CAS 2008/A/1511 O'Hara v/WADA & UEFA
Mr. Jamie O'Hara is a British football player and at the time under contract to Tottenham Hotspur. He suffered from severe acne and Urticaria pigmentosa whereas he used prescribed medication with a valid TUE.
In December 2007 the Athlete's condition deteriorated and he underwent medical treatment in a hospital. He received an intravenous injection of hydrocortisone and used prescribed Prednisolone.
Thereupon the Athlete applied for a retroactive TUE. However in January 2008 the UEFA TUE Committee refused to grant the retroactive TUE and in February 2008 the WADA TUE Committee confirmed this decision.
Hereafter in March 2008 the Athlete appealed the UEFA and WADA TUE Committee's decisions with the Court of Arbitration for Sport. The Athlete requested the Panel to set aside the decisions of the UEFA and WADA TUE Committee and to grant a retroactive TUE for Hydrocortisone and Prednisolone.
In this case the Panel assessed and addressed the following issues:
- emergency treatment or treatment of an actute medical condition;
- significant impairment to healt;
- reasonable therapeutic alternative.
The Panel concludes that in view of the Athlete's acute condition the prescription for Prednisone was necessary. The Athlete has also met his burden of proving on the balance of probabilities that, in the circumstances of the case, there were no reasonable therapeutic alternatives to Prednisolone. The Panel deems that in accordance with the International Standards he could apply for a retroactive TUE.
Therefore the Court of Arbitration for Sport decides on 21 October 2008:
1.) The decision issued on 8 January 2008 by the UEFA TUE Committee and the decision issued on 29 February 2008 by the WADA TUE Committee are set aside.
2.) Mr Jamie O'Hara is granted a retroactive TUE for the use of Prednisolone between 29 December 2007 and 1 January 2008.
3.) The costs of the arbitration, to be determined and served on the parties by the CAS Court Office, shall be borne by UEFA.
4.) UEFA shall pay to Mr Jamie O'Hara an amount of CHF 3,000.00 (Three Thousand Swiss Francs) as contribution to costs incurred in connection with this arbitiatlon.
5.) Each party shall otherwise bear lts own legal costs and all other expenses incurred in connection with this arbitratdon.
6.) All other prayers for relief are dismissed.
