In a decision rendered on Wednesday (July 26), the Franklin County Court of Common Pleas has reversed the adjudication order of the Ohio State Racing Commission (OSRC) regarding the 2019 positive test of trotter Manchego from a race at Scioto Downs.
On September 7, 2019, Manchego won an Open Trot at Scioto. A testing sample provided by the testing lab to the OSRC indicated that the sample was suspected to contain the anticonvulsant medication gabapentin. After additional testing, the lab issued a final report to the OSRC on October 9, reflecting that Manchego’s blood tested positive for gabapentin in the amount of 269 picograms per millilitre. The OSRC did not have a screening limit for gabapentin at the time.
Trainer Nancy Takter requested an independent analysis of the sample on October 17, 2019, and the OSRC adopted a screening limit of 8,000 picograms per millilitre on October 30, 2019.
"On October 30, 2019, the Director conveyed the screening limit to the ODA Lab and ordered it 'enact[ed] immediately' and applied to all tests 'for which [the lab] ha[d] not issued a final test report certificate,'" said Judge Bill Sperlazza in his ruling. "In other words, all results for gabapentin below 8,000 picograms per milliliter were to be reported as negative from that day forward, irrespective of when the race took place, and even if a preliminary test result suspecting gabapentin had been reported to the Commission."
The sample of Manchego was received by the Texas A&M’s Veterinary Medical Diagnostic Laboratory on November 7, 2019. The Texas A&M lab issued a test report two weeks later that revealed gabapentin in the amount of 273 picograms per milliliter.
Sperlazza reversed the decision of the OSRC stating that the Commission "failed to apply the gabapentin screening limit, which applied to all tests reported to the Commission on and after October 30, 2019, irrespective of the date of the subject race. The final test for gabapentin in Manchego's blood was reported to the Commission on November 21, 2019, and was well below the screening limit."
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