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The racing commission agreed to allow the remainder of the original blood sample to be tested for other ingredients found in the Otomax ointment but not in the injection.
However, according to the complaint, on June 1 the “KHRC informed the Plaintiffs that the ‘remnant’ samples had been damaged/contaminated during transport to the agreed-upon testing lab. This has created doubt over whether those samples will be sufficient to allow Plaintiffs to test them for the compounds in Otomax to prove the betamethasone in Medina Spirit did not come from an injection.”
The racing commission, according to the complaint, has refused to allow the urine samples to be used instead,” according to the suit. “Time is of the essence as biologic samples degrade with each passing day. Without intervention from this Court, Plaintiffs will forever lose the opportunity to test, analyze and cross-examine the only evidence that purports to establish a violation of the KHRC’s regulations — Medina Spirit’s biological urine sample that was split from the primary sample following the race.”