DAY 2 RE-CAP – HEARING INTO WOODBINE ENTERTAINMENT’S APPEAL of the penalty issued by AGCO to DR. BRIAN AREM re- shockwave treatment on horses inside the 96-hour rule (rule 15.37, first implemented in 2008)
Dr. Brian Van Arem was the first on the stand and he was followed by his witnesses that included Dr. Ted Coker, who has also been a licensed vet at Woodbine for many years.
As mentioned in the opening statements, Dr. Van Arem said that he believed that 96-hour window to be a guideline and not a ‘rule’ and noted that many other vets at the track were under the same assumption.
Dr. Coker also admitted to not having read the rule and intimated that many vets are not aware of the rule. The 15.37 rule was also adjusted in March 2018 to state that only licensed veterinarians were allowed to provide the treatment and a directive was issued (see below under Day One).
It was also stated that he believes shockwave therapy has no analgesic impact or impact on racing.
The hearing concluded and it is expected that the Horse Racing Appeal Panel will have a decision in a month as to whether to alter the $7,500 fine to Dr. Van Arem.
Thoroughblog notes: According to the American Association of Equine Practitioners, there has been found an analgesic impact on a horse after ESW:
(https://aaep.org/horsehealth/extracorporeal-shock-wave-therapy-horses-what-we-know)
While the positives of this therapy are being evaluated, the negatives must be considered. Most importantly there is a period of analgesia following treatment. Humans treated with ESWT report an initial decrease in pain in the area treated, lasting up to a week, then some return of the original pain that gradually decreases as the underlying problem heals. In a study funded by the Grayson Foundation at Iowa State University, we found that in the horse, a period of analgesia appears to be present for about four days after treatment. In a study to evaluate the duration of analgesia associated with ESWs in the horse with naturally occurring lameness, force plate analysis was used serially following treatment. Treatment was performed after obtaining 3 baseline measurements. There was a significant analgesic effect following ESW therapy from 8 hours through 48 hours after treatment. There was not a significant difference between baseline lameness from day three through the end of the study on day seven. Importantly, this study relates only to the use of SWT, and not to the use of RPWs. A previous study involving force platform gait analysis of horses with navicular syndrome following RPWs found no analgesic effects.
These data have been utilized in the formation of regulations concerning ESW therapy. Racing jurisdictions in the United States and the FEI have adopted regulations that require a withdrawal period after treatment before the horse is allowed to perform. For example, ESW therapy is not permitted during competition and for a period of five days prior to the first Horse Inspection. Owners and trainers should check competition rules prior to administering ESWT. Additionally, the indications for shock wave therapy would indicate most horses should be on a decreased level of activity while healing.
DAY 1 RE-CAP
On Monday, the Ontario Horse Racing Appeal Panel heard an appeal by WOODBINE ENTERTAINMENT to consider a tougher penalty for DR. BRIAN AREM than the one issued by the Alcohol and Gaming Commission stewards last fall at Woodbine with regards to treating horses with extracorporeal shockwave therapy inside the ruled time.
A third-party appeal of a ruling that it was not involved in from the outset is unprecedented in Ontario.
A summary of the ruling: Woodbine Entertainment security alerted the track that Dr. Brian Van Arem was seen treating two horses of trainer Norm McKnight last July 30, 2018 at the McKnight barn. These two horses were in the entries for Wed. Aug. 1 and thus the procedure came inside the 96-hour rule (4 days).
This rule has, according to testimony heard on Monday, been in place since 2008 and in March 2018, the rule was adjusted to state that only licensed veterinarians could do such treatment on horses.
The directive, which was issued last March 2018 not only notes the adjustment in the ruling about veterinarians (licensed) being allowed to do shockwave treatment but it also reiterates the 96-hour rule.
See page 4 and 5 with regards to rule 15.37:
Appeal document: https://canadianthoroughbred.s3.ca-central-1.amazonaws.com/wp-content/uploads/2018/10/06174723/Notice-of-Appeal-Scanned-Copy-October-172c-2018.pdf
The 2 horses, BRIGHTER IDEAS and HALO LAELIA were, according to testimony, treated with shockwave therapy at 62 hours before their scheduled race.
The panel hearing testimony was Sandra Meyrick, Stanley Sadinsky and John Hayes.
Dr. Van Arem was given a $7,500 fine and had conditions placed on his license while McKnight received a $5,000 fine.
This is a hearing de Novo (new hearing) and focused only on the penalty issued by AGCO stewards and whether it should be adjusted. It was noted that it was not a case to justify what the stewards did or did not do as far as investigations.
The AGCO counsel Aviva Herari called witnesses Troy Moffatt, investigator and inspector for the AGCO, Tyler Durand, racing investigator for AGCO and steward John Dorion.
Woodbine lawyer Deppshikha Dutt and Dr. Van Arem’s lawyer Martin Smith also questioned these witnesses.
Summary: Troy Moffatt was called to investigate the claim by Woodbine security of the shockwave treatment of the aforementioned 2 horses by Dr. Van Arem at Norm McKnight’s barn.
Dr. Van Arem told Moffatt that another horse, Constantino, had also been shockwaved and was entered that same week. All three horses were scratched.
According to testimony, Moffatt viewed Dr. Van Arem’s logbooks from May 1 through to August and noted a number of other others that had been shockwaved and then most raced two days later. Those included Scotty’s Model (May 18 – raced May 20), Constantino (June 8- raced June 10) and several who were on there a few times such as Olivia’s Uncle, Cadillac Red, etc.
“They were not aware of the 96-hour rule for the treatment,” was what was in the report filed by Moffat. The panel heard that both Norm McKnight thought the rule was within 72 hours and that this was a common belief among many other vets at Woodbine.
Tyler Durand also saw Dr. Van Arem’s logbooks but he was investigating for medications only.
John Dorion, a former trainer testified about coming up with the $7,500 pentalty noting that there were no guidelines for penalties for shockwave treatment. Stewards researched other jurisdictions and how shockwave therapy was regulated.
Dorion also emphasized that rule 15.37 was known by him as a trainer when it came out in 2008.
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