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Thursday, June 20, 2013

Romero files suit

37 comments

Romero files suit

POSTED: Monday, April 27, 2009, 3:16 PM

So J.C. Romero has sued Ergopharm, the company that made his androstenedione-containing supplement, 6-OXO Extreme. He also sued the Vitamin Shoppe and GNC, where he bought the stuff. As most of you know, Romero was suspended 50 games after testing positive (the test occurred on August 26, 2008), though he claims he didn’t know that the supplement contained a banned substance. Only Romero knows if that is true, because none of us was privy to his thoughts when he purchased and repeatedly ingested the andro. He will ultimately lose $1.4 million in salary.

 His statement reads:
"Testing positive and being suspended from baseball was one of the most painful experiences in my 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."
 
Major League Baseball has a hotline that players can call to learn whether their supplements contain anything that would trigger a positive test. Players have said that MLB has not advertised the service well enough. But if Romero had gone out of his way and taken this step (and wouldn’t you be extra diligent in matters that could threaten your livelihood and reputation?) people would not be guessing at his intentions, he wouldn’t have needed to hire a legal team and PR firm and he’d be $1.4 million richer. 

UPDATE: Thanks to the reader who reminded me of this January New York Times story, which provides a helpful summary of the entire situation, and resolves the confusion over whether calling the hotline would have helped.  Near the bottom of the story, MLB's Rob Manfred states clearly that the league would have told Romero not to take 6-OXO, had the pitcher called the hotline.

This is from pages 4-5 of the lawsuit: “During the All-Star break in July 2008, Plaintiff went to a GNC store in his home town of Fairhope, Alabama, where Plaintiff was well known as a professional baseball player. Plaintiff asked the salesperson at GNC about 6-OXO EXTREME, and specifically asked the salesperson at GNC if 6-OXO EXTREME would make him test positive on a Major League Baseball drug test. Plaintiff relied on the representations of the salesperson at GNC that 6-0XO EXTREME would not make him test positive for any substance banned by Major League Baseball, Plaintiff purchased one bottle of 6-OXO EXTREME from the GNC store, which he consumed up to an through August 16, 2008 (italics mine).”
 
The lawsuit goes on to say that Romero read “literature” on Ergopharm, and consulted with “colleagues.” Those experiences led him to feel comfortable taking the supplement.
 
All the while, the hotline was available, capable of providing a definitive “no.”
37 comments
Comments  (37)
  • 0 like this / 0 don't   •   Posted 2:46 PM, 04/28/2009
    KarenA........Thanks. As for Larry Andersen, for quite a while I did not like him at all. He was always bumbling and fumbling, messing up names, not realizing who was in the game, laughing about how screwed up his scorecard was, making references to "adult beverages", etc.... He was just too goofy (His "shallow thoughts" were more than enough for me. Glad they don't do that anymore.)and he drove me nuts. Over the last few years however, he has settled down a lot. His commentary is much better. He is more open, honest, direct, and pointed, to the point where he will regularly call guys out on bad plays, poor at-bats, lousy pitching, etc.... He's much more balanced now. I like his excitement and I enjoy listening to him. I'd like to see Franzke and Andersen become the main broadcast tandem, as I too feel they work well together and call a good game.
    bski
  • 0 like this / 0 don't   •   Posted 3:10 PM, 04/28/2009
    I actually don't like LA's background cheering - like Wheels in the World Series, he should let the call happen without throwing in his cheers. I could see if it was once and a while, especially in big games, but its every single time. I yell too while at the game or watching tv, but its not my job to be professional about it.
    Gary Varsho
  • 0 like this / 0 don't   •   Posted 3:13 PM, 04/28/2009
    I check in on this blog to get the writer's take on some issues that can't be addressed in the print edition, no as a comprehensive source of info on everything Phillies. I buy the paper! I read about Lidge in Salisbury's story as well as the game results. And I agree with the blogger and commenters who hold Romero responsible for his behavior.
    spinmeister
  • 0 like this / 0 don't   •   Posted 3:32 PM, 04/28/2009
    I actually agree with the point about this blog not being a comprehensive source for all news about the Phils. But, one of the basics of a blog, message board, whatever you want to call it, is a regular, topical posting schedule, if for no other reason than to keep the posts organized. Frankly, I could care less what the Keeper of the Blog has to say, but today there should have been at the very least an item on the Phillies wild win, and a note about Lidge's health status. Why? So the people who frequent the blog can post their opinions without having to do it under yesterday's news. It's really not that complicated.
    bobby
  • 0 like this / 0 don't   •   Posted 3:51 PM, 04/28/2009
    If you want to comment on Lidge's knee, go for it. Back to Romero: maybe he and A-Roid should hold a joint news conference to discuss how young and stupid they were. Or, whatever other excuses they can muster.
    spinmeister
  • 0 like this / 0 don't   •   Posted 4:40 PM, 04/28/2009
    Mets just released Freddie Garcia.
    RAS
  • 0 like this / 0 don't   •   Posted 4:51 PM, 04/28/2009
    According to MLB.com, "Hanrahan out as Nationals' closer"
    RAS


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