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Dave Herman Says He’s Out of UFC 136 Due to Failed Drug Test

Posted on by Ken Pishna

Dave Herman and John-Olav Einemo at UFC 131

Dave Herman lands a knee on John-Olav Einemo

The Ultimate Fighting Championship on Wednesday announced a shake-up to the UFC 136 fight card. Heavyweight Dave Herman was forced to drop out, and a rematch between Leonard Garcia and Nam Phan was bumped up to the main card on pay-per-view. It appears Herman’s bout against Mike Russow will be dropped form the card altogether.

UFC 136 takes place on Oct. 8 at the Toyota Center in Houston.

While the UFC was vague about the reason behind Herman’s removal from the card, the fighter himself joined hosts Jeff Dotseth and Stephen Quadros on Wednesday’s edition of Clinch Gear Radio. Herman revealed that the Texas Department of Licensing and Regulation says that he failed a prefight drug test required for licensing.

“I went in to get my drug test and a week later they called and said they lost my urine specimen and I had to come in and redo it,” Herman explained. “That was last week and I went back in that day. Then today they said I failed. I’m like, uh, that’s impossible.”

Impossible as it may seem, when a regulating body indicates a positive drug test result, it’s a difficult accusation to overcome.

Although he insists there is no way he could have submitted a positive sample, Herman said that he hadn’t really considered any legal action at this point. Of course, all of this fell in his lap on Wednesday, so he hasn’t had much time to consider a course of action, if any.

“It’s disappointing. I’ve been training really hard. But stuff happens. Maybe it’s for the best. Give me some more time to get even better,” said Herman.

While he seems resigned to the fact that he’s off the UFC 136 fight card, Herman seemed a little perplexed at the way his test was handled.

“It was Sept. 15 I went in and submitted the first test. And then a week later they emailed me and called me and said they lost the sample and said I had to go in and do it again. I went in again that day and then today they got the results back I guess,” he recounted.

“But then Texas said that they never lost it and the first one was for drugs and the second one was for steroids. They didn’t say it was for performance enhancing drugs; they said I had marijuana. And I don’t even smoke. Although I think the Diaz brothers do claim that as performance enhancing, somehow.”

Yes, Herman was able to dig up his usual sense of humor, even during such a down time for him.

He has only begun to delve into the situation, so he wasn’t certain what effect this would have on his career with the UFC.

MMAWeekly.com made attempts to contact the Texas Department of Licensing for comment, but the person that handles such matters was out of the office on Wednesday and unavailable. We will continue to follow up on the situation and report and further details as they become available.


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  • http://www.bloodyfists.net/forums/index.php SHORT_BUS

    I didn’t know Texas even tested. Did they just start or have they been doing it all along and it just wasn’t very publicized?

    I’d like to know more about their testing procedures. Things like chain of custody, which lab is contracted to conduct testing, what they test for (PED’s, drugs of abuse) if they split samples in order to create an “A” and “B” sample so a second (more detailed) test can be conducted if a test comes back positive, notification procedures, appeals process… Things of that nature.

    Hey Ken, I would assume the various commissions have to have some sort of published SOP regarding drug testing. It would be interesting to see how they all stack up against one another. It’s a pretty important aspect of the sport as far as trying to maintain a level playing field yet we rarely hear about the inner workings of such things. I wonder if Texas, Nevada, California, New Jersey and any of the other more prominent commissions would be willing to forward a copy of their SOP to MMA Weekly and you guys could post it. Maybe they already have it posted on their websites. I would think something like that would be a matter of public record.

  • jared499

    I agree I personally would find that interesting. But this makes a great point, if each regulating board is doint things differently, then it is time to get Olympic style testing done, by one company that does all MMA testings. This way there is less room for error and questioning like this.