Cushing's Lawyer: NFL Expert Supported Claim Made During Appeal

In a report by Houston Chronicle reporter John McClain, Brian Cushing's lawyer and agent have finally spoken publicly about Cushing's failed appeal of his failed performance enhancing drug test. In Cushing's press conference, no reporter asked him the basic question: "What was the compelling medical and scientific information that you believed would result in your appeal being upheld."

Cushing's lawyer for the appeal, Harvey Steinberg claims that Cushing had a pre-existing pituitary condition that may have caused the linebacker to have natural levels of hCG (human chorionic gonadotropinin) in his system, above the amounts allowed by the NFL. The report says that Cushing went to hospitals in San Diego, Denver and Houston to determine why the levels violated the test. During his press conference, Cushing expressed concerns about the uncertainty of his health situation.

HCG is banned by the NFL because steroid users can use it to try to restart their natural testosterone after/during a steroid cycle. Sometimes drug tests can't pick up the steroids, but can pick up the use of hCG. It can also be found in the male body naturally in small amounts relating to pituitary problems and can be a marker for tumors.

Steinberg says that given the evidence they provided, he expected that they would win the appeal. He claims that the NFL's own expert during the appeals process contradicted another NFL expert on whether hCG could be produced naturally in a male body, and that Cushing's expert said "his low levels were consistent with natural (hCG) production."

Steinberg blames the secrecy of the process on himself. He told Cushing not to tell anyone about what he was going through. The suspicious tests occurred in September, Cushing was informed in October and the appeal occurred in February. Cushing did not learn of the results of the appeal until recently.

Due to the collectively bargained NFL PED policy, the NFL is supposed to stay confidential about the nature of the PED violation and what transpired in appeal. With only Cushing's side talking, there is little way to confirm or deny his side's version of what transpired. With no transparency in the NFL PED appeals process, Texan fans may be left thinking that their playmaking linebacker will be suspended for four games even though the NFL's own expert conceded that Cushing might have produced the hCG naturally.

Cushing is then left as either the king of all sports steroid liars by feigning that he feared for his health and life, or a victim of an immense rush to judgment, where most fans and media didn't even care to get his side of the story and preferred to rely on anonymously-sourced comment and speculation. Everyone is naturally skeptical of anything steroid related given events of recent years, and the subject of PED cheaters is difficult for dialogue that doesn't turn into speculation, amateur doctor analysis and misinformation.