BY SCOTT LAUBERSo, I spent most of yesterday reading the 27-page lawsuit filed by J.C. Romero and pinning down details of the case, which are outlined in today's News Journal.
Not surprisingly, I had no trouble reaching Romero's legal counsel, which is being led by Southern California-based attorney Howard Jacobs, whose Web site describes him as "a true athlete's lawyer." Even less surprising was the silence coming from spokespeople for the four defendants cited in the suit: ErgoPharm Inc., Proviant Technologies, Vitamin Shoppe and GNC. I doubt they expected to be sued by Romero, and they're probably figuring out how to handle the initial wave of publicity that comes along with this.
Jacobs was unable to discuss any specifics of Romero's case that weren't already outlined in the lawsuit. But we talked for a while, and he mentioned that he has represented about a dozen athletes in cases against supplement companies. Only two of those cases have reached a trial. Only one, a 2005 case involving swimmer Kicker Vencill, went to a jury verdict. He said he has never dealt with a case that involved 6-OXO Extreme, the supplement in question in Romero's case.
"A lot of supplement companies will say they've sold millions of products that don't result in positive drug tests," Jacobs said. "But the only members of the consumer public that would know are athletes who are subject to drug testing. If an average person buys a supplement, they don't know what might be in there unless they take a drug test."
And while that's true, here are a few things to keep in mind:
1. A simple Google search will reveal that ErgoPharm and Proviant are owned and operated by Patrick Arnold. If that name sounds familiar, it's probably because Arnold is the chemist who invented the stealth drug THG (also called "The Clear") and spent time in federal prison for his involvement in the BALCO affair. I think most people, especially athletes, would stay away from taking any supplements that are connected with Arnold.
2. 6-OXO Extreme is advertised as "maximum testosterone production for hardcore users only." Sounds like more than just a run-of-the-mill nutritional supplement, if you ask me.
3. If Romero had called MLB's toll-free drug hotline, MLB vice president Rob Manfred says he would've been warned about 6-OXO. And the MLB drug hotline is probably a better source of information than employees at GNC and Vitamin Shoppe, most of whom are just trying to make a sale and aren't particularly well-versed on which over-the-counter supplements could trigger a positive test.
I'm not saying GNC and Vitamin Shoppe are absolved of blame here, and I'm certainly not defending ErgoPharm or Proviant. Romero probably has a case, and if it gets to trial (I doubt it will), he may well win.
But you have to wonder how he ever allowed the situation to get to this point in the first place.
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Meanwhile, the Phillies staged another wild and crazy comeback last night, and Raul Ibanez's star continued to rise with his game-winning grand slam in the eighth inning.
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My favorite stat of the season so far: Of the Phillies' 111 runs, 55 have been scored in the seventh inning or later. Just think about that for a second: 49.54 percent of the Phillies' runs have come in the late innings. Amazing, isn't it?
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Don't forget, I'll be hosting another live chat at delawareonline.com at noon on Wednesday. We can talk amongst ourselves. I'll even give you a topic: How big does the deficit have to be for you to give up on the comeback-kid Phillies and turn off the TV?
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Calling all Twitterers: Come Tweet with me. Also, Philled In is now on Facebook, too.
3 comments:
Scott, I think all of the MLB teams ought to make one thing clear to players: Do not take any supplements that you don't get directly from your team trainer. Each team ought to sell (or give) players the legal supplements that they want. The team, then, has the ability to check on the effectiveness of the product, how it is being used, and any side effects because it will know who is taking what. Players who buy products on their own should be fined by the team.
oh ... and truth be told, I gave up on the Phillies in the top of the 8th last night. I waited a while though and started to follow pitch by pitch via my blackberry. When the news came of the Ibanez GS, I rushed to the TV and caught a replay (I had to watch the Nationals broadcast here in DC and the announcers were apopletic!). I stayed in front of the TV for the final strike by Madson.
I never give up on the Phils. I've seen them do this way too much to question it.
And Kirk, yes, the Nats announcers are hard to listen to. They were completely silent when Raul hit it out of the park.
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