Watchful eyes of DEA cast on 49ers, others in wake of suit

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One day after the 49ers and at least four other NFL teams were surprised by agents from the Drug Enforcement Administration, club officials still seemed unsure what to make of the quick, high-profile visits.

The Bengals and Lions acknowledged Monday that their medical staffs fielded questions from DEA officials after games on Sunday. The 49ers, Seahawks and Buccaneers previously confirmed similar conversations with federal agents.

The scrutiny was part of an ongoing DEA investigation sparked by a lawsuit filed in May in federal court in San Francisco. That suit, filed on behalf of more than 500 former players, alleges the NFL and its teams, physicians and trainers acted without regard for players’ health in distributing prescription painkillers and anti-inflammatory medication.

The league sought dismissal of the lawsuit on Oct. 30, arguing it cannot be held legally responsible for the alleged misconduct of individual teams’ physicians and trainers. The dismissal motion was argued before U.S. District Judge William Alsup in San Francisco. He has not yet issued a ruling.

Steven Silverman, one of the plaintiffs’ attorneys, found significance in Sunday’s inspections at stadiums across the country.

“Anytime you have the DEA active in making sure the drug laws of the United States are being enforced by the NFL or any corporation, that’s a positive thing,” Silverman said in a phone interview Monday. “And it’s a positive development for current NFL players and future players.

“The drug laws were enacted to protect the public, and those laws should be enforced.”

Head coach Jim Harbaugh said the 49ers are “an open book” in how they handle medications. Head coach Jim Harbaugh said the 49ers are “an open book” in how they handle medications. Photo: James Tensuan / Special To The Chronicle Photo: James Tensuan / Special To The Chronicle Image 1 of / 1 Caption Close Watchful eyes of DEA cast on 49ers, others in wake of suit 1 / 1 Back to Gallery

This is merely the latest in a string of off-the-field issues to shadow the NFL, and the 49ers, this season. The league absorbed widespread criticism for its handling of domestic abuse cases, most notably one involving former Baltimore Ravens running back Ray Rice.

The 49ers faced similar scrutiny for their response to defensive tackle Ray McDonald’s arrest Aug. 31 on suspicion of felony domestic violence. The team allowed McDonald to play during the investigation by San Jose police; the district attorney’s office, citing insufficient evidence, announced Nov. 10 it would not file charges.

The NFL also has found itself in the news for its settlement with former players over the effects of concussions and head trauma. Lawyers are expected to return to court Wednesday in Philadelphia to argue about terms of the settlement.

On Sunday, as the 49ers departed their locker room after a 16-10 victory over the New York Giants in East Rutherford, N.J., three plainclothes DEA agents approached team physician Tim McAdams. They took McAdams into a nearby mail room for nearly 10 minutes, according to the New York Daily News.

McAdams was asked whether he was carrying any controlled substances (he said, “no”) and how the team stored controlled substances, one source said. Several media members were waiting outside when McAdams emerged from the room, though he was not made available.

Team spokesman Bob Lange, who acknowledged the DEA’s visit in a statement Sunday night, declined comment Monday.

Head coach Jim Harbaugh, speaking at his weekly news conference in Santa Clara on Monday, insisted his team is “an open book” in how it handles painkillers and other medication.

“All medications are documented to my knowledge,” he said. “Every medication we have, those are checked and inventoried.”

Silverman, the attorney for the former players, said, “Maybe the NFL is now in compliance. I hope they are. That’s part of what our clients are trying to achieve — a safe locker room for current and future players.”

The league naturally views the lawsuit in a different light.

The former players “cannot in good faith allege that the NFL employed the team doctors, or restricted or controlled the provision of medical care and advice by them to the players,” the league’s attorney, Allen Ruby, said in court papers. “Nevertheless, (the players) sue the league, not the teams that employed them or the doctors or trainers who allegedly dispensed the medications.”

The athletes’ claims that they were defrauded by the NFL are likewise unfounded, Ruby said, because the alleged fraud arose in “one-on-one interactions between team doctors and their patients,” in which the league was not involved.

In the league’s motion for dismissal, Ruby also argued that the suit violated California laws requiring such claims to be filed no more than three years after the injuries occurred. The athletes’ “decades-old injuries fall well outside the limitation period,” he said.

The three-year deadline is suspended in cases involving fraud that keeps victims from learning of their injuries or what caused them.

Staff writer Bob Egelko

contributed to this report.

Ron Kroichick is a San Francisco Chronicle staff writer. E-mail: rkroichick@sfchronicle.com Twitter: @ronkroichick