The Indiana Horse Racing Commission approved Nov. 30 administrative law judge Michael Buker’s conclusion to suspend equine veterinarian Dr. Cynthia Loomis for six years for violating Indiana racing rules. She was also fined $10,000.
Buker determined she injected two horses entered to race on July 4, 2022, with Lasix and ACTH; she failed to report to the regulatory veterinarian within 24 hours two intra-articular joint injections she administered to a horse at the track; and on multiple occasions, administered the prohibited substance Baycox to horses in May and June of last year.
Baycox, or Baycox Iron, which contains toltrazuril, is not Federal Drug Administration-approved for use in horses. It is marketed to control coccidiosis in piglets and chickens. Coccidiosis is a gut disease that results in reduced growth due to diarrhea.
Loomis, veterinarian Dr. Nicole Wettstein, owner/trainer Marvin Johnson and his wife, assistant trainer Christy Johnson, were among those sanctioned by Indiana racing officials for actions last year at Horseshoe Indianapolis. Loomis had been summarily suspended and had appealed.
Counsel for both the commission and Loomis spoke before the commissioners before their determination during Thursday’s meeting of the IHRC.
Loomis’ lawyer, Cameron Trachtman, unsuccessfully urged commissioners not to adopt Buker’s order, arguing hearsay evidence was used in his determinations regarding the entered-to-race horses, and that a form to report intra-articular joint injections were unavailable, as was an FDA-approved drug that could have been used in place of Baycox Iron. She said the use of Baycox was warranted because the FDA-approved drug (ponazuril) was on lengthy backorder and was unavailable.
The FDA’s requirements for off-label drug use in animals are limited to situations where an animal’s health is threatened or where the animal may suffer or die without treatment—circumstances Trachtman said Loomis considered in this case. Records must be maintained, according to the FDA.
Horseshoe Indianapolis Business
Also during the IHRC meeting, Eric Halstrom, vice president and general manager of racing at Horseshoe Indianapolis, reported total handle at the track was up 23% this year compared to last season, including a 2% on-track rise. He called the meet “spectacular by any measure.”
He said they conducted 248 turf races, a record and 30 more than last year.
He added that following a year in which Horseshoe Indianapolis was quite possibly the safest track in the country, the track’s limited equine fatalities in 2023 will leave it “very close to the top” of the country once again when those figures are announced.
IHRC Addresses HISA
The commission also reluctantly agreed to apply up to $389,000 in IRHC funding toward 2024 assessments from the Horseracing Integrity and Safety Authority. Fees for Horseshoe Indianapolis total $2.3 million, reduced to $1.8 million if duties continue to be carried out by commission staff, said Deena Pitman, executive director of the IHRC.
Fees from HISA are split between the track, horsemen, and the commission.
Under HISA, “We’re not seeing any increase in violations; we’re not seeing any new substances being discovered in horses,” said Matt Eggiman, deputy general counsel for the IHRC.
He acknowledged a consistent set of national rules as one positive.
“It’s kind of like HISA is the middle man here, and we’re not getting a whole lot out of it so far,” concluded veterinarian Dr. Philip Borst, chair of the IRHC.
The commission was urged to hold any future payments in escrow if the constitutionality of HISA goes before the Supreme Court. That could occur depending on a ruling from the Fifth Circuit Court of Appeals expected this winter.
