In July 2022 the United States Anti-Doping Agency (USADA) reported an anti-doping rule violation against the Athlete Inika McPherson after her A and B samples tested positive for the prohibited substance Furosemide.
Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the American Arbitration Association Commercial Arbitration Tribunal.
The Athlete admitted the violation and denied the intentional use of the substance. She argued that she acted with No Significant Fault or Negligence and requested for a reduced sanction.
She explained that at the material time she suffered from a heel injury and had used prescribed as well as over-the counter anti-inflammatory medications. In June 2022 she was still under treatment for her injury and she used over-the-counter ibuprofen because she ran out of her prescribed medication.
The Athlete testified that in June 2022 she visited the grandmother of her close friend. Because she had pain from her injury she asked for an anti-inflammatory and she received one pill from the grandmother.
However the Athlete was unaware that the grandmother had a prescription for the use of Furosemide. Also the grandmother was suffering from dementia and she had confused her anti-inflammatory pills with a different medication.
USADA accepted that the Athlete's violation was not intentional. Yet, it contended that the Athlete failed to demonstrate No Significant Fault or Negligence.
Following assessment of the evidence and the circumstances the Sole Arbitrator concludes that the Athlete's violation was not intentional. She had demonstrated how the prohibited substance had entered her system and established on a balance of probabilities No Significant Fault or Negligence.
Therefore the AAA Tribunal decides on 12 April 2023 to impose a 16 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 22 July 2022.
