Jeremy Mayfield expert clarifies education, background
Harvey MacFenerstein, the drug-testing expert suspended owner/driver Jeremy Mayfield is using in his lawsuit against NASCAR, said that he thought a revised affidavit that corrected inaccuracies in his background was going to be submitted as part of Mayfield’s lawsuit.
MacFenerstein, president of Analytical Toxicology Corp., released a statement Thursday morning through the DPK Public Relations firm to address the inaccuracies in his affidavit, which was the subject of a NASCAR motion filed Monday asking the U.S. District Court in Charlotte to throw out his testimony.
In the affidavit filed with the court May 29, MacFenerstein stated that he got a medical degree from CETED University. In his statement Thursday, he said he earned the degree in 1982 from Universidad Centro de Estudios Technologicos, more commonly called Universidad CETEC in the Dominican Republic. He said he studied there from 1980 to 1982 after transferring from Universidad Del Noreste in Tampico, Tamaulipas, Mexico, where he studied from 1978-80.
“Before signing an affidavit, I noticed inaccuracies regarding my background and corrected them,” MacFenerstein said in the statement. “Unfortunately, the revisions I made were not reflected in the affidavit that was filed.
“This error has hurt me and damaged my reputation. I am proud of my educational and professional background.”
MacFenerstein, whose testimony states that NASCAR needs to follow federal workplace guidelines even though it is not a federal program, does not address in the statement the NASCAR allegations that his affidavit misrepresented that he graduated from Midwestern State University of Texas, that he is a member of the American Association for Clinical Chemistry and that he represents himself as a medical review officer even though he allegedly is not certified by the main two organizations that certify MROs.
But MacFenerstein, who said he was not compensated for giving his opinion in the case, defended his knowledge of drug-testing procedure as the owner and operator of drug-testing laboratory Analytical Toxicology Corp. in San Antonio since 1996.
He said his lab is tested by the College of American Pathology every 90 days and has gone more than 10 years without incident.
He said he is an active member of the American Academy of Clinical Toxicology and the American Chemical Society.
“I have devoted my career to achieving the highest standards of professionalism and accuracy,” MacFenerstein said. “It is heartbreaking that my reputation and credibility have been tainted due to these accusations. I am proud of my educational and professional accomplishments and played no role in the distortions of my background.”
NASCAR indefinitely suspended Mayfield on May 9 for the failed drug test taken May 1. Mayfield, who claimed a mix of prescription drug Adderall-XR, which is commonly used to treat attention-deficit disorder, and over-the-counter Claritin-D allergy medicine resulted in the positive result, is suing NASCAR to get the suspension lifted.
