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Bettors refiling lawsuit for Kentucky Derby winnings following Medina Spirit disqualification

Thurby-goers enjoyed short lines and reduced crowds at Churchill Downs betting windows, Thursday, April 29, 2021 in Louisville, Ky.

Medina Spirit has officially been disqualified from the 2021 Kentucky Derby win and Bob Baffert has been suspended 90 days, and Mandaloun, the runner up in the race, has officially been named the winner and will have his name placed at Churchill Downs.

But those who made bets on the May 1 race want that change in finish reflected in their pockets as well.

Will Nefzger, an attorney leading a class action lawsuit with 19 plaintiffs, said Medina Spirit's disqualification sets a new order of finish. Nefzger believes his clients should get paid for what are now winning tickets.

More: Mandaloun is the 2021 Kentucky Derby winner after Medina Spirit's disqualification

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"My clients all hold pari mutuel wagers that have not been paid and they are now winning wagers with the new order of finish," he said. "It now makes my clients winning wagers."

The class-action lawsuit was filed and withdrawn once as a strategic move, Nefzger said, until the official disqualification decision was made. He refiled it on Monday; now that the decision has been announced, he believes his clients should be paid for the winning tickets they purchased.

He doesn't believe those who had winning tickets paid out to them after the Kentucky Derby should lose their money, he said. The lawsuit isn't calling for Churchill Downs to clawback that money. There are six causes on the lawsuit that include: negligence, breach of contract, Kentucky consumer protection act violation, unjust enrichment permanent injunctive relief.

"We don't want a clawback, we are asking for these actual winning tickets to be paid," he said.

More: What happens to bets on Medina Spirit now that 2021 Kentucky Derby winner is disqualified?

Medina Spirit was disqualified despite attorneys for Baffert claiming that Medina Spirit absorbed the illegal betamethasone through the ointment Otomax. That didn't seem to sway things as Baffert has also been suspended 90 days and fined $7,500.

Runner-up Mandaloun will become the winner of the 2021 Kentucky Derby and raise the notoriety of Louisville trainer Brad Cox. The Derby winner's purse is worth $1.86 million. Cox would also benefit from fourth-place finisher Essential Quality being moved up to third place behind trainer Doug O'Neill's Hot Rod Charlie.

"Winning the Kentucky Derby is one of the most exciting achievements in sports," the Churchill Downs statement said, "and we look forward to celebrating Mandaloun on a future date in a way that is fitting of this rare distinction."

Now Nefzger is just hoping his clients can benefit from the new order of finish, as well.

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Cameron Teague Robinson CTeagueRob@gannett.com; Twitter: @cj_teague;

This article originally appeared on Louisville Courier Journal: Medina Spirit disqualified, bettors sue for Kentucky Derby winnings