Bengals linebacker Vontaze Burfict, who had previously been suspended for almost everything, but who violated PED policy, now faces a PED violation. And his field has leaked his own excuse to ESPN, which, as articulated, contains less water than a hula hoop.
Adam Schefter of ESPN approves the idea that Burfict will argue that the positive test came from the medication prescribed for him after a concussion and / or medication on December 4 prescribed for him after a shoulder injury on the 24th. from December.
Burfict will also argue, according to Schefter, that the positive test occurred on December 27, after being discarded for the season. Therefore, he will argue that he could not have obtained any advantage because he was not playing in more games.
However, Schefter does not mention that, as of December 27, Burfict had not been ruled out for the season. Two days later, Burfict appeared on his injury report as doubtful, indicating a 25 percent chance of playing. On December 30, Burfict was demoted to out.
Perhaps the most important thing is that a player's game state is not related to the requirement that, 365 days a year, players can not have prohibited substances in their system. Similarly, the league has specific procedures to obtain permission to take prescription medications that are prohibited by the PED policy. There is no indication that Burfict has satisfactorily complied with each and every one of the requirements to obtain permission to take something that team doctors should have known is prohibited.
Burfict may have obtained the medication from his own doctor, who may have ignored the fact. The NFL will automatically suspend a player for four games if the substances are in his system.
Therefore, on its surface, planned defense seems like a losing proposition. Maybe there are more facts that reinforce the case. If there were, they would presumably have been provided to Schefter and included in his story.