Via TD Thornton
Carlo and Priscilla Vaccarezza won a $1.06 million jury award in a California court February 25 in a veterinary malpractice and malpractice lawsuit against Equine Medical Center and Dr. Vince Baker, who was a longtime vet for trainer Bob Baffert.
The incident started with the 2014 Breeders Cup and the one dirty man the Vaccarezzas owned and trained, Little Alexis. The pair allege that she was abused by Baker because of a tumor on a blood vessel and was allowed to race. Not only did Little Alexis finish ninth in the GI Filly & Mare Sprint at Santa Anita Park, but her condition became so severe that she couldn’t fly to Kentucky right after the Breeders’ Cup for a planned sale at Fasig-Tipton November Sale .
Vaccarezzas kept her in training, but Little Alexis never competed in the classified slots again. She was assessed for $1.5 million as a winning race prospect who was able to compete in Class I races, but was later sold for much less, at $440,000. la.
The jury award represents the difference in valuation from the actual sale price, and the defendants will also incur accrued interest as of November 3, 2014, the date Little Alexis was sold.
“The incident probably sent a loud and clear message that we need to hold veterinarians accountable for their actions,” said owner/trainer Carlo Vaccarezza. TDN by phone Tuesday.
“Number one, [Baker] Vaccarezza said. “Secondly, he puts the other horses at risk if she breaks down. Third, he put my racer Joel Rosario in jeopardy. Fourth, he put all the other drivers in danger.
“And five, not only that, he deceived the public because they bet more than 5 million dollars on that race, and Dr. Baker was the only one who knew that the dirty man was sick. The public didn’t know she was sick. They didn’t know she didn’t have a shot in the race,” Vaccarezza said.
Asked to comment on behalf of her client, Baker’s attorney, Lisa Brown, said TDN via email, “We believe the case has been improperly decided and are reviewing all options for further action.”
James Morgan, Vaccarezzas’ attorney, told TDN by email that the prompt ruling (after only 2 1/4 hours of jury deliberation) for the full amount of damages requested was a “confirmation that the real world emphasis would be on” liability explain “how.”
“Some battles need to be fought,” Morgan continued. “Of all the battles in and around the horse industry, this is the most satisfying…. It is a victory for those who cherish illuminating the truth and a defeat for those who choose to harm others by hiding them in the dark by withholding important information.”
Morgan noted that the current controversies surrounding trainer Bob Baffert should not be informed to jurors as they weigh the fate of the veterinarian, who for decades has been closely associated with the man. Horse training is very successful but recently got into trouble with drugs.
“The jury received no information about the link between Dr. Baker and Bob Baffert, Medina Spirit, the Attorney General’s 73-page allegation for the California Department of Veterinary Medicine, or matters involving Dr. . [Jeff] Blea,” Morgan wrote. “All the jury heard was the truth of this case.”
Those facts, as alleged in the lawsuit first filed in 2015 in Los Angeles County Superior Court, as of October 31, 2014, the day before Little Alexis was scheduled to start top at Breeders’ Cup. The chubby 3-year-old had an elevated temperature and Vaccarezza noticed a bump on her left jugular vein.
Baker agreed to treat baby Alexis and advised the groom to apply heat and cold to the swelling, Morgan said TDN. Vaccarezza said Baker took a blood sample but didn’t actually tell him any tests were being done.
Morgan said it would be nearly two years – long after the false information was allegedly filed and after the original lawsuit was filed – before he or Vaccarezza knew that Baker had actually received the test results back. on the same day they were taken but still no mention of them to Vaccarezza.
“Instead, on November 1, the morning of the race, Mr. Vaccarezza asked Dr. Baker if Little Alexis was running well and reminded him that she would be flying out the next morning for an auction in Kentucky,” Morgan explained. “Dr. Baker replied that trash is good to run. Dr. Baker never told Mr. Vaccarezza about the complete blood count (CBC) or the serum amyloid A (SAA) test results.”
Morgan argued in court that the CBC was “high and unusual.” The SAA value (a measure of a protein synthesized by the liver that spikes during inflammation) is an alarming 2,534, well above the normal range of a healthy horse of 0 to 15.
Morgan writes: “By concealing test results, attention was diverted from the tubular vein problem.
Experts who testified on behalf of the plaintiffs said they had never seen such high SAA levels.
“The horse has had an ongoing inflammatory process and the standard of care would be to advise the owner on the outcome and scratch the horse,” Morgan wrote.
After Little Alexis beat just one horse in the Filly & Mare Sprint, her temperature spiked again and the swelling got much bigger.
“When she returned from the race, she had a fever of 104.7. It’s amazing she didn’t die,” Vaccarezza said.
With that high fever, the little girl couldn’t get a health certificate to fly out the next morning to sell her 150 hip at the Fasig-Tipton sale.
Vaccarezzas gave Little Alexis a five-month break and she returned to racing in April at Gulfstream Park. She finished second, fourth and second in unclassified matches, then winning her final start, the Barely Even H., June 20, 2015.
“The pipeline problem gets bigger whenever she is asked to go at full speed,” explains Morgan.
Little Alexis was sold to WinStar Farm at the Fasig-Tipton mix sale in November 2015 for $440,000.
Morgan wrote that the exact amount that comes to Vaccarezzas through the court ruling will be finalized after the parties “bargain” over the award of the costs associated with the award.
Morgan wrote: “It was impressive to me that a panel of 12 judges, none of whom had ever seen a horse race, carried out the assigned task. “Juries generally defend and uphold matters that concern them as far as public health and safety are concerned. The general safety standard that applies in our case is that healthcare professionals must disclose all abnormal test results.
“The story behind the unknown is that this case was originally based on trauma to the left varicocele,” explains Morgan. “We studied the case for over a year and a half before obtaining a copy of those test results through discovery. The case then changed and focused on the unusual CBC and massive 2,534 SAA non-disclosures.
“” The negligence claim focuses on Dr. Baker’s choice to conceal adverse test results from Carlo,” wrote Morgan. “Those results were concealed. It was negligence. The horse would unscathed and there will be no harm to the horse nor damage to Vaccarezzas if the results are announced.”
Morgan also made predictions about the next move of the defendants.
“According to what others have called an ‘old play’, the predictable next play is to subvert the jury’s verdict, seek disclaimer, and blatantly declare shamelessly the vindication will be theirs on appeal,” Morgan wrote.
“Unnecessarily risking the health and safety of any horse by hiding adverse test results is not a message the public needs to hear…again,” Morgan wrote. “Accepting responsibility and accepting the consequences is better for industry and public perception after an avoidable loss has occurred.”
Vaccarezza put it this way: “We need to win [the case] because we need to tackle the sport. There is so much pollution and we have to get to the bottom of it. This is an extraordinary, extraordinary sport and we are vilified by the press every day. My Solution: If a Coach Has 30 Days [suspended], owners will get 30 days, and veterinarians will get 30 days. You make those rules and I assure you people will stop these scams.”
