On 24 October 2019 the South American Football Confederation (CONMEBOL) Disciplinary Court decided to sanction the Uruguayan football player Gastón Laduche Gerpe after he tested positive for the prohibited substance Dorzolamide. Imposed was a 6 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 28 April 2019.
Hereafter in December 2019 the International Football Federation (FIFA) reported a new anti-doping rule violation against the Athlete after his A and B samples - collected on 21 November 2019 - tested again positive for the substance Dorzolamide in a low concentration.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FIFA Disciplinary Committee.
The Athlete denied the intentional use of the substance and argued that he acted without Fault or Negligence. He asserted with corroborating evidence that in this case the positive test results were caused by intoxacation. This resulted in his first anti-doping rule violation for which he was already sanctioned for 6 months by CONMEBOL.
In support the Athlete filed an AMIDEVA Laboratory Report that stated that the source of the positive test result were prescribed eye drops containing Dorzolamide, used by his grandparents for the treatment of ocular glaucoma.
Through environmental and involutary contamination at his home the substance came into his system whereas it has the characteristics to remain in blood and urine for months. To avoid further evironmental contamination in the house of his grantparents the Athlete had moved to another house.
In view of the Athlete's AMIDEVA Report the FIFA's expert witness established that the found contration Dorzolamide in the Athlete's samples was 100 times lower than the Required Minimum Performance Levels defined in WADA Technical Document. The expert witness also confirmed that the source of origin had caused the positive tests in April 2019 as in November 2019 throug environmental contamination.
The FIFA Disciplinary Committee finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation.
Considering the evidence in this case the Committee accepts that the violation was not intentional and that the Athlete demonstrated how the substance had entered his system. As a result the Committee deems that there are exceptional circumstances and that the Athlete acted with No Fault or Negligence.
Therefore on 28 October 2021 the FIFA Disciplinary Committee decides not to impose disciplinary consequences on the Athlete.
