The veterinary malpractice case filed by Priscilla and Carlo Vaccarezza against Dr. Vince Baker is set to go to jury trial in Los Angeles Superior Court for a second time on Jan. 8.
The first trial resulted in a $1.06 million verdict in favor of the well-known restaurateur and Thoroughbred owner-trainer against Baker and Equine Medical Center. Baker was accused of not properly evaluating Little Alexis for a lump on her jugular vein and failing to inform the Vaccarezzas of abnormal hematology results before she ran ninth in the 2014 Breeders' Cup Filly & Mare Sprint (G1) at Santa Anita Park. Little Alexis' disappointing performance came after a third-place finish in the Test Stakes (G1) at Saratoga Race Course and a fourth in the Cotillion Stakes (G1) at Parx Racing. Carlo Vaccarezza trained Little Alexis for Priscilla Vaccarezza Racing.
Evidence in the first trial showed Little Alexis was too sick after Breeders' Cup to be transported to The November Sale at Fasig-Tipton in 2014 as intended. From April through June 2015 she competed in four ungraded races at Gulfstream Park, winning the Barely Even Handicap. She was sold in November 2015 for $440,000 at Fasig-Tipton. The filly was valued at $1.5 million before Breeders' Cup.
The jury's verdict was set aside and judgment entered in favor of Baker by Los Angeles Superior Court Judge Richard J. Burdge Jr. when he ruled Vaccarezza's expert witness on liability failed to explicitly convey that Baker's conduct violated the standard of care expected of veterinarians in such situations.
The California Court of Appeal reversed Burdge's order, ruling that Vaccarezza's expert witness testimony was legally sufficient. The issue of damages will be retried after jurors are called in Jan. 8. According to a tentative ruling made last week by Judge Gail Killefer, the Vaccarezzas "must present evidence that Baker’s failure to disclose the hematology results was a substantial factor in causing the damages alleged by Plaintiffs."
Although the base amount of damages is the primary issue to be resolved, a potentially important issue will be whether a claim for prejudgment interest on damages will be considered. If allowed, prejudgment Interest could be assessed for a period up to 10 years.
The lawsuit was filed in 2015. It was delayed numerous times, including after the occurrence of Hurricane Irma in South Florida, where the Vaccarezzas resided at the time; the shootings at Marjory Stoneman Douglas High School in Broward County, where their two sons were students and not injured; and government restrictions put in place during the COVID-19 pandemic. The case was finally initially called for trial Feb. 8, 2022.
Baker has been in the turf media spotlight in recent years. According to previous BloodHorse reporting, Baker is said to have prescribed the application of Otomax to Medina Spirit's rump before the 2021 Kentucky Derby (G1), leading to the horse's disqualification after finishing first. Most recently, in a negotiated settlement, the regulator that oversees veterinarians in California placed Baker on probation for four years for negligence in the practice of veterinary medicine.
