Fuller and the horse's handlers filed an appeal of the disqualification, as they believed someone else may have been motivated to give the colt another dose of phenylbutazone. The Kentucky State Racing Commission examined the matter and ordered distribution of the purse with first money to Forward Pass.
Fuller and the horse's handlers challenged the disqualification, suspecting another party may have given the colt a second dose of phenylbutazone.  The Kentucky State Racing Commission reviewed the situation and awarded the purse to Forward Pass as the winner.