, such as 21 picograms, could be consistent with application of this type of ointment. I intend to continue to investigate and I will continue to be transparent."

Scollay noted that horsemen routinely bring up the precise levels of testing. She said it's important to remember that the 21 picograms referenced is just from one milliliter of blood. There are 1,000 milliliters in a liter of blood and about 55 liters of blood in a Thoroughbred.

"So the minimum amount of drugs in the body is 21 picograms times 55,000," Scollay said. "And we're just talking about the amount of drug in the blood. We don't know how much drug has entered the muscles, the other tissues—left the blood and entered other spaces in the body that we don't measure."

Used to treat pain and inflammation, betamethasone is a corticosteroid that typically is administered through an injection. Kentucky is in line with the industry trend of tightening restrictions for corticosteroids by pushing back the withdrawal time for which they can be administered to 14 days before a race, up from the previous seven days. There is no acceptable threshold.

"I want to reiterate two points I made when this matter initially came to light," Baffert continued in his statement. "First, I had no knowledge of how betamethasone could have possibly found its way into Medina Spirit (until now) and this has never been a case of attempting to game the system or get an unfair advantage. Second, horse racing must address its regulatory problem when it comes to substances which can innocuously find their way into a horse's system at the picogram (which is a trillionth of a gram) level. Medina Spirit earned his Kentucky Derby win and my pharmacologists have told me that 21 picograms of betamethasone would have had no effect on the outcome of the race. Medina Spirit is a deserved champion and I will continue to fight for him."

If Medina Spirit's follow-up split-sample test confirms the presence of betamethasone, Kentucky rules authorize disqualification of the horse and penalties toward Baffert, absent mitigating circumstances.

A disqualification would result in Juddmonte's Mandaloun  being awarded victory in the Kentucky Derby. He crossed the wire second, a half-length behind Medina Spirit.