Tammy is her "attorney"

Discussion in 'Road Cycling' started by Steven Gee, Jan 24, 2004.

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  1. Steven Gee

    Steven Gee Guest

    Note from the Bike.com excerpt that she is representing herself. It would be rather expensive the
    hire an attorney to represent, e.g. $50K

    Former Track Cyclist Tammy Thomas Scheduled To Appear In Court Thomas Sues USADA Lab

    From: Phil Marques - Saturday, January 24, 2004

    (Los Angeles, CA) - Former track cyclist Tammy Thomas is scheduled to appear in federal court on
    March 8 as a plaintiff in a civil lawsuit she filed back in November 2003 against the IOC accredited
    laboratory used by the United States Anti-Doping Agency to test athlete urine and blood samples.

    The lawsuit, filed in federal United States District Court in Los Angeles, names as defendants UCLA
    Olympic Analytical Laboratory, its Director Don H. Catlin, and 27 others including the regents of
    the University of California Los Angles (UCLA).

    Thomas, 34, of Valley Glen, Calif., was handed a lifetime ban from cycling by the North American
    Court of Arbitration for Sport (CAS) on September 6, 2002, after the Panel concluded she had tested
    positive for the anabolic steroid norbolethone.

    The lawsuit alleges the defendants used Thomas's biological specimens to conduct research without
    her explicit informed consent and then published her case in the journal Rapid Communications in
    Mass Spectrometry in violation of federal and California state law.

    Thomas's lawsuit also alleges that her urine samples were erroneously reported positive for
    norbolethone and that the defendants engaged in a "malicious attempt to cover up the highly flawed
    drug testing process."

    "It's definitely an uphill battle, but I'm pursuing it anyway," asserts Thomas. "Catlin says that
    all he did was to write a case report on unusual findings, but I've got experts who agree that it
    was definitely human subject research."

    Thomas is scheduled to depose Catlin and a witness from the U.S. Office for Protection of Human
    Subjects on February 24.

    Thomas's lawsuit goes on to state that "in accordance to USADA protocol, only negative urine
    samples may be used for research, but all such markings on the samples which identify the samples
    as coming from a particular athlete shall be obliterated. In addition, recently, a substantial
    number of world anti-doping experts expressed the opinion that athletes must give their consent
    before their samples are used for research. Article 1.5.4. of the 2004 World Anti-Doping Code was
    changed to reflect that view."

    "He didn't use my name," said Thomas, who is representing herself in court. "But there were
    sufficient identifiers present so that I could be identified - it was obvious."

    Defendant Catlin, a professor and member of the International Olympic Committee Medical Commission,
    is expected to be a key witness to present evidence in the upcoming CAS hearing against cyclist
    Adham Sbeih.

    Sbeih, 30, from Sacramento, Calif., was the 2000 U.S. Elite National Time Trial Champion and member
    of the Sierra Nevada cycling team.

    Catlin's UCLA lab claims Sbeih tested positive for recombinant human erythropoietin (rHuEPO), an
    injectable performance-enhancing drug, at the U.S. Cycling Federation (USCF) Elite Track National
    Championships at Trexlertown, Pa., on Aug. 26, 2003. EPO, a prescription drug sold under the
    brand name Eprex, increases red blood cell production and thus endurance. However Sbeih is
    mounting a legal defense that he hopes will show the EPO test used by UCLA produced a false
    positive in his case.

    The same type of EPO test employed by the UCLA lab in Sbeih's case has been defeated twice in formal
    legal proceedings.

    Danish cyclist Bo Hamburger was the first to do so in 2001. In that case, the Danish Sports
    Federation concluded that there were doubts about the accuracy of the test after Hamburger's B
    sample tested negative. As recently as September of 2003, world-class Kenyan 1,500 meter runner
    Bernard Lagat was the second athlete to successfully refute a positive EPO test. As in Hamburger's
    case, Lagat's A sample tested positive, but his B sample was negative.

    Catlin did not immediately respond to questions seeking his comments for this article.

    Although not listed as a defendant in the lawsuit, the Court of Arbitration for Sport (CAS) Panel
    that ruled on Thomas's case is alleged in the civil lawsuit to have been "biased." Peter Lindberg,
    the arbitrator chairperson who presided over Thomas's CAS hearing, is the same arbitrator who took
    part in the recent controversial majority decision involving current U.S. national road champion
    Amber Neben of the T-Mobile team back in October of 2003. In the Neben case, Lindberg voted along
    with arbitrator Carolyn Witherspoon to not apply a three month extension to Neben's six month
    suspension that UCI Articles 151 and 152 state is compulsory for any suspension imposed that is less
    than one year. As a result, critics say Neben's suspension thus improperly ended on January 13
    instead of April 13.

    Thomas is also suing the publisher of the medical journal, John Wiley & Sons, Inc. , who printed
    Catlin's article. The article, entitled "Detection of Norbolethone, An Anabolic Steroid Never
    Marketed, In Athletes' Urine," was published online on May 14, 2002. It was published in hard copy
    on June 5, 2002.


    Copyright © 2004 bike.com All Rights Reserved
     
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  2. Jiyang Chen

    Jiyang Chen Guest

    Are you a mechanic for US Postal?
     
  3. Steven Gee

    Steven Gee Guest

    Yes I am. How did you know that I work on Mail Trucks ?

    Steve

    "Jiyang Chen" <[email protected]> wrote in message news:<[email protected]>...
    > Are you a mechanic for US Postal?
     
  4. B. Lafferty

    B. Lafferty Guest

    I hope she shaves and wears a conservative men's suit to court.

    "Steven Gee" <[email protected]> wrote in message
    news:[email protected]...
    > Note from the Bike.com excerpt that she is representing herself. It would be rather expensive the
    > hire an attorney to represent, e.g. $50K
    >
    >
    >
    > Former Track Cyclist Tammy Thomas Scheduled To Appear In Court Thomas Sues USADA Lab
    >
    > From: Phil Marques - Saturday, January 24, 2004
    >
    > (Los Angeles, CA) - Former track cyclist Tammy Thomas is scheduled to appear in federal court on
    > March 8 as a plaintiff in a civil lawsuit she filed back in November 2003 against the IOC
    > accredited laboratory used by the United States Anti-Doping Agency to test athlete urine and blood
    > samples.
    >
    > The lawsuit, filed in federal United States District Court in Los Angeles, names as defendants
    > UCLA Olympic Analytical Laboratory, its Director Don H. Catlin, and 27 others including the
    > regents of the University of California Los Angles (UCLA).
    >
    > Thomas, 34, of Valley Glen, Calif., was handed a lifetime ban from cycling by the North American
    > Court of Arbitration for Sport (CAS) on September 6, 2002, after the Panel concluded she had
    > tested positive for the anabolic steroid norbolethone.
    >
    > The lawsuit alleges the defendants used Thomas's biological specimens to conduct research without
    > her explicit informed consent and then published her case in the journal Rapid Communications in
    > Mass Spectrometry in violation of federal and California state law.
    >
    > Thomas's lawsuit also alleges that her urine samples were erroneously reported positive for
    > norbolethone and that the defendants engaged in a "malicious attempt to cover up the highly flawed
    > drug testing process."
    >
    > "It's definitely an uphill battle, but I'm pursuing it anyway," asserts Thomas. "Catlin says that
    > all he did was to write a case report on unusual findings, but I've got experts who agree that it
    > was definitely human subject research."
    >
    > Thomas is scheduled to depose Catlin and a witness from the U.S. Office for Protection of Human
    > Subjects on February 24.
    >
    > Thomas's lawsuit goes on to state that "in accordance to USADA protocol, only negative urine
    > samples may be used for research, but all such markings on the samples which identify the samples
    > as coming from a particular athlete shall be obliterated. In addition, recently, a substantial
    > number of world anti-doping experts expressed the opinion that athletes must give their consent
    > before their samples are used for research. Article 1.5.4. of the 2004 World Anti-Doping Code was
    > changed to reflect that view."
    >
    > "He didn't use my name," said Thomas, who is representing herself in court. "But there were
    > sufficient identifiers present so that I could be identified - it was obvious."
    >
    > Defendant Catlin, a professor and member of the International Olympic Committee Medical
    > Commission, is expected to be a key witness to present evidence in the upcoming CAS hearing
    > against cyclist Adham Sbeih.
    >
    > Sbeih, 30, from Sacramento, Calif., was the 2000 U.S. Elite National Time Trial Champion and
    > member of the Sierra Nevada cycling team.
    >
    > Catlin's UCLA lab claims Sbeih tested positive for recombinant human erythropoietin (rHuEPO), an
    > injectable performance-enhancing drug, at the U.S. Cycling Federation (USCF) Elite Track National
    > Championships at Trexlertown, Pa., on Aug. 26, 2003. EPO, a prescription drug sold under the
    > brand name Eprex, increases red blood cell production and thus endurance. However Sbeih is
    > mounting a legal defense that he hopes will show the EPO test used by UCLA produced a false
    > positive in his case.
    >
    > The same type of EPO test employed by the UCLA lab in Sbeih's case has been defeated twice in
    > formal legal proceedings.
    >
    > Danish cyclist Bo Hamburger was the first to do so in 2001. In that case, the Danish Sports
    > Federation concluded that there were doubts about the accuracy of the test after Hamburger's B
    > sample tested negative. As recently as September of 2003, world-class Kenyan 1,500 meter runner
    > Bernard Lagat was the second athlete to successfully refute a positive EPO test. As in Hamburger's
    > case, Lagat's A sample tested positive, but his B sample was negative.
    >
    > Catlin did not immediately respond to questions seeking his comments for this article.
    >
    > Although not listed as a defendant in the lawsuit, the Court of Arbitration for Sport (CAS) Panel
    > that ruled on Thomas's case is alleged in the civil lawsuit to have been "biased." Peter Lindberg,
    > the arbitrator chairperson who presided over Thomas's CAS hearing, is the same arbitrator who took
    > part in the recent controversial majority decision involving current U.S. national road champion
    > Amber Neben of the T-Mobile team back in October of 2003. In the Neben case, Lindberg voted along
    > with arbitrator Carolyn Witherspoon to not apply a three month extension to Neben's six month
    > suspension that UCI Articles 151 and 152 state is compulsory for any suspension imposed that is
    > less than one year. As a result, critics say Neben's suspension thus improperly ended on January
    > 13 instead of April 13.
    >
    > Thomas is also suing the publisher of the medical journal, John Wiley & Sons, Inc. , who printed
    > Catlin's article. The article, entitled "Detection of Norbolethone, An Anabolic Steroid Never
    > Marketed, In Athletes' Urine," was published online on May 14, 2002. It was published in hard copy
    > on June 5, 2002.
    >
    >
    >
    >
    > Copyright © 2004 bike.com All Rights Reserved
     
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