I just posted the following on the Froome thread. It definitely belongs here as well:
70kmph said:
Petacchi sample the Barcelona lab found it to be oral dosage
In his witness statement, Prof. Segura, the Director of the Barcelona Laboratory, stated his
opinion that, “The results of the sample coded A926245, which I have been told belongs to Mr. Petacchi, are not compatible with an “accidental” swallowing of a portion of the product in the course of a therapeutic use of Salbutamol by inhalation, i.e within the dosage indicated above. Possible explanations of the results of the test obtained through the enantiomers method indicate that such results have been caused by a direct oral administration of Salbutamol or the “accidental” swallowing of a part of the product administered by inhalation at a supra therapeutic dose, i.e. a dose, which clearly exceeds the dosage indicated above”.
https://jurisprudence.tas-cas.org/Shared Documents/1362, 1393.pdf
Grazie mille! This is a great find. It’s exactly what I wanted to see, but I was unable to open the Petacchi case at the CAS website on my computer. Let's break it down.
On 26 May 2007 the Rome Laboratory issued its report. It recorded the concentration of Salbutamol in Sample A as 1352 ng/ml. The urine specific gravity was stated to be 1.033.
This is really interesting. If the correction had been applied, his level would have been reduced to 819 ng/ml. But the panel didn’t accept this. Why not? Read on.
Mr. Petacchi stated that he took two puffs of his Ventolin inhaler before the race, two puffs before finishing the race, and two or three puffs after the race had finished, about an hour before he gave the sample in total 600-700 mcg of Salbutamol.
None of the studies I’ve seen report that an inhaled dose of that size would result in a urine concentration (corrected) of 819 ng/ml, even if the dose were taken all at once, and urine submitted at peak, about one hour later. Given Petacchi’s actual description of the events, which indicate only 2-3 puffs were taken within an hour or so of providing the sample, it’s even more improbable.
And note what the prosecution’s experts say:
Dr Botré, who had been Director of the Rome Laboratory since 1999 and Director of the Olympic Laboratory at the 2006 Turin Olympics, gave evidence of the rarity of finding a Salbutamol concentration as high as that found in the present case. He stated that in the last nine years at the Rome Laboratory he had had overall responsibility for checking 60-70,000 samples for Salbutamol, of which about 80% were from athletes in competition. Only about five or six samples had been found to contain a concentration of more than 1000 ng/ml of Salbutamol. At the 2006 Turin Olympics, he had tested about 1,450 samples from athletes and found Salbutamol in about 16 or 17 samples. All of these had contained less than 300 ng/ml of Salbutamol.
Dr Todaro stated that in over 20 years of activity in asthma treatment and as a consultant at the Olympic Games he had never seen a case in which, after a therapeutic use of inhaled Salbutamol, the concentration of Salbutamol in an athlete’s urine exceeded 1000 ng/ml. He considered that a concentration of 1352 ng/ml would indicate that an athlete had taken at least 12 puffs of Ventolin (1200 mcg of Salbutamol), if that was the only route used to administer it.
This is really devastating to Froome’s case. I’ll only add that 12 puffs would be enough to reach 1352 ng/ml only if all of the dose were taken at once, which is not allowed under WADA rules (maximum of 800 ug/12 hr).
Petacchi’s team brings up some points that surely Froome will also try to make:
1) high urine concentration;
2) several puffs after the finish
3) may have swallowed some of the inhaled dose
I’ve already addressed 2). Why does the final decision reject 1) and 3)? Wrt high urine concentration:
In response to Mr. Petacchi’s argument that the concentration of Salbutamol found in his urine should be adjusted to take into account the high specific gravity of his urine that day, WADA pointed out that the practice of adjusting results to take into account variations in specific gravity is only used by it in relation to endogenous substances. Salbutamol is not an endogenous substance. There is no WADA technical document or other guidance which recommends this practice in relation to it. Dr Rabin stated that WADA does not apply a correction for specific gravity because the 1000 ng/ml threshold is considered high enough generally to take into account all the variables mentioned by Mr. Petacchi, including urine specific gravity.
I'll just add that we don't know what Froome's sample's SG was, but since it was accepted as a valid sample, it couldn't have been too high. As I've noted before, even if the correction were allowed, it would have to be in the range of 1.036 - 1.040.
What about swallowing some of the inhaled dose? The prosecution doesn’t rule this out, but argues that the amount swallowed would not be enough to account for the results of the enantiomer test that is used to distinguish inhaled vs. oral:
The results of the sample coded A926245, which I have been told belongs to Mr. Petacchi, are not compatible with an “accidental”swallowing of a portion of the product in the course of a therapeutic use of Salbutamol by inhalation, i.e within the dosage indicated above.
Possible explanations of the results of the test obtained through the enantiomers method indicate that such results have been caused by a direct oral administration of Salbutamol or the “accidental”swallowing of a part of the product administered by inhalation at a supra therapeutic dose, i.e. a dose, which clearly exceeds the dosage indicated above.
Petacchi’s team also argues that unusual metabolism or renal function may have contributed to the high level, but can’t provide any evidence for this.
Overall, this is the most relevant single document I’ve seen, and it’s really devastating to Froome’s case. Unless some new information pops up that changes everything, I think it will be very difficult for him to argue against a suspension.
Edit: Some more very interesting stuff in the final decision. The Panel’s decision did not conclude that Petacchi intentionally doped. They ruled that he accidentally took too much:
The Panel is satisfied that the explanation for the concentration of Salbutamol found in his urine was that he took too many puffs of his Ventolin inhaler on that day, including some after the race…
The Panel is satisfied that Mr. Petacchi is not a cheat, and that the adverse analytical finding in this case is the result of Mr. Petacchi simply, and, possibly, accidentally, taking too much Salbutamol on the day of the test, but that the overdose was not taken with the intention of enhancing his performance. Indeed, it would be an unusual way of attempting to enhance performance to take the prohibited substance after the particular event had concluded…
In the circumstances, the Panel is satisfied that Mr. Petacchi bears No Significant Fault or Negligence because his fault or negligence, when viewed in all the circumstances and taking into account the criteria for no fault or negligence, was not significant in relation to this anti-doping rule violation. It follows, therefore, that the Panel can reduce the period of ineligibility which Mr. Petacchi would otherwise have to suffer.
This is almost certainly a joke, of course, but it’s not an impossibility, and allowed them to rationalize giving him a relatively short suspension of ten months. It also allows Petacchi to present himself as an honest rider who just made a mistake, something that Froome would seize on.
But there's a much bigger implication for Froome's case. Petacchi's period of suspension began well after the Giro in which he tested positive, though of his Giro results were also disqualified. This is intriguing, because if Froome’s case went to CAS, and was not resolved until after the Giro and TDF, it’s conceivable, based on this precedent, that he could receive a suspension that would start after those events. He would still lose the Vuelta, but he could possibly be allowed to keep Giro and TDF results
even if he lost the decision.
With regard to that possibility, the Panel stated that normally a final decision would be reached within four months after an appeal is filed. That would suggest that if Froome wants to take the case to CAS, he could conceivably have the process finished before the Giro. If he lost in that case, then he would surely be suspended for both the Giro and the Tour. However, if there were delays in this case, as there often are (the Petacchi decision was not handed down until seven and half months after the appeal), or if Froome simply delayed in taking the case to CAS, he could get through both GTs before the decision.