Trainer Brendan Walsh has sent a letter to his owners contending that a post-race test that found multiple non-steroidal anti-inflammatory drugs in Saham after his third-place finish in the Transylvania Stakes (gr. IIIT) at Keeneland was the result of a veterinarian's error.
In the letter that the trainer also sent to Blood-Horse, Walsh said he understands that as a trainer he has the ultimate responsibility for his horses' care, but he wanted his owners to know that the positive followed a mistake made at the barn and was not intentional.
"Unfortunately for me there is a rule, and rightfully so in most cases, that a trainer must accept responsibility for anything that happens to one or all of his horses under his care at the time, and so I have to accept a penalty as well," Walsh said in the letter. "Which I feel in a way is right, but I also feel wrongfully treated about because I did not set out to do anything that was not permitted and did not intend any malice or to cheat in any way, shape, or form!"
The Kentucky stewards' ruling filed with the Kentucky Horse Racing Commission reported that Walsh waived his right to a formal hearing and will be suspended from July 5-14 and fined $500. Walsh accepted those sanctions. Owner Sultan Bin Mishal was informed that Saham will be disqualified from his third-place finish and lose his $10,000 in purse money.
Kentucky Chief Steward Barbara Borden said based on informal discussions with Walsh, his veterinarian Dr. Robert Landry, and an owner's representative, it's plausible that a mistake occurred. She said that assesment and the fact that Walsh had not had a previous infraction factored in the level of sanctions.
Borden noted that the charges were serious as the blood tests found ketoprofen at 17 nanograms per milliliter (above the primary threshold), flunixin at 7.6 ng/ml (above the secondary threshold), and phenylbutazone (bute) at .82 micrograms per milliliter (above the secondary threshold). Borden added that whether a horse was intentionally drugged or drugged because of a mistake, the end result is a horse running with too much medication in its system and that sanctions were in order.
The stewards fined Landry $1,500. In Walsh's letter, he said Landry agreed to pay Walsh's $500 fine.
Walsh said he accepts the sanctions but wanted his owners to know that Saham raced in that condition because of a mistake. Walsh said he had Saham entered for the April 15 Transylvania and Saa Mi, who was in the stall next to Saham, entered in an April 16 allowance race at Keeneland.
According to Walsh, both horses were to receive ketoprofen at 48 hours before the race and a shot of bute at 24 hours out, but Walsh believes Landry made a mistake and instead of giving each horse ketoprofen over two days, Saham was administered ketoprofen two days in a row.
Like many states aiming to prevent the stacking of NSAIDs, when one NSAID surpasses the primary threshold, there are lower thresholds for any other NSAIDs in the horse's system. In this case, those NSAIDs were flunixin and phenylbutazone which Kentucky reported surpassed that secondary threshold.
Walsh said in his letter that he has put new protocols in place at his stable to prevent future mistakes.
"Finally I want to say that I have taken any measures that I can possibly take to ensure that this will never happen again. I have spoken to my staff about it and having had a good professional system in place already, we have tightened things up even more. My vet is distraught over this, but it was a human error that everyone makes in all walks of life every day. He has been fined $1,500 and has also reimbursed me for my fine of $500," Walsh said in his letter, later adding, "I do realize I have a certain responsibility in this situation and, like I said, I have taken all reasonable measures to ensure that this does not ever happen again. I have been to hell and back over this situation and I have to live with this on my record for the rest of my career, which is really hurtful because I would never do anything that would harm my horses, which anyone that knows me will testify."