Veterinarian agrees to suspension in stallion Laoban's death

A veterinarian who injected the stallion Laoban with a "black shot" minutes before his sudden death has agreed to be sanctioned by the Kentucky Board of Veterinary Examiners.

Dr. Heather Wharton chose not to contest a charge by the board that she failed to exercise the appropriate standard of care in her treatment of Laoban in what the board calls six violations of Kentucky law.

According to records obtained from the board through an open records request, Wharton stipulated that her veterinary license will be suspended for 90 days effective on March 15, and she will be fined $30,000. During her suspension, Wharton is forbidden to act as a veterinary assistant or technician. She also agreed to complete continuing education classes at her expense on drug interaction and doses, pharmacy effects and procedures, and management of medical emergencies such as anaphylactic shock.

An investigatory report was prepared by Dr. Coy St. Clair, a veterinarian. Wharton told her Laoban "had trouble gripping his mares" in the breeding shed. Shockwave and non-steroidal anti-inflammatories were tried, and Rood and Riddle gave him an injection for neck pain, but eventually the problem persisted and finally Laoban refused to breed.

According to the report, Wharton met management at WinStar Farm, and an agreement was made to give him a shot of B12 in hopes it would boost his energy level. Wharton soon proceeded to mix a cocktail of "the C, B12, B complex, and iron," injected Laoban and left him about one minute later. A few minutes after that, Wharton was called to be told, "Laoban was down in his stall and he was shaking." After attempting to stabilise him, Wharton told Coy, he "did not respond and died shortly after that." The entire process took about 10 minutes.

Wharton said she had used the cocktail countless times at Santa Anita Park without incident. Parts of the cocktail came from bottles with a past-due expiration date, and Wharton told Coy she did not look at the expiration dates.

The board began its investigation after three complaints were filed against Wharton: one of them anonymous, one by a senior vice president of PETA, and one on behalf of the group Animal Wellness Action.

The controversy first came to light after a Louisville Courier-Journal report about Laoban's death as revealed in a lawsuit filed by Cypress Creek Equine against North American Specialty Insurance Company. The insurance company declined to pay a mortality insurance claim following Laoban's death, citing its own investigative report that concluded the stallion died because Wharton gave him a risky compounded injection. That legal dispute is unresolved.

The claim denial letter said, in essence, the company is not responsible for loss caused by or resulting from the inoculation of drugs or medication to a horse unless certified by the veterinarian to have been of a preventative nature or necessitated by accident, sickness, or disease of the horse. During the investigation, according to the company, Wharton said the injection was not given for any of those reasons.

The company concluded that Wharton unilaterally decided to combine vitamin B12, vitamin C, vitamin B complex, and iron in what she called the "black shot."

According to the denial letter in July 2021, Wharton said under oath in a recorded statement that it was her opinion that Laoban died as a result of anaphylactic shock.

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