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49ers' Medical Staff Questioned by Federal Drug Agents

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Members of the San Francisco 49ers before a game earlier this season in Denver. (Justin Edmonds/Getty Images) ((Justin Edmonds/Getty Images))

Update, 4:45 p.m.: At a Monday news conference, reporters asked 49ers Head Coach Jim Harbaugh about yesterday's incident in which team medical personnel were questioned by federal drug agents.

Harbaugh said he knew nothing about DEA episode, which is reportedly connected to a lawsuit by former NFL players alleging rampant abuse of prescription drugs. When pressed, Harbaugh said the 49ers were an "open book" in terms of the team's handling of prescription painkillers.

Then, as the conversation continued, Harbaugh was asked again about reports that teams have routinely administered powerful painkillers to allow players to take the field. This exchange ensued:

Q. Is it expected of a player to do that, to take that stuff?

Harbaugh: No, there's no expectation of that.

Q.: If it's suggested to a player and he doesn't take it, what's the response?

Harbaugh: It's not suggested.

Q.: Even with the 53-man roster and people waiting, is there pressure on a player ...?

Harbaugh: As I said. I made my point. I think we've plowed this ground as thoroughly as we can plow. It's plowed, it's been seeded, and now it's grown. It's well documented. It's an open book in terms of how we catalog and how we dispense.

Original post: Six months ago, a group of several hundred former pro football players made a brief media splash when they filed a lawsuit alleging that the National Football League systematically dispenses powerful painkillers in an attempt to keep injured performers on the field and to maximize the NFL's profits.

Among the teams singled out for attention in the suit: the San Francisco 49ers. Retired offensive lineman Jeremy Newberry said that because of the drugs he took while playing, he suffers from kidney failure, high blood pressure and violent headaches. On game days, Newberry said, he and up to 25 of his San Francisco 49ers teammates would retreat to the locker room to receive Toradol injections in the buttocks 10 minutes before kickoff. Toradol, a potent non-steroidal anti-inflammatory drug, numbed the pain almost instantaneously.

The league has moved to dismiss the suit, which now includes 1,300 former players as plaintiffs. But on Sunday, the complaint (embedded below) led to concrete action when federal drug agents questioned members of the 49ers' medical staff as well as those of the Tampa Bay Buccaneers and Seattle Seahawks.

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Here's the New York Daily News account of what happened when Drug Enforcement Administration agents took the 49ers' employees aside after the team's victory over the Giants at MetLife Stadium in New Jersey:

Federal drug agents, hoping to determine if San Francisco 49ers doctors, nurse practitioners and trainers are complying with federal law regulating the distribution of painkillers and other medications, questioned members of the team’s medical staff at MetLife Stadium after the franchise’s 16-10 victory over the Giants on Sunday.

Drug Enforcement Administration officials reportedly also grilled members of Tampa Bay’s medical staff at Baltimore-Washington International Airport following the Buccaneers’ 27-7 win in Washington to see if the team is in violation of the Controlled Substance Act of 1970. The Seahawks’ medical staff was also questioned on Sunday.

“DEA agents are currently interviewing NFL team doctors in several locations as part of an ongoing investigation into potential violations of the CSA,” agency spokesman Rusty Payne said.

A Daily News reporter witnessed three plainclothes DEA agents approach a 49ers team physician as he exited MetLife with coach Jim Harbaugh as the team passed through metal detectors and headed toward awaiting buses. The agents took the doctor to a nearby mailroom for almost 10 minutes.

“The only thing they asked was whether he was carrying any controlled substances,” 49ers public relations director Bob Lange told The News. “He’s our team physician. He said, ‘No.’ That was it.”

The physician was then allowed to go through security and proceed onto the bus for the cross-country flight back to San Francisco.

The Washington Post quoted an unidentified law enforcement source as saying the surprise inspections Sunday were part of an ongoing investigation into NFL teams' alleged misuse of prescription drugs. DEA spokesman Payne told the Post that the May lawsuit prompted the investigation.

Here's the full Associated Press story on Sunday's inspections:

Jim Litke
Associated Press

Federal drug enforcement agents showed up unannounced Sunday in New Jersey to check the San Francisco 49ers medical staff as part of an investigation into former players' claims that teams mishandled prescription drugs.

There were no arrests, Drug Enforcement Administration spokesman Rusty Payne said Sunday. The San Francisco 49ers' staff was checked at MetLife Stadium in East Rutherford, New Jersey, after the team played the New York Giants.

The DEA ran checks on two other teams, too: The Tampa Bay Buccaneers' staff was checked after playing in Washington. The Seattle Seahawks, who played at Kansas City, confirmed via the team's Twitter account that they were spot-checked as well.

"DEA agents are currently interviewing NFL team doctors in several locations as part of an ongoing investigation into potential violations of the (Controlled Substances Act)," Payne said.

The spot checks were done by investigators from the federal DEA. They did not target specific teams, but were done to measure whether visiting NFL clubs were generally in compliance with federal law. Agents requested documentation from visiting teams' medical staffs for any controlled substances in their possession, and for proof that doctors could practice medicine in the home team's state.

"Our teams cooperated with the DEA today and we have no information to indicate that irregularities were found," NFL spokesman Brian McCarthy said in an email.

The nationwide probe is being directed by the U.S. Attorney's Office for the Southern District of New York — where the NFL is headquartered — but involves several U.S. attorney's offices.

The investigation was sparked by a lawsuit filed in May on behalf of former NFL players going back to 1968. The number of plaintiffs has grown to more than 1,200, including dozens who played as recently as 2012. Any violations of federal drug laws from 2009 forward could also become the subject of a criminal investigation because they would not be subject to the five-year statute of limitations.

"This is an unprecedented raid on a professional sports league," said Steve Silverman, one of the attorneys for the former players. "I trust the evidence reviewed and validated leading up to this action was substantial and compelling."

Federal prosecutors have conducted interviews in at least three cities over the past three weeks, spending two days in Los Angeles in late October meeting with a half-dozen former players — including at least two who were named plaintiffs in the painkillers lawsuit, according to multiple people with direct knowledge of the meetings who spoke on the condition of anonymity because prosecutors told them not to comment on the meetings.

The lawsuit alleges the NFL and its teams, physicians and trainers acted without regard for players' health, withholding information about injuries while at the same time handing out prescription painkillers such as Vicodin and Percocet, and anti-inflammatories such as Toradol, to mask pain and minimize lost playing time. The players contend some teams filled out prescriptions in players' names without their knowledge or consent, then dispensed those drugs — according to one plaintiff's lawyer — "like candy at Halloween," along with combining them in "cocktails."

Several former players interviewed by The Associated Press described the line of teammates waiting to get injections on game day often spilling out from the training room. Others recounted flights home from games where trainers walked down the aisle and players held up a number of fingers to indicate how many pills they wanted.

The controlled substance act says only doctors and nurse practitioners can dispense prescription drugs, and only in states where they are licensed. The act also lays out stringent requirements for acquiring, labeling, storing and transporting drugs. Trainers who are not licensed would be in violation of the law simply by carrying a controlled substance.

The former players have reported a range of debilitating effects, from chronic muscle and bone ailments to permanent nerve and organ damage to addiction. They contend those health problems came from drug use, but many of the conditions haven't been definitively linked to painkillers.

The lawsuit is currently being heard in the northern district of California, where Judge William Alsup said he wants to hear the NFL Players Association's position on the case before deciding on the league's motion to dismiss. The NFL maintained that it's not responsible for the medical decisions of its 32 teams. League attorneys also argued the issue should be addressed by the union, which negotiated a collective bargaining agreement that covers player health.

The DEA investigation comes during a turbulent time for the NFL.

The league is still weathering criticism over its treatment of several players accused of domestic violence and just wrapped up an arbitration hearing involving Ravens running back Ray Rice, who is contesting the length of his suspension. The league has hired former FBI director Robert Mueller III to investigate its handling of the Rice case.

The NFL is also trying to finalize a $765 million class-action settlement reached in August 2013 over complaints by thousands of former players that the NFL concealed the risk of concussions.

Here's the full complaint filed in U.S. District Court in San Francisco:

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