15/10/2022
An extremely interesting case concerning doping matters had been recently analyzed by the Commissions of the Romanian National Anti-Doping Agency which accepted the arguments and demonstration of an athlete that the WADA Regulations are, in a particular topic, incorrect from an scientific🔬 and medical🏥 point of view.
Respectively, an athlete (basketball🏀 player⛹️) has been given an adverse analytical finding👎 (i.e. tested positive) for prohibited substances (glucocorticoids, triamcinolone substance) after an in-competition doping test🧪. The AAF had been determined by an intraarticular single dose knee🦵 injection💉 with a product containing such substance (Kenalog 40mg) administered out-of-competition 40 days before the doping test for which the athlete had a medical🩺 prescription📃.
The athlete retroactively requested a therapeutic use exception (TUE), arguing that the WADA code permits the use of glucocorticoids out-of-competition and thus the TUE may be issued retroactively per such WADA code and regulations. The central key of such request had been the WADA Regulations (regarding Glucocorticoids and TUE's) for stipulate unfortunately a washout timetable of maximum 10 days for triamcinolone. However, the athlete had tested positive 40 days following such injection.
In the doping proceedings, the athlete has been able to demonstrate, via scientific medical methods, that the WADA Regulations washout periods are incorrect and, in particular, that a medical study related to exactly the single use of a intraarticular administration of specifically 40mg of triamcinolone substance (Sergi Coll, Xavier Matabosch, Jone Llorente-Onaindia, Marcel·li Carbó, Clara Pérez-Mañá, Nuria Monfort, Jordi Monfort, Rosa Ventura, Elimination profile of triamcinolone hexacetonide and its metabolites in human urine and plasma after a singer intra-articular administration) prove that triamcinolone levels that would determine a AAF remain in the body for much longer than the maximum 10-day threshold instituted in the WADA Regulations.
In the proceedings regarding obtaining a retroactive TUE, the TUE Commission of the Romanian National Anti-Doping Agency accepted the arguments and scientific/medical evidence of the athlete and therefore decided that the WADA Regulations are not consistent with the scientific and medical reality. Consequently, it had issued a retroactive TUE in favor of the athlete.
Furthermore, in the separate proceedings before the Hearing Commission of the Romanian National Anti-Doping Agency, the athlete had been exonerated on all charges. Such decision had not been appealed and remained final and binding.
The athlete in these proceedings has been fortunate to benefit from qualified legal representation and that a medical study analyzed the matter. However (and inexplicably), WADA has unfortunately not changed their washout timetables for triamcinolone (despite such medical article dates from 2019). We consider that for such inactivity WADA has no whatsoever excuse and de lege ferenda it should (immediately) amend its' washout periods for glucocorticoids before any wrongful sanction would be adopted for athletes who may be unfortunate to be unaware that the washout period for triamcinolone contained in the WADA regulations are, in this specific topic, grossly inaccurate.
In all these proceedings, the athlete has been represented by attorney Sergiu-Valentin Gherdan⚖️
