PETA, others call on Woodford County sheriff to investigate WinStar stallion Laoban's death

Laoban with Jose Ortiz aboard during the post parade before The Travers Stakes horse race at Saratoga Race Course in Saratoga Springs, N.Y., Saturday, Aug. 27, 2016. (AP Photo/Hans Pennink)
Laoban with Jose Ortiz aboard during the post parade before The Travers Stakes horse race at Saratoga Race Course in Saratoga Springs, N.Y., Saturday, Aug. 27, 2016. (AP Photo/Hans Pennink)

The 2021 death of the stallion Laoban has prompted calls for investigations by two animal welfare organizations, one calling on Woodford County Sheriff John Wilhoit to consider criminal charges.

People for the Ethical Treatment of Animals (PETA) on Monday urged Wilhoit to explore whether WinStar Farm, veterinarian Dr. Heather Wharton and Laoban's owners violated Kentucky law by "intentionally or wantonly" subjecting animals in their custody to "cruel neglect."

"With animal cases, we turn them over to animal control," Wilhoit said. "I will get with (supervisor Susan Jones) and see if she feels we need to get involved."

PETA and Animal Wellness Action are separately pursuing grievances with the Kentucky Board of Veterinary Examiners.

"We didn't reach out to the sheriff's department because we've not had much success with Kentucky sheriffs in the past," said Marty Irby, executive director of Animal Wellness Action. "Many of the sheriffs in the Bluegrass State haven't even stepped up to bust cockfighters who are blatant about their abuse."

Laoban died May 24, 2021, within minutes of an intravenous injection of a cocktail of four vitamins and minerals known as the "Black Shot." Three of the four substances were administered beyond their expiration date, one by nearly nine years — an iron product that had been indicated for anemia in baby pigs, but not horses.

As a result, the North American Specialty Insurance Company denied mortality claims on the stallion, citing "possible negligent oversight of WinStar's pharmacy and possibly improper protocols related to veterinary decisions at WinStar."

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Laoban had already bred with 126 mares in his first year of stud service at WinStar, but he was injected in an effort to stimulate his interest in breeding after failing to complete any of five mating sessions over a two-day period.

WinStar chief executive officer Elliott Walden has declined interview requests from the Courier Journal, confining his remarks to a prepared statement in which he described the horse's death as "a traumatic experience ... felt by everyone at the farm," and cited insurance companies' "self-serving interest in denying claims and blaming others."

Wharton has not responded to requests for comment.

"While it appears Wharton bears responsibility, the influence of the breeding manager and others at the stable as well as that of the owners should also be examined," PETA senior vice president Kathy Guillermo wrote in her letter to Wilhoit. "It is well known in horse racing that veterinarians are expected to follow the instruction of the owners, managers, trainers, and others who are responsible for horses. The role of these individuals and their specific instructions regarding veterinary care should be investigated."

Dr. Cynthia Cole, director of the University of Florida's racing laboratory, said clients will sometimes pressure veterinarians to defy their own instincts by saying, "If you won't do it, we'll find someone who will." But according to an insurance document denying the claims of Cypress Creek Equine and Southern Equine Stables, Wharton acted largely on her own initiative.

The insurance company's attorney, Harvey Feintuch, says Wharton agreed to give Laoban a Vitamin B12 shot in consultation with WinStar farm manager David Hanley and stallion manager Larry McGinnis but did not discuss her decision to include Vitamin C, Vitamin B Complex and Iron Hydrogenated Dextran as additional ingredients in the injection.

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"Dr. Wharton thought that these additional drugs would increase Laoban's energy level," the insurance company's document said. "Dr. Wharton's theory was based upon her limited experience working at racetracks in California. Neither Dr. Wharton nor the managing resident veterinarian, Natanya Nieman, had ever administered this type of shot to a horse at WinStar. Dr. Nieman had never even injected an adult horse with a vitamin let alone a mixture of vitamins with iron dextran added."

Laoban reacted violently within a minute of the injection, ultimately collapsing in a corner of the stall "with his limbs flailing." Efforts to revive him with steroid injections were unsuccessful. Wharton attributed the stallion's death to anaphylactic shock,

Details of the stallion's demise had been circulating by word-of-mouth for months but remained unsubstantiated until the Courier Journal obtained a copy of the insurance company's denial of claims. Calls for investigation soon followed.

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"The horses we care so deeply about and the equine industry that fuels a tremendous part of the economy in the Commonwealth deserve to have this matter addressed swiftly," Animal Wellness Action's Irby and state director Joseph Grove wrote to veterinary examiners board chair Dr. Steven J. Wills and state veterinarian Dr. Katie Flynn.

Swift action appears unlikely. Before the veterinary examiners board can consider whether to authorize an investigation, procedures require the subject of a grievance be given 30 days to respond to an initial inquiry. The veterinary board meets every other month and is next scheduled to convene on May 26.

PETA's grievance was filed Monday evening; Animal Wellness Action's on Tuesday.

"It saddens me to read about the circumstances surrounding the death of Laoban," veterinary board executive director Michelle Shane wrote in acknowledging Animal Wellness Action's grievance. " I assure you that members of the KBVE will take this matter very seriously. "

Tim Sullivan: 502-582-4650, tsullivan@courier-journal.com; Twitter: @TimSullivan714

This article originally appeared on Louisville Courier Journal: PETA requests investigation following death of WinStar's Laoban