Uncertainty as Delaware Drops Pletcher Case

A recommendation by an attorney for Delaware racing stewards to drop a therapeutic medication overage case against multiple Eclipse Award-winning trainer Todd Pletcher could impact the sport's move toward uniform medication rules, according to Pletcher's attorney in the case.

In news first covered by Frank Vespe's blog on Mid-Atlantic racing, The Racing Biz, Delaware stewards opted this year to not move forward on an overage for the corticosteroid betamethasone in grade I winner Princess of Sylmar following the Pletcher trainee's runner-up finish as the 1-5 favorite in last year's Delaware Handicap (gr. I). No one disputed the finding of Delaware's equine testing laboratory—then LGC Science in Lexington—of the split-sample comfirmation.

Delaware Thoroughbred Racing Commission executive director John Wayne said Delaware deputy attorney general Edward Black, serving in a prosecutor role for the stewards, determined the Delaware rule for betamethasone was not subjected to the proper peer review and publication requirements and advised the case not be prosecuted.

Because Delaware follows the National Uniform Medication Program rules on therapeutic medications in racing, Pletcher's attorney, Karen Murphy, believes Black's determination that the science of the Racing Medication and Testing Consortium rule on betamethasone didn't meet the Daubert Standard could have wide-ranging impact. The standard, which stems for a court case, provides for a rule of evidence in regard to expert testimony.

"The fact that the deputy attorney general of Delaware made the decision not to proceed cuts across all of the substances that are part of that schedule," Murphy said. "I haven't studied every one of them—some of them may have science that has been conducted, has been reviewed, and is available, but I think there's a good chunk of medications that are like betamethasone.

"I think it raises serious and significant concerns about the adoption of these medication rules.

RMTC executive director Dionne Benson believes Delaware had enough to move forward with the case and doesn't believe it will have wide-ranging impact.

"The important thing to remember is that this is a decision not to prosecute—not a decision by a court that the threshold is insufficient," Benson said. "Other jurisdictions have successfully administered the betamethasone threshold for nearly a year with few positives. In truth, the betamethasone threshold should not be a challenge for veterinarians and trainers to meet."

Betamethasone carries RMTC guidance of a seven-day withdrawal time.

Wayne noted that another significant reason Black recommended not moving forward with the case was because of lab delays. Delaware was one of the states affected by significant delays last year at LGC Science, which in 2014 served as Delware's lab before the state decided to opt out of its contract because of the problems.

Wayne said thise Pletcher case was one of several that got carried over into 2015 because of lab delays.

As for the RMTC rules, Murphy said the research behind the RMTC's betamethasone threshold of 10 picograms per milliliter of plasma or serum—in terms of what was given to her—amounts to a single, unpublished page that Murphy said lacked a date, attribution, and other significant information.

Benson said the information given to Murphy was a summary of the data results in graph form. Benson said confidentiality agreements for researchers on unpublished studies do not allow the RMTC to give Murphy more than that summary.

Benson said researchers on the RMTC Scientific Advisory Committee are preparing to publish the research and, in general, research cannot be made available prior to submission for publication.

Murphy said it's important for rules to be based on published science that has had peer review.

"The peer-review standard is high but it's something we all should strive for," Murphy said. "You're saying, 'Here's my theory, here's my data, here's my results. Punch some holes in it.' Or the scientific community says job well done.

"They have to defend their rules, particularly threshold levels because (horses) can race with a certain level in them. You'd presume it's an acceptable level because it's a level playing field, no performance enhancement, but needed as a therapeutic."

Benson said the betamethasone threshold level did receive peer review from the RMTC's Scientific Advisory Committee and Corticosteroid Expert Group.

"These individuals are experts in their respective fields and represent well over 300 years of cumulative experience," Benson said. "They included leading researchers in the field of equine corticosteroid analytical chemistry, experienced private and regulatory veterinarians, well-respected corticosteroid experts, and preeminent equine orthopedic surgeons.

"This threshold, along with the other corticosteroid thresholds, has more peer review than many published articles."

Benson noted that thresholds do not have to be set according to peer-reviewed and published research.

"That is simply not true and is, in my opinion, a defense attorney red herring," Benson said. "The requirement is the regulatory agency make a reasonable decision based on what was presented to them for consideration."