FISA 2009 FISA vs Sergey Shushin

In April 2009 the International Federation of Rowing Associations (FISA) has reported an anti-doping rule violation against the Athlete Sergey Shushin after his sample tested positive for the prohibited substance hydrochlorothiazide.
After notification by the Russian Rowing federation a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FISA Doping Hearing Panel.

The Athlete stated that in March 2009 during training he suffered from a severe back pain. The Athlete was hospitalised and treated with prescribed medications and physiotherapy.
Hereafter the Athlete provided a sample for drug testing in April 2009 and mentioned all the prescribed medication he used on the Doping Control Form. At the doping control the Athlete was surprised to hear that one of the prescribed medication contained a prohibited substance. The Athlete applied immediately for a TUE, but RUSADA rejected his TUE due to his application should have been made 7 days after the beginning of the medical treatment.
The hospital doctor submitted that the used diuretics are one of the normal prescriptions she would prescribe for patients with a back pain condition. The doctor claimed she had no special knowledge related to the treatment of high level Athletes.

The Panel considers the circumstances that the Athlete’s doctors prescribed medications without knowledge of the WADA prohibited list and made no TUE application when the Athlete was treated in the hospital.
The Panel finds that there was no convincing evidence and no justification for the use of the prescribed diuretics for the Athlete’s medical condition.
The Panel rules that the Athlete has not proved to their comfortable satisfaction, that he was not taking the specified substance to enhance performance or to mask a substance which would enhance performance.
Therefore the FISA Doping Hearing Panel decides to impose a 2 year period of ineligibility on the Athlete, starting at the date of the provisional suspension, i.e. on 22 April 2009.

Original document

Parameters

Legal Source
Decisions International Federations
Date
7 October 2009
Arbitrator
Rolland, Jean-Christophe
Smith, Tricia C.M.
Williams, Michael
Original Source
International Federation of Rowing Associations (FISA)
Country
Russian Federation
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Substantial delay / lapsed time limit
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Rowing (WR) - World Rowing
Other organisations
Федерация гребного спорта России (ФГСР) - Russian Rowing Federation
Laboratories
Moscow, Russia: Antidoping Centre Moscow [*]
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Hydrochlorothiazide
Medical terms
Legitimate Medical Treatment
Physical injury
Therapeutic Use Exemption (TUE)
Various
Athlete support personnel
Education
Document type
Pdf file
Date generated
31 January 2014
Date of last modification
6 February 2014
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