A Classic Case of Environmental Contamination

[Chief Stipe]

VanMeter Gets $25,000 Fine, Suspension Overturned

An arbitrator Sept. 26 overturned the fine and suspension handed down to trainer Dennis VanMeter by the Horseracing Integrity and Welfare Unit. 

The 76-year-old VanMeter was initially provisionally penalized with a two-year suspension and a $25,000 fine for negligence following the positive test for isoxsuprine in his horse Templement , after a June 7 allowance race at Thistledown. Templement's positive test resulted in VanMeter's provisional suspension July 6. 

According to the National Library of Medicine, Isoxsuprine "has been suggested for use in horses for treatment of navicular syndrome and laminitis."

Arbitrator Laura Abrahamson in her judgment noted VanMeter did not contest the positive result, lab procedure, or the analyses of the sample taken from Templement. But said that finding the defendant at no fault or negligence is "to be reserved for the truly exceptional case," which she believed this was.

The West Virgina-based VanMeter shipped Templement to Thistledown and the barn of his friend John Brown. Unbeknownst to VanMeter, Brown's stable pony Bucky had been treated with isoxsuprine mixed into his feed for five years.

Brown removed Bucky from his stall in order to house Templement. VanMeter did not know of Bucky's medication, which had contaminated the stall. Days later, one of Brown's horses tested positive for the banned substance as well as Templement.

In ruling in favor of VanMeter, Abrahamson noted that contrary to HIWU's contention he should have asked Brown about any potential contamination, VanMeter had no reason to suspect such a condition for his horse. 

Abrahamson also noted that while the Horseracing Integrity and Safety Authority classifies isoxsuprine as a banned substance, the Association of Racing Commissioners International does not and the ARCI's classification was in place prior to HISA's implementation. 

HIWU contended that VanMeter could not "establish by a balance of probabilities that he acted with either No Fault or Negligence, or No Significant Fault or Negligence" and was not entitled to a reduced penalty.

It also argued that VanMeter could not prove that Templement's positive test was a result of being in the same stall that Bucky previously occupied. But HIWU believed VanMeter was still responsible because he did not ask Brown whether any of his horses were taking a banned substance. 

In addition to VanMeter's fine and suspension, HIWU sought Templement's disqualification from the race in which he finished last, forfeiture and repayment of his $650 winnings, and a 60-day period of ineligibility that would be subject to a negative finding test administered by HIWU.

Because the 60 days had passed and VanMeter did not contest the positive result, that portion of the penalty remained intact.

Templement finished sixth in the June allowance race. She has had three works this month at Mountaineer Racetrack Casino & Resort in West Virginia. 

[the galah]

58 minutes ago, Chief Stipe said:

VanMeter Gets $25,000 Fine, Suspension Overturned

An arbitrator Sept. 26 overturned the fine and suspension handed down to trainer Dennis VanMeter by the Horseracing Integrity and Welfare Unit. 

The 76-year-old VanMeter was initially provisionally penalized with a two-year suspension and a $25,000 fine for negligence following the positive test for isoxsuprine in his horse Templement , after a June 7 allowance race at Thistledown. Templement's positive test resulted in VanMeter's provisional suspension July 6. 

According to the National Library of Medicine, Isoxsuprine "has been suggested for use in horses for treatment of navicular syndrome and laminitis."

Arbitrator Laura Abrahamson in her judgment noted VanMeter did not contest the positive result, lab procedure, or the analyses of the sample taken from Templement. But said that finding the defendant at no fault or negligence is "to be reserved for the truly exceptional case," which she believed this was.

The West Virgina-based VanMeter shipped Templement to Thistledown and the barn of his friend John Brown. Unbeknownst to VanMeter, Brown's stable pony Bucky had been treated with isoxsuprine mixed into his feed for five years.

Brown removed Bucky from his stall in order to house Templement. VanMeter did not know of Bucky's medication, which had contaminated the stall. Days later, one of Brown's horses tested positive for the banned substance as well as Templement.

In ruling in favor of VanMeter, Abrahamson noted that contrary to HIWU's contention he should have asked Brown about any potential contamination, VanMeter had no reason to suspect such a condition for his horse. 

Abrahamson also noted that while the Horseracing Integrity and Safety Authority classifies isoxsuprine as a banned substance, the Association of Racing Commissioners International does not and the ARCI's classification was in place prior to HISA's implementation. 

HIWU contended that VanMeter could not "establish by a balance of probabilities that he acted with either No Fault or Negligence, or No Significant Fault or Negligence" and was not entitled to a reduced penalty.

It also argued that VanMeter could not prove that Templement's positive test was a result of being in the same stall that Bucky previously occupied. But HIWU believed VanMeter was still responsible because he did not ask Brown whether any of his horses were taking a banned substance. 

In addition to VanMeter's fine and suspension, HIWU sought Templement's disqualification from the race in which he finished last, forfeiture and repayment of his $650 winnings, and a 60-day period of ineligibility that would be subject to a negative finding test administered by HIWU.

Because the 60 days had passed and VanMeter did not contest the positive result, that portion of the penalty remained intact.

Templement finished sixth in the June allowance race. She has had three works this month at Mountaineer Racetrack Casino & Resort in West Virginia. 

So that was in ohio ,usa. The arbitrator described it as a truly exceptional case,although it seemed pretty straight forward reading it. Sounds like it was easy enough to trace the source of the positive to the pony who used the stall prior to the racehorse arriving.

Bucky the pony,its a wonder you don't get some harness horses named that,or maybe there are.

Edited September 28, 2023 by the galah

[Chief Stipe]

2 hours ago, the galah said:

So that was in ohio ,usa. The arbitrator described it as a truly exceptional case,although it seemed pretty straight forward reading it. Sounds like it was easy enough to trace the source of the positive to the pony who used the stall prior to the racehorse arriving.

Bucky the pony,its a wonder you don't get some harness horses named that,or maybe there are.

You miss several points @the galah - aside from it not being a "truly exceptional case" (there are similar examples in NZ and OZ) - the fine stood but the disqualification and loss of stakes was upheld.  Which is very similar to the Tokyo Tycoon case in which many social media commentators (including @Archie Butterfly ) were baying for Trainer disqualification.  Especially when the following also occurred:

• Trainer Dennis VanMeter – Templement tested positive for phenylbutazone in an allowance race at Thistledown on June 7, 2023 (finished sixth after clipping heels at the start). VanMeter is also provisionally suspended as Templement returned a positive test for the banned substance isoxsuprene in the same race.

Interesting that John Brown whose stable it was also had a horse that returned a positive test for the same substance.  Will he get his 18 month suspension dropped as well?  His is a classic case of where he has been tried by social media and other media.

[Chief Stipe]

HISA Arbitrator Wipes Out 2-year Suspension for 76-year-old trainer in Isoxsuprine Contamination Case

Wednesday, September 27, 2023 at 2:05 pm | Back to: Shared News, Top News

Updated: September 27, 2023 at 2:06 pm

 

 

Coady

By T. D. Thornton

The West Virginia-based trainer Dennis VanMeter won a Horseracing Integrity and Safety Authority (HISA) arbitration judgment Sept. 26 that wipes out a two-year negligence suspension and $25,000 fine related to an adverse analytical finding for the banned substance isoxsuprine in a shipper, Templement (Flatter), who ran sixth and last in an allowance sprint at Thistledown in Ohio on June 7.

Although the final order signed by arbitrator Laura Abrahamson noted that VanMeter did not contest the isoxsuprine finding itself and that he must still bear responsibility for that violation found by HISA's Horseracing Integrity and Welfare Unit (HIWU), she also wrote that “this is an exceptional case” and that “Mr. VanMeter was not at fault and not negligent in preventing isoxsuprine from entering Templement's system.”

Despite its banned substance classification, isoxsuprine is commonly prescribed therapeutically in horses to treat navicular disease or laminitis. It relaxes the smooth muscle surrounding small blood vessels, causing vasodilation and potentially increasing blood flow to hooves.

The arbitrator wrote that HISA's banned classification for isoxsuprine is in opposition to the Association of Racing Commissioners International classification that had been in place prior to the HIWU oversight of the sport, which began just 16 days before Templement's positive test.

The arbitrator took into account testimony that VanMeter shipped Templement into the stall of an acquaintance, John Brown, who is a Thistledown-based trainer, and that VanMeter was unaware his 6-year-old mare would be occupying the same stall that had been recently been vacated by a stable pony owned by Brown.

VanMeter was also unaware that Brown had a valid prescription for isoxsuprine to use on that stable pony, Bucky. The report stated that Bucky had been taking that prescribed medication mixed with his feed “almost daily for five years.”

Also, at the time Templement was shipped to Thistledown to race, VanMeter was similarly unaware that a different covered horse trained by Brown would subsequently, on June 27, trigger an adverse analytical finding for isoxsuprine.

“Mr. VanMeter, who has been training horses for more than 40 years, and currently trains nine Covered Horses, acknowledged it was his responsibility to know what his Covered Horses are permitted to be given and what they are not permitted to be given,” the arbitrator wrote.

“Mr. VanMeter testified that he sent Templement to his friend John Brown's stall in Barn 26 instead of to the receiving barn at Thistledown on June 7, 2023, because he had recently had open heart surgery and John Brown's stall was much closer to the paddock,” the arbitrator wrote.

“At the Hearing, Mr. VanMeter testified that he did not know Mr. Brown's pony Bucky was taking isoxsuprine and did not learn that any of Mr. Brown's horses had tested positive for isoxsuprine until after June 7, 2023. Mr. VanMeter acknowledged on cross-examination that he did not ask Mr. Brown which horse's stall Templement would be occupying and did not ask Mr. Brown if any of Mr. Brown's horses were taking Isoxsuprine or any other Banned Substances,” the arbitrator wrote.

On July 6, Templement's post-race sample returned adverse analytical findings for both isoxsuprine and phenylbutazone, and HISA imposed an immediately effective provisional suspension on VanMeter.

On July 11, VanMeter waived his right to request testing of Templement's B Samples and accepted the penalty proposed for the phenylbutazone finding. As a result, his arbitration hearing did not address any aspect of the phenylbutazone finding or the consequences therefrom.

The arbitrator's report stated that, “Mr. VanMeter is a 76-year-old Vietnam veteran classified as disabled. He has been made indigent as a result of his Provisional suspension. He could not afford the fees involved in having a Provisional hearing so he [remained] suspended with no provision for a stay under RISA rules. There is no provision for someone like Mr. VanMeter to proceed in forma pauperis under RISA rules.”

The report stated that in instances in where a violation of HISA's Anti-Doping and Medication Control (ADMC) program is established, “the Respondent may be entitled to a mitigation of the applicable Consequences, only where he establishes on a balance of probabilities that he acted with either No Fault or Negligence, or No Significant Fault or Negligence.”

HIWU had argued a that Mr. VanMeter “is not eligible for relief” because “he cannot establish how the isoxsuprine entered Templement's system and ” cannot establish by a balance of the probabilities that the isoxsuprine in Templement's system resulted from the horse being placed in a stall previously occupied by the pony 'Bucky' who had a prescription for isoxsuprine.”

HIWU further asserted that “Mr. VanMeter has not adequately substantiated his theory of contamination and that [expert evidence] demonstrates that the likelihood of contamination causing 471 ng/mL of isoxsuprine in Templement's urine was 'remote.'”

The arbitrator saw it differently.

“Considering the totality of the evidence, the Arbitrator finds that Mr. VanMeter established by a balance of the probabilities that the source of the isoxsuprine in Templement's system was contamination from Bucky's stall,” the report stated.

“In this case, although HIWU criticizes Mr. VanMeter' s failure to ask Mr. Brown if any of his horses were taking isoxsuprine or any Banned Substance, the Arbitrator considers that [VanMeter] did not have any reason to suspect Mr. Brown was giving any of his horses isoxsuprine.,” the report stated.

“Even if he had known, [the] Arbitrator finds Mr. VanMeter would still not have had any reason to suspect that Templement could come into contact with and have ingested or absorbed isoxsuprine from contamination in Bucky's stall, which was cleaned before Templement was put into it,” the report stated.

The arbitrator wrote that Templement's period of Ineligibility of 60 days, commencing on July 6, is confirmed. But since that 60-day period has already run its course, so “to be reinstated Templement need only be subject to a Negative Finding from a Re-Entry test administered by HIWU.”

In fact, Templement has already been entered to run, in a Mountaineer Park allowance race on Oct. 1.

[the galah]

4 hours ago, Chief Stipe said:

You miss several points @the galah - aside from it not being a "truly exceptional case" (there are similar examples in NZ and OZ) - the fine stood but the disqualification and loss of stakes was upheld.  Which is very similar to the Tokyo Tycoon case in which many social media commentators (including @Archie Butterfly ) were baying for Trainer disqualification.  Especially when the following also occurred:

• Trainer Dennis VanMeter – Templement tested positive for phenylbutazone in an allowance race at Thistledown on June 7, 2023 (finished sixth after clipping heels at the start). VanMeter is also provisionally suspended as Templement returned a positive test for the banned substance isoxsuprene in the same race.

Interesting that John Brown whose stable it was also had a horse that returned a positive test for the same substance.  Will he get his 18 month suspension dropped as well?  His is a classic case of where he has been tried by social media and other media.

I haven't missed anything.Not sure how you get that from my brief reply..

I just repeated the abitrator referring to it as truly an exceptional case.Then i just said it seemed pretty straight forward and made a comment about the pony's name.

You posted it and i just repeated it.

 

Edited September 28, 2023 by the galah

[Michael]

13 hours ago, the galah said:

I haven't missed anything.Not sure how you get that from my brief reply..

I just repeated the abitrator referring to it as truly an exceptional case.Then i just said it seemed pretty straight forward and made a comment about the pony's name.

You posted it and i just repeated it.

 

Don't worry Galah

Chief's meds held up by courier

[Chief Stipe]

14 hours ago, the galah said:

I haven't missed anything.Not sure how you get that from my brief reply..

I just repeated the abitrator referring to it as truly an exceptional case.Then i just said it seemed pretty straight forward and made a comment about the pony's name.

You posted it and i just repeated it.

 

But you ignored the salient points particularly in relation to your previous utterances on the subject.

[Chief Stipe]

1 hour ago, Michael said:

Don't worry Galah

Chief's meds held up by courier

I gather you have nothing to add to anything.  Sad.

[the galah]

3 hours ago, Chief Stipe said:

But you ignored the salient points particularly in relation to your previous utterances on the subject.

So i guess that means you prefer my 10 paragraph replies instead of  my 2 paragraph replies. The case being one from the USA didn't really get me over interested this time.

Edited September 29, 2023 by the galah

[Chief Stipe]

12 minutes ago, the galah said:

So i guess that means you prefer my 10 paragraph replies instead of  my 2 paragraph replies. The case being one from the USA didn't really get me over interested this time.

No far from it - I'm just pointing out the inconsistency in your logic.