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McNair to NFL: Overturn Cushing suspension

LMAO.... I think I got negative rep from someone called "HouTxFan" on this post.... He has 0 posts.... lmao.. Does a purple dot mean negative rep?

Like several people have said, he tried to rep you (pos or neg) and didn't have the power. It was probably a positive rep.

He did the same thing to me on a post. I've gotten several of those in the past.
 
I wondered what the "personal business" that Cush had to take care of last Wednesday. Not unheard of but personal business isn't offered often as a reason for a player's absence. Betting it had to do with McNair's appeal on his behalf. INHM. Just sayin'.
 
I wondered what the "personal business" that Cush had to take care of last Wednesday. Not unheard of but personal business isn't offered often as a reason for a player's absence. Betting it had to do with McNair's appeal on his behalf. IMHO. Just sayin'.
 
I wondered what the "personal business" that Cush had to take care of last Wednesday. Not unheard of but personal business isn't offered often as a reason for a player's absence. Betting it had to do with McNair's appeal on his behalf. INHM. Just sayin'.

Yeah, I was thinking pretty much the same thing. Betcha he had to go take one final test.

btw, what does INHM mean?
 
LMAO.... I think I got negative rep from someone called "HouTxFan" on this post.... He has 0 posts.... lmao.. Does a purple dot mean negative rep?

Okey dokey...sorry 'bout that...and didn't mean to cause such a stir! I've lurked here for quite a while, and just recently registered because I've enjoyed all the training camp discussions amongst you folks.

I didn't know how the rep thing worked, so be forewarned, I gave some others the "purple dot treatment" today too. No offense intended, I assure you. Btw, I'm not a guy; I'm a girl, and a kinda old girl at that. Plus...I wear glasses, I'm not very big, I have rheumatoid arthritis, and I love the Houston Texans, just as I did the Oilers before them. So please, guys, try to keep the beating about my head and shoulders to a bare minimum, k? :hides:

All I was trying to say to you Pollardized, was :goodpost:. I love Bernard Pollard, and I thought your comment was pretty damn funny.
 
Here's my take:

http://blogs.chron.com/texanschick/2010/08/bob_mcnair_tries_to_get_brian.html

There's tons of stuff that hasn't been reported relating to this case. Because 1. he and his lawyers weren't talking; 2. everybody assumed he was lying so why pursue this more?

If I were totally guessing, I'd say it is the pituitary angle. There were allusions to a pituitary procedure he got in college. Basically, there's a procedure that can be done on an outpatient basis that can tell if an enlarged pituitary is a problem or not a problem. Maybe he had a problem that wasn't something that was dangerous but does create false positives. As I've been told, the test that the NFL uses cannot detect the difference between male, natural hCG and outside sources, though there are expensive tests that can detect that difference.

Total speculation. Maybe they share the info, maybe they don't.
 
Peter King says that he will have more on this in his MMQB tomorrow.

Likely means that he will assume Cushing is a cheat because that's what he assumed even before Cushing spoke to the media.
 
Here are my thoughts on the subject.

Cushing Innocent? Maybe so.
The 21st century is a cynical place. We are so inundated with reality that we have been desensitized to almost everything. Our heroes falling from grace is nothing more than a Tuesday afternoon. So, when the story broke that Brian Cushing tested positive for a banned substance most of us took it in stride, displaying more disappointment over who would cover Dallas Clark on September 12th than the fact that one of our players had been caught cheating.

For Barrett and I, it was a punch in the gut. You see, we are not cool. Cynicism is cool. Dismissiveness is cool. Being detached and practical… that’s cool these days. Barrett and I are total saps! We get giddy when Bob McNair talks about integrity and when Andre Johnson returns to practice because holding out doesn’t feel right. I was moved to tears when Bob McNair openned up the Reliant facilities to the Katrina victims in 2005. When John McClain describes the character of Gary Kubiak, I forgive him immediately for the Chris Brown halfback pass and the unknown mistakes that lie ahead. We believe all the propaganda that separates the Texans from the Cowboys and the Al Davis’ “just win, baby” Oakland Raiders. We don’t want to “just win”. We want this organization to win with integrity and class. Natually, when the Cushing accusation hit our virgin ears, we were in dismay. We love Brian Cushing. We love his attitude and the way he plays football. But, if he is a cheater, it severely taints any of his accomplishments (at least in our eyes). MORE HERE!
 
This development in Cushing's suspension gives me some hope of compelling new evidence. I have a hard time picturing a man of Bob McNair's stature waltzing out on a limb, with his reputation in tow, without at least a hint of a safety net below.
 
Here's my take:

http://blogs.chron.com/texanschick/2010/08/bob_mcnair_tries_to_get_brian.html

There's tons of stuff that hasn't been reported relating to this case. Because 1. he and his lawyers weren't talking; 2. everybody assumed he was lying so why pursue this more?

If I were totally guessing, I'd say it is the pituitary angle. There were allusions to a pituitary procedure he got in college. Basically, there's a procedure that can be done on an outpatient basis that can tell if an enlarged pituitary is a problem or not a problem. Maybe he had a problem that wasn't something that was dangerous but does create false positives. As I've been told, the test that the NFL uses cannot detect the difference between male, natural hCG and outside sources, though there are expensive tests that can detect that difference.

Total speculation. Maybe they share the info, maybe they don't.

My favorite quote from the story: "Sports talk can't have a rational discussion of PED policy and suspensions."

So many questions... This can of worms better be worth re-opening.

- Does Cushing seem like the type to allow McNair to be put in this position when he could easily let it all blow over?

- Is McNair the type of businessman who lets his emotion trump his logic?

- Is McNair hoping to appeal this from a technical loophole angle or from an evidentiary angle?

- If there is a case to be made for naturally elevated hormones, why couldn't Cushing submit a month's worth of daily urine collection to verify the patterns?

I'm not looking forward to round 2 of this in sports talk.
 
When I first read this story I started doing laps around my living room.
I just love to read stories that let me know mcnair is not what I read about. I always read from people that post how he is money hungry. That he cares about bottom line more than actually paying his players. I din't think he would do anything with the A.J. contract, and he took care of that.
I put Cushings suspension behind me, as many of you probably did. It sucked, it hurt, and it was very dissapointing. This dosen't make it worse. Even if mcnair dosen't get anywhere with the commish, it just makes me have more respect for the owner, and even cushing for not letting it go. It let's me know that they haven't put it behing them and that they are commited to winning.
Maybe it's good P.R. but if it is, I for one am falling for it.
 
You have to hand it to McNair, he's really a "players owner" with this
gesture, this kind of support. Honestly I've thought Cushings story was dubious, but now I don't know ?
Bob McNair is a serious man, a man to be respected. We'll see what happens ? Just halving the suspension to 2 games would be a significant accomplishment by the owner if he could pull it off.
 
Man, it sure would be great if McNair could get the suspension revoked. I say that because I don't think there's any legitimate way for a reduction. It's either, "You did it. You're out for 4 games according to the policy." or "You're innocent, so you shouldn't be suspended." Seems like the only way for a reduction would be a change in league policy.

That leads me to believe that McNair has some form of new evidence that he believes will prove that Cushing was indeed clean. I hope that's the case. :fingers crossed:
 
Here's my take:

http://blogs.chron.com/texanschick/2010/08/bob_mcnair_tries_to_get_brian.html

There's tons of stuff that hasn't been reported relating to this case. Because 1. he and his lawyers weren't talking; 2. everybody assumed he was lying so why pursue this more?

But the more I tried to find out more information about the suspension, the one thing I kept repeatedly hearing was that there was much more to the story than what was publicly reported. And that nobody should make any assumptions about things. We are not medical experts. We do not have access to his medical information.

Gee... this has got me wondering. Maybe He was a she way back when...
 
Okey dokey...sorry 'bout that...and didn't mean to cause such a stir! I've lurked here for quite a while, and just recently registered because I've enjoyed all the training camp discussions amongst you folks.

I didn't know how the rep thing worked, so be forewarned, I gave some others the "purple dot treatment" today too. No offense intended, I assure you. Btw, I'm not a guy; I'm a girl, and a kinda old girl at that. Plus...I wear glasses, I'm not very big, I have rheumatoid arthritis, and I love the Houston Texans, just as I did the Oilers before them. So please, guys, try to keep the beating about my head and shoulders to a bare minimum, k? :hides:

All I was trying to say to you Pollardized, was :goodpost:. I love Bernard Pollard, and I thought your comment was pretty damn funny.

Welcome to the board, HouTxFan.

Don't let them give you a hard time. You gave me some "purple dot" rep in another thread, and I appreciated it. Actually, the dot shows up gray on my screen, but it is the same either way. All this means is that you are a new poster, and you do not have any rep power yet. I forget how that works precisely, but I believe you have to have a certain number of posts, 50 I think, before your rep votes add to the point total of the recipient. Also, your rep points received will not show to the left of your posts until you hit 50 posts either.

And for your information, 49 is not old, it is middle-aged. Moreover, with medical science progressing the way it has been, you could easily live another 49 years yet, just to provide a little perspective. If you want to see some old people around here, find Thorn, Red Zone or cuppacoffee. Those are a few of our resident oldsters, and all three of them age seniority over you - hands down. In fact, I could be wrong, but I think all three of them might be card carrying members of the AARP.

:) (Just having fun with you guys)

In any case, you are welcome here, and I hope you will continue to share your perspectives with us for many years to come.
 
You have to hand it to McNair, he's really a "players owner" with this
gesture, this kind of support. Honestly I've thought Cushings story was dubious, but now I don't know ?
Bob McNair is a serious man, a man to be respected. We'll see what happens ? Just halving the suspension to 2 games would be a significant accomplishment by the owner if he could pull it off.

I agree with everything you've posted here. But I caution, this kind of attitude from McNair extends to the treatment of David Carr, Kris Brown, and Dunta Robinson. As bad as they were (or eventually became), they were here from the beginning, and McNair believes (seemingly) that he owes them something.

I personally think their intitial contracts were good enough, but I'm not the guy signing the checks. This is his organization, & he's going to run it, and treat people a certain way.

I don't always agree, but I'm not going to be an ass about it either.
 
And for your information, 49 is not old, it is middle-aged. Moreover, with medical science progressing the way it has been, you could easily live another 49 years yet, just to provide a little perspective.

Sounds like somebody is awful close to 49.
 
Man, it sure would be great if McNair could get the suspension revoked. I say that because I don't think there's any legitimate way for a reduction. It's either, "You did it. You're out for 4 games according to the policy." or "You're innocent, so you shouldn't be suspended." Seems like the only way for a reduction would be a change in league policy.

That leads me to believe that McNair has some form of new evidence that he believes will prove that Cushing was indeed clean. I hope that's the case. :fingers crossed:

That's the same way I feel. I don't think it can be reduced. It's either that you're guilty and you get the suspension, or you're innocent, and the evidence proves you didn't take anything, so you're not suspended. My gut feeling is that there is obviously some sory of "knock it out of the park" type of evidence that they are going to provide to the commish. Otherwise, why beat this dead horse? I'd love to see the evidence show that he was innocent and all of those people that screamed for his head and the stripping of his DROY title to have to eat their words.
 
Here's my take:

http://blogs.chron.com/texanschick/2010/08/bob_mcnair_tries_to_get_brian.html

There's tons of stuff that hasn't been reported relating to this case. Because 1. he and his lawyers weren't talking; 2. everybody assumed he was lying so why pursue this more?

If I were totally guessing, I'd say it is the pituitary angle. There were allusions to a pituitary procedure he got in college. Basically, there's a procedure that can be done on an outpatient basis that can tell if an enlarged pituitary is a problem or not a problem. Maybe he had a problem that wasn't something that was dangerous but does create false positives. As I've been told, the test that the NFL uses cannot detect the difference between male, natural hCG and outside sources, though there are expensive tests that can detect that difference.

Total speculation. Maybe they share the info, maybe they don't.

Mr. Stradley is a lucky, lucky man!!

Great read Steph and as always, thank-you!!
 
Last edited:
Peter King's MMQB:

Introducing America to "Overtrained Athlete Syndrome."
HOUSTON -- The owner of the Houston Texans, Bob McNair, told me he believes his young linebacker, reigning NFL defensive rookie of the year Brian Cushing, is not guilty of taking a performance-enhancer called hCG. To that end, McNair plans to appeal Cushing's four-game suspension to commissioner Roger Goodell today in New York, according to Mark Berman of Fox 26 in Houston.

The NFL claims Cushing did test positive last September, and after a lengthy appeals process banned him for the first four games of the 2011 season. The NFL has been very clear about the rules of its program covering performance-enhancing substances, and I'd be surprised if the four-game ban would be adjusted by Goodell, regardless of McNair's arguments.

In an interview here Friday, Cushing said he thinks he knows why he tested positive for elevated levels of hCG. "Everything points to that overtrained athlete syndrome,'' Cushing said, walking back to the Texans' locker room after their afternoon practice. "I'm pretty sure it is. I'm pretty positive. I didn't take anything. It's not a tainted supplement. So all roads lead to that.''

The syndrome results from athletes training intensely for a long period, with the possibility of a testosterone imbalance resulting when an athlete stops training. I must stress the word "possibility,'' because no player in the history of the NFL substance-abuse program before
Cushing tested positive for the higher level of hCG. The widespread belief in NFL circles was that a player who tests positive for hCG would be a steroid user trying to re-start regular testosterone production after it has been interrupted in a cycle of steroid use.

Rumors of steroid use have dogged Cushing since his high-school days in New Jersey, and followed him to USC. Despite the evidence against him, Cushing has denied that he took hCG. And Friday, his employer agreed.

"He shows no sign of ever having been on steroids,'' McNair said. "His weight hasn't changed appreciably since he's been with us. I've looked into it pretty thoroughly, and I haven't found anything that would lead me to believe that he has ever taken a performance-enhancing drug.''
Cushing said he is "well aware'' that the American public probably won't believe this claim. I think most people will view it as a dog-ate-my-homework defense. "It's tough when you know what kind of discipline you have, and what kind of work ethic you have, and the whole world doesn't believe you, and is against you. It's frustrating. But I know that the quickest way to answer all of this is by production on the field,'' Cushing said.

In other words, he needs to keep testing clean for any PEDs, and he needs to play well for the public to think he's playing clean. "The funny part -- well, not funny, really -- is that my worst month playing football last year was September, and that's when I tested positive. I had five or six tests after that. All negative,'' he said.

On Friday, Cushing sounded like he was resigned to playing a 12-game season and being the best player he could be for those 12.

"There is no question in my mind I'll be a better football player than I was last season,' he said. "I'm going into my second year. The plays I'm making on the practice field this year compared to
last year, I'm so much more of a well-rounded football player than I was.''

I expect Cushing to come back possessed. We all do. Whether there's anything to this latest wrinkle is something I'll be following up on in the coming days, but the only way fans will look at Cushing as a great player is if he stays clean. For years..


 
I must stress the word "possibility,'' because no player in the history of the NFL substance-abuse program before Cushing tested positive for the higher level of hCG.

That can't be right.
 
I wondered what the "personal business" that Cush had to take care of last Wednesday. Not unheard of but personal business isn't offered often as a reason for a player's absence. Betting it had to do with McNair's appeal on his behalf. IMHO. Just sayin'.

I had heard that his aunt died within the last week or so. I dont know exactly when but that is probably why he was out of town.
 
Anyone know when this meeting will take place?

Today. McNair flying to NY. Cushing(& Bob) says they do have new evidence to present.
-----------------------------------------------------------
"A brand new PED excuse"

In sports, everyone is a winner-some people just win better than others. Like our nation's poor, overtrained athletes like Brian Cushing, who says he flunked his drug test only because he worked out so hard.

We've heard an awful lot of excuses from athletes about why they tested positive for this or that substance. I didn't know what I was taking. It wasn't labeled correctly. I was trying to get pregnant (or whatever Manny Ramirez said). But this is a new one.

Houston Texans owner Bob McNair is meeting with Roger Goodell today, appealing LB Brian Cushing's four-game suspension for suspected PED usage. The explanation they're going with: something called "overtrained athlete syndrome."

Supposedly, when an athlete works out long and hard for a period of time, and then suddenly stops, his body's hCG levels spike. (Human chorionic gonadotropin, what Cushing tested positive for, is usually used as part of a steroid cycle to jumpstart testosterone levels.)
Everything points to that overtrained athlete syndrome,'' Cushing said, walking back to the Texans' locker room after their afternoon practice. "I'm pretty sure it is. I'm pretty positive. I didn't take anything. It's not a tainted supplement. So all roads lead to that.''
Well, no, Brian. No roads lead to that. Remember how Cushing tested positive last September? It's highly unlikely (and would actually reflect worse on him than taking steroids) that at the end of training camp, just as he was about to play his first NFL games, he decided to stop working out.

Besides, from the scant research that exists on overtrained athlete syndrome, the primary symptom appears to be "sudden and profound chronic fatigue." There's a lot of text on that page, but I didn't find "winning rookie of the year" as a secondary symptom.

It seems like Cushing's continuing to flail for a reason that doesn't involve him taking steroids. First, it was him deciding he must have had a tumor. (That makes him no better than the Canadian woman accused of faking cancer to raise money for herself.)

Then, according to the Houston Chronicle, Cushing "traveled the country visiting specialists...hoping to find a doctor who can prove hCG was produced naturally in his body." It's a year later, and he apparently hasn't found a doctor willing or able to back him up on that.

Let it go, Brian. This is the NFL. No one cares about steroids. If they did, they wouldn't have voted you ROY a second time, even after your failed test was made public. We'd be pleasantly surprised if Cushing quietly made it known to the league that he's not going to fight his suspension, because the positive test was caused by him taking performance enhancing drugs.

That'd be an explanation we haven't heard before.

http://deadspin.com/5608128/weekend-winner-a-brand-new-ped-excuse
 
Today. McNair flying to NY. Cushing(& Bob) says they do have new evidence to present.

Awesome. Hopefully this "new evidence" (1) is enough to overturn the suspension (2) will help nullify a suspension IF Cushing ever happens to test positive for hCG again and (3) is not related to any serious health issues.

I'm liking the fact that Bob is putting himself "out there" in defending Cushing.
 
Another thing to keep in mind: In order to actually overturn the suspension, it's pretty much got to be proved that what caused the failed test was not from an outside source and actually was naturally produced. Just offering up viable explanations or even having doctors testifying about different ways this can naturally happen doesn't prove that's what happened in Cushing's situation. The burden is on Cushing. If it is this "overtrained athlete syndrome" Cushing probably has to be monitored by NFL medical staff and show (probably more than once) that his training can produce that level of hCG again. Even in doing so, it doesn't prove that this was the reason for the failed test 12 months ago. I don't see how Goodell could do anything if this is the evidence being presented. It MAY help if Cushing ever tests positive again (maybe?) but it doesn't prove anything for the past failed test that I can gather.
 
I agree with everything you've posted here. But I caution, this kind of attitude from McNair extends to the treatment of David Carr, Kris Brown, and Dunta Robinson. As bad as they were (or eventually became), they were here from the beginning, and McNair believes (seemingly) that he owes them something.

Very, very good point.
 
IMO, McNair better be toting a lot of medical proof into the meeting room with Goodell. Otherwise, I don't think he stands a chance if they truly are going with this "over-trained athlete" stuff.
 
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ChronicleTexans

AP: Suspended Texans LB Brian Cushing says his positive test for a fertility drug was the result of overtraining

http://www.chron.com/disp/story.mpl/sports/fb/texansfront/7145715.html

Suspended Houston Texans linebacker Brian Cushing says his positive test for a fertility drug was the result of overtraining.

Cushing is suspended for the first four games this season after testing positive last September for HCG, a drug on the league’s banned substance list. Cushing says he never took the drug, which can be used to restart testosterone production after a steroid cycle, and has no idea how it got into his body.

Cushing worked out with his team on Monday morning. He says doctors have told him that the failed drug test resulted from “overtrained athlete syndrome,” a condition that he says can trigger hormonal spikes.

Texans owner Bob McNair flew to New York on Monday to meet with NFL commissioner Roger Goodell in hopes of getting Cushing’s punishment reduced. The league denied Cushing’s appeal of the suspension in February.
 
Anyone catch the other mentions of the Texans on MMQB?

"It was in the best interests of Schobel that the Bills released him; it gives a 32-year-old defensive end a chance to play for a winner, or to play for a team closer to his home near Houston. But it was not in Buffalo's best interests to release a guy, instead of waiting until a team in camp got desperate for an eight- to 12-sack player and would pay a draft choice to get him."

Ouch. Guess I can't get too bent out of shape till we do something. He also apparently prefers Fitz over Andre, but that shouldn't be a surprise seeing as he picked Vincent Jackson and Wes Welker over Dre on his All-Pro team. Would just love to see Andre bust out and go for about 1600 and 15 TDs this year and have a couple fantastic post-season games. Week one cannot get here soon enough.
 
I agree. If it's never happened, then why did the league change the pass/fail level on the test?

This is an area I would love some clarification on.

Solomon mentioned this in his blog, anyone think Cushing and the team should take the next step and bring this into court? Is it even a possibility? If they did would it delay the suspension?
 
Cushing recently told Sports Illustrated’s Peter King that he believes he tested positive for hCG (human chorionic gonadotropin), the result of his suspension, because of something called “overtrained athletes syndrome.”

“I think that’s the final diagnosis we came up with, and a lot of doctors have supported why this has happened,” Cushing said to Houston media on Monday. “It’s basically where any time you take a leave of absence, you kind of get a hormonal spike – not very high at all. That’s basically as far as I can go right now.


“… I think every individual’s different. I think every individual is genetically different. I had a unique situation where something like this occurred, and we have, really, the science to back it up... We’ve gone in-depth and a lot of money spent on the research, and there’s been a lot of interesting results, I think, that can help us.”


Cushing said that whenever his suspension ends, he’ll return to the field with plenty of resolve to prove that it’s just a blip on the radar screen of his NFL career.


“That’s my goal, there’s no question about it,” he said. “I’m going to play this game for a long time. There’s no doubt in my mind about that. I’ve got 12 games I’ve got to get ready for. Whatever the decision is made today, I’ve got to respect the decision of the commissioner. I’m playing in his league, and like I’ve said, I’ve got to help this team get ready for Week 1. I have to get ready for whenever I’m back on the field.”


Regardless of the result of McNair’s meeting with Goodell, Texans coach Gary Kubiak reflected on the team owner’s steadfast support of Cushing since the suspension was announced in May.


“I think it’s tremendous,” Kubiak said. “It’s what our game is about. He believes in his players, and his players play hard for him. What more could you ask for as a player? In anything – not just this business, anything – you go work your tail off for somebody every day, and regardless of what you do for a living, you’d like to know the guy up top has your back. He definitely has this football team’s back.”

http://www.houstontexans.com/blog/index.asp?post_id=1304
 
McNair and Cushing know the commissioner isn’t likely to reduce or overturn the suspension. In his two-hour meeting with Goodell, McNair is hoping to lay the groundwork to head off another positive test that could result in a year-long suspension.
http://www.chron.com/disp/story.mpl/sports/fb/texansfront/7145715.html
OK then, this trip to NYC by McNair is more to prevent another suspension rather than getting the first one reversed.
But if the league buys the agrument, why wouldn't it apply to both the existing suspension and any potential suspension in the future ?
 
Enter CnD with his expert opinion. ;)

While Houston Texans linebacker Brian Cushing(notes) continues to proclaim his innocence in the face of his positive PED test last September, and with Texans owner Bob McNair meeting with NFL Commissioner Roger Goodell today to discuss the possibility of reducing Cushing's four-game suspension, Cushing has what he believes is a new reason for his test results. Cushing tested positive for HCG (Human Chorionic Gonadotropin), a drug that can be used to restart testosterone production after a steroid cycle. After consulting with doctors, Cushing told SI.com's Peter King that his test was the result of "Overtrained Athlete Syndrome".
In an interview here Friday, Cushing said he thinks he knows why he tested positive for elevated levels of HCG. "Everything points to that syndrome,'' Cushing said, walking back to the Texans' locker room after their afternoon practice. "I'm pretty sure it is. I'm pretty positive. I didn't take anything. It's not a tainted supplement. So all roads lead to that.''
The syndrome results from athletes training intensely for a long period, with the possibility of a testosterone imbalance resulting when an athlete stops training. I must stress the word "possibility,'' because no player in the history of the NFL substance-abuse program before Cushing tested positive for the higher level of HCG. The widespread belief in NFL circles was that a player who tests positive for HCG would be a steroid user trying to re-start regular testosterone production after it has been interrupted in a cycle of steroid use.
But according to another doctor familiar with the NFL's testing methods, "OAS" (or whatever people might want to call it from now on) is not what McNair, Cushing, and Cushing's representatives should be focusing on. I spoke with Dr. David Black of Aegis Sciences Corporation on Monday morning. According to its website, Aegis provides "Zero-Tolerance Drug Testing® for businesses, professional and amateur sports drug testing, pain management physicians, and medical examiners."

And from what Dr. Black told me, contesting the test should be more about the process then the result. "The way in which HCG testing is conducted in sports is that they use a combination of two screening tests," Dr. Black said. "They don't use what we would practically consider to be a confirmatory test in forensic testing. They give one test and if they have an elevated answer (result), they run a second screening test. The belief is that the two screening tests will show the elevated HCG, but that's not standard practice in forensic drug testing. Forensic drug testing would require a confirmatory test that is based on a second and different technology than the screening test. So, the question, I think, would still undecided as to whether or not the test results indicate use of HCG, or whether or not this is a true violation of the program."

Dr. Black told me that the screening test technology is based on an antibody-based test -- "these antibodies are developed that can recognize the possible presence of a drug or chemical. These kinds of screening tests are used for all sorts of drug testing. But the standard practice in forensic drug testing is that if you have a positive, you then want to use a confirmatory technology, and the confirmatory technology that is accepted in the court systems is called Mass Spectrometry. This is a much more elegant, sophisticated, and definite way of identifying if something is truly present. Screening tests are generally good to show then something is not present. If you really want to show that something is present, you use confirmatory test technology."

So, the NFL does not use Mass Spectrometry? "Not in this test. The NFL uses Mass Spectrometry In virtually all other tests, For this test, they just use the combination of the two different screening tests, which should not be standard practice for identifying if someone has used HCG. This is the way the Anti-Doping Agency approaches testing for this particular compound, and the NFL has generally adopted their approach. But because there are so few [non-negative results], and there's a lot of expense in conducting a Mass Spectrometry test, some scientists believe that it's acceptable. But this would certainly not be acceptable if it were a cocaine positive, or any other drug. If it were any other drug, it would require Mass Spectrometry identification."

Dr. Black also told me that he has testified to the NFL about the need for confirmatory tests in the case of another player, but the hearing panel disregarded his comments. "If I were testing an employee in some [business/professional] setting where HCG were not allowed ... if I tried to use this data to have them lose their jobs, it would not be accepted. I have argued that this is not acceptable practice in forensic drug testing, but [the NFL has] adopted this approach. It is not consistent with Federal or workplace testing programs. And almost all other drugs that are tested for in sports require Mass Spectrometry identification."


Dr. Black did not dismiss the "Overttrained Athlete Syndrome" concept, but said that he is not familiar enough with the syndrome to comment. "I don't know that there's any good evidence to suggest that this syndrome could lead to elevated HCG in the body, if that's what this test really indicates."

And that's really the question. How was Cushing tested, and are those results confirmatory? According to Dr. Black, the best that can be gathered from the antibody tests is a non-negative - that is, something has been identified. If the NFL is still not using Mass Spectrometry to determine whether HCG is present, the league is doing itself and its players a grave disservice.

And if that's the case, Brian Cushing may have one more option.

http://sports.yahoo.com/nfl/blog/sh...-Athlete-Syndrome-quot-isn-t-C?urn=nfl-261207
 
McNair and Cushing know the commissioner isn’t likely to reduce or overturn the suspension. In his two-hour meeting with Goodell, McNair is hoping to lay the groundwork to head off another positive test that could result in a year-long suspension.
http://www.chron.com/disp/story.mpl/sports/fb/texansfront/7145715.html
OK then, this trip to NYC by McNair is more to prevent another suspension rather than getting the first one reversed.
But if the league buys the agrument, why wouldn't it apply to both the existing suspension and any potential suspension in the future ?

I think its because the NFL has a policy for how this is handled.

You test positive, you get to appeal that. Cushing took advantage of this appeal, took it for almost a year, and finally lost that appeal. Therefore, the susepension stands. Why didnt he bring this information to the appeal?

Its like the legal justice system. If you lose your trial,a nd then your appeal, I believe theres a certain time limit you have to wait before you can reappeal. Even if you find new evidence, youve still got to sit in jail until you can legally appeal a 2nd time.

Same with Cushing
 
McNair and Cushing know the commissioner isn’t likely to reduce or overturn the suspension. In his two-hour meeting with Goodell, McNair is hoping to lay the groundwork to head off another positive test that could result in a year-long suspension.
http://www.chron.com/disp/story.mpl/sports/fb/texansfront/7145715.html
OK then, this trip to NYC by McNair is more to prevent another suspension rather than getting the first one reversed.
But if the league buys the agrument, why wouldn't it apply to both the existing suspension and any potential suspension in the future ?

This is the only thing I could really think why this meeting would be made. If the league buys this arguement, it may not apply to Cushing's failed test last year because it doesn't prove that this is the reason why he tested positive. All it may prove is that a player could test positive because of "overtrained athlete syndrome".

I still don't think there can be any evidence that states 100% this is why it occurred. Unless you film the player 24/7 as well as film the testing of any food, drink, supplement that he takes/injests as well as the secured transportation of said food/supplement from testing to its injestation....

I think all this "new evidence" may do is say, "hey, Brian Cushing is a friggin stud and may test positive for higher level of hCG than most other athletes because he's a friggin stud. He's not "taking" any banned substances. He may test positive again and get suspended... but you're banning him from playing the game because he's a natural beast. Also, while you're at it, please suspend Andre Johnson for unfairly being a beast wideout. Although he hasn't tested positive for any illegal/banned substance, his natural beast-like abilities make it unfair for any defensive player in the game." says McNair....
 
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