Second blood test of Kentucky Derby winner, Medina Spirit, declared positive, Bob Baffert suspended from racing at Churchill Downs for two years.

May 14, 2021
by The AMA Law Team

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    Second blood test of Kentucky Derby winner, Medina Spirit, declared positive, Bob Baffert suspended from racing at Churchill Downs for two years.

    JUNE 2, 2021

    Daniel Markoff – Atkins Markoff Adler Law

    Class Action Lawsuit Against Bob Baffert and Zedan Racing Stables.  Case Number: 2:21-cv-04045

    SPLIT SAMPLE TEST OF POSITIVE DRUG VIOLATION FOR KENTUCKY DERBY WINNER, MEDINA SPIRIT, CONFIRMED POSITIVE

    It was reported today that the split sample test requested by Bob Baffert, the trainer of Kentucky Derby winner, Medina Spirit, was confirmed positive by a test at a lab at The University of California, Davis.

    Churchill Downs, Inc., previously stated on May 9, 2021:

    “To be clear, if the findings are upheld, Medina Spirit’s results in the Kentucky Derby will be invalidated and Mandaloun will be declared the winner.”

    With this new information, we fully expect Medina Spirit to be disqualified from first place in this year’s running of The Kentucky Derby and placed last.

    Further, Bob Baffert should immediately be suspended for clearly violating the rules of the Kentucky Horse Racing Commission and racing a horse with a Betamethasone overage.  His suspension should be valid in all states that allow horse racing and not just in Kentucky and New York.

    Michael Beychok, Eclipse Award winning handicapper, and the lead Plaintiff in the class action filed against Bob Baffert and Zedan Racing Stables states the following:

    Now that the split sample on Medina Spirit has come back positive for a banned race day medication, I am calling on the Kentucky Horse Racing Commission to discharge the responsibilities they are sworn to abide by and immediately complete their investigation and disqualify Medina Spirit. This is a unique opportunity for the Board to do the right thing and assure the participants on the track and bettors that the greater good of horse racing is more important than the individual interests of any single trainer.  Cheaters should not be tolerated. 

    It is past time for horse racing to take the safety and integrity of our sport seriously. This means protecting not only the horses, but the bettors who love and support the industry. I would hope that Bob Baffert and Amr Zedan will accept the consequences of the failed drug test so that horse racing can move on.  Our lawsuit will continue forward so that the bettors who were cheated on the Kentucky Derby will be compensated.

     

    MAY 14, 2021

    Class Action Lawsuit Against Bob Baffert and Zedan Racing Stables

    Yesterday a group of bettors who lost money on the 2021 Kentucky Derby filed suit against Bob Baffert, the trainer of the horse who finished first in the race, Medina Spirit, and the owner of the horse, Zedan Racing Stables.

    It was announced on May 8th that Medina Spirit had tested positive in a post-race test for the banned drug, betamethasone, anti-inflammatory steroid.

    In 2020, Bob Baffert had 4 different post-race drug tests come back positive. All of the racing jurisdictions leveled minor penalties.

    If Medina Spirit is indeed disqualified, then the 2nd place horse in the race, Mandaloun, will be placed 1st and the 3rd place finisher place 2nd and each of the other horses will move up a position. The owners of those horses as well as the trainers and jockeys will be given the appropriate shares of the purse. Unfortunately, the horseplayers who wagered on the correct horses will once again be left with nothing.

    This lawsuit has been filed to help clean up the sport of racing, protect the horses and to represent the horseplayers who are completely ignored. Without them, the sport of horseracing would not exist.

    On November 4th of last year, Bob Baffert issued the following press release:

    I want to raise the bar and set the standard for equine safety and rule compliance going forward. For those of you that have been upset over the incidents of the past year, I share your disappointment. I humbly vow to do everything within my power to do better. I want my legacy to be one of making every effort to do right by the horse and the sport.”

    Bettors relied on that statement and assumed Baffert would play by the rules. Unfortunately, that was not the case.
    Hopefully this lawsuit will change that.

    CLASS ACTION COMPLAINT            

    baffertlawsuit@amalaw.com

    William B. Federman
    Federman & Sherwood
    10205 North Pennsylvania Avenue
    Oklahoma City, OK 73120
    Telephone: (405) 235-1560
    Facsimile: (405) 239-2112
    -and-
    212 W. Spring Valley Rd.
    Richardson, TX 75081

    Daniel P. Markoff

    Atkins Markoff Adler Law Firm
    9211 Lake Hefner Parkway, Ste. 104
    Oklahoma City, Oklahoma 73120

    www.amalaw.com

    405-607-8757
    800-442-0607
    Fax: 405-607-8749

    Request a free consultation

    (405) 607-8757