Lawyer: Romero "duped" by supplement company
Contacted by the Daily News, the lead attorney representing J.C. Romero in his lawsuit against the manufacturer and distributors of 6-OXO Extreme said the Phillies lefthander felt he had been "duped" by the various parties.
Lawyer: Romero "duped" by supplement company
David Murphy, Daily News Staff Writer
Contacted by the Daily News, the lead attorney representing J.C. Romero in his lawsuit against the manufacturer and distributors of 6-OXO Extreme said the Phillies lefthander felt he had been "duped" by the various parties.
“He was led to believe the supplement he was taking was not a banned substance, and that’s really the basis of the complaint," South Jersey-based Jeffrey Craig said.
“Major League Baseball is not a party here. He was duped by the drug manufacturer who mislabeled the product and the retail store that sold the product.”
Romero has steadfastly insisted that the positive drug test that has sidelined him for 50 games was the result of a tainted supplement. Today, he has taken his battle to the courtroom, filing a lawsuit in the Superior Court of New Jersey against Ergopharm Inc. and Proviant Technologies, which manufactured the supplement 6-OXO, and the companies that own and operate the Vitamin Shoppe and GNC.
GNC spokeswoman Laura Brophy said the company doesn't comment on pending lawsuits. Messages for representatives of the other defendants have not been returned.
Romero tested positive on Aug. 26, 2008, for androstenedione, a banned substance under Major League Baseball's steroid testing program.
The lawsuit, filed today, does not seek specific monetary damages. Romero's 50-game suspension will cost him roughly $1.4 million in salary.
The lawsuit claims the following damages have been incurred, the amounts of which will be proven at trial:
1) The loss of past income and earning capacity
2) The loss of income and earning capacity which Romero can reasonanbly be expected to have enjoyed in the future.
3) Past and future pain, suffering and humliation.
4) Loss of enjoyments of life, past and future.
Romero is alleging negligence, breach of implied warranties, strict product liability, intentional misrepresentation, negligent misrepresentation, violation of the New Jersey consumer fraud act, punitive damages against all defendants
"Testing positive and being suspended from baseball was one of the most painful experiences in nmy life and robbed me of the joy of winning the World Series and damaged my reputation in the process," Romero said in a statement. "I purchased an over-the-counter supplement that I was told and believed would not cause me to test positive. These events have hurt me deeply and placed a cloud over my career, accomplishments and family. It is my hope that I can finally start to put this event behind me and protect the interests of others who rely on manufacturers and retailers to be honest about their products. I look forward to rejoining the Phillies and my teammates at the end of my suspension."
Messages left with the defendants have not been returned at this point. More information as we get it.
Daily News Staff Writer Dave Davies contributed to this report.
FREE JC!— Potus415- Couldn't/shouldn't he have sued the MLBPA and MLB for the suspension as well--like an injunction to prevent/suspend the suspension while working out the details? I believe that he did not have any appeal options under the COB--or that was already exhausted--but clearly he got screwed. I also seem to remember a few Minnesota Vikings players who were going to be suspended towards the end of the season for a positive drug test, but a MN judge stepped in (either at their request or on his own) and issued an injunction, allowing them to play. Does that sound familiar to anyone? If I have my facts straight, why couldnt JC have done that, too?— alaver
- I love JC and all... but my first reaction? WAAAAAAAAAAAAAAAA. from what i understand all he had to do was call his union's hotline and he would've known that this substance was banned. If that's true - he's got only himself to blame.— terryharmon
- If he wins this case, can he come out and play? Please?— elektrika
- I think it's reasonable to expect compensation for lost salary, and I might even go along with a bit for tainted reputation and loss of playing time. Beyond that, I think some of these charges are over-the-top. JC should be happy he did get to compete in the WS. I also think all players should learn from this that they'd better go the extra step to get an explicit OK from MLB itself as to the legitimacy of anything they intend to put in their bodies. It's a shame JC apparently suffered all this as the result of an overly strict test and in spite of purchasing over-the-counter. I just think being so suit-happy has cost our society in more ways than one. And alaver, he did take the option of appealing, thereby suspending the onset of his suspension, so that he could play during the playoffs last year.— gbrettfan
- It would be interesting to know what the disclosure policy is for this and similar substances. Androstenedione is a substance that is illegal to sell in the US; so I assume that the supplement Romero used is either a legal but MLB-banned deriative or causes a false positive for a banned and illegal substance. In spite of what the manufacturers post on their products, the Phillies and Romero should have done their due diligence and consulted with the league's supplement hotline. They, like the other players and trainers who have inquired about this product, would have know that this supplement was banned.— tgray83
- Philly stiil loves you JC, see you in June!!!— KevinRx
- From what I recall reading back when the story first came out, JC did send it to the MLBPA to get tested. They claimed it was safe to use, so he began testing it. However, when he got his blood test, it came up positive for illegal substances. When he appealed, he used that as his argument that he did not knowingly take an illegal supplement. Unfortunately, they ruled that regardless of whether or not he knew what he was taking, it still enhanced his performance thus he was still suspended.— setchel
- From what I recall reading back when the story first came out, JC did send it to the MLBPA to get tested. They claimed it was safe to use, so he began testing it. However, when he got his blood test, it came up positive for illegal substances. When he appealed, he used that as his argument that he did not knowingly take an illegal supplement. Unfortunately, they ruled that regardless of whether or not he knew what he was taking, it still enhanced his performance thus he was still suspended.— setchel
Comment removed.- I think he has a helluva case and it could set an interesting precedent for future related cases...give 'em hell, JC.— TBR1209
- I would like to sue my job for "loss of enjoyments of life, past and future". That's hysterical!!— jjbrett23
- For the first time in my life, I agree with the premise of a punitive lawsuit. Let's win the WS again this year so JC can enjoy it. See you in June JC!!!— JesseH
- He has no case against the league or the union, since they followed accepted procedures that were adopted as part of a bona fide labor contract. I'm unfamiliar with the Minnesota case, except to note that the Judge could not have (legally) stepped in on his own. There have been a number of cases in which a local judge issued such an injunction only to have it overturned on appeal. The case I am most familiar with is the case of Kenny Thomas and the NCAA's determination that he was not eligible to play as a freshman at the University of New Mexico. He sued the University and the NCAA in Albuquerque and the judge ruled in his favor, issuing the injunction that reinstated Thomas a few games into his Freshman year. By the time the case wound its way through the courts, Thomas and UNM realized they had a losing hand and they struck a deal with the NCAA that made Thomas ineligible for a few games during his senior season. I am familiar with this case since the judge's wife was one of my best friends in law school, and because I lived in NM at the time. In that case there were more facts on Thomas's side than is true for Romero. An official at his then HS in El Paso checked whether a certain course taken his freshman year met NCAA standards and was told yes. The fly in that particular ointment is that the schools and players have to meet the requirements as of the time of proposed enrollment in college, and the standards changed shortly after the advice was given, yet no body checked for the next 3 1/2 years.— judas_priest
- Comment removed.
