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Headwinds for NFL lawsuits

Most of the lawsuits against the NFL -- which now number close to 20 -- seek compensation for former players, citing the league knew about the dangers of concussions but neglected to inform them.

Indeed, the NFL formed its Mild Traumatic Brain Injury Committee in 1994, long before the current spate of awareness.

What that committee concluded and/or reported, what the league knew and when they knew it, and what was transmitted to the players will undoubtedly be the focus of the impending lawsuits. In addition to the science.

The new NFL

The newly-built NFL Head, Neck and Spine Committee was formed in 2010 to replace the 1994 group, the source of repeated controversy.  The NFL's effort to "clean house," resulted in the inclusion of many of the nation's leading concussion experts on the new committee, who now serve as trusted medical advisors.

The NFL and Commissioner Roger Goodell have been staunch supporters of concussion laws across the country since 2010, urging governors to pass legislation and sending league representatives to testify at hearings in many states.

The NFL and the players' union have committed $100M over the next decade to fund research, most of it related to concussions.

And under Goodell's reign the game has changed and there's likely more to come as off-season reviews get underway.

Quick response

On Oct. 23 San Diego's Kris Dielman waved off a referee who seemed concerned that he may have taken a hard hit to the head.  Dielman, who did not stop playing, suffered a grand mal seizure on the team's plane ride home.  Immediately the NFL announced that referees would receive additional training on concussion recognition and NFL "observers" were stationed up in the press box at each game to aid those whose view may be obstructed on the sidelines.

Not long after, Browns QB Colt McCoy was allowed back in the game after most of the TV viewing audience thought he likely suffered a concussion -- he did -- after an illegal hit by James Harrison.  McCoy was never evaluated on the sideline and the public outcry was deafening, including strong statements from McCoy's father.  The NFL acted quickly and upgraded the "observer" to a trained medical professional, and installed instant replay capability on the sideline as an added precaution.

The NFL of old

But the former players involved in the lawsuits dealt with the NFL of old, a league who many charge handled things improperly, resulting in their current disabilities. The plaintiffs claim repeated concussions have resulted in physical and mental disabilites caused by repetitive head injuries.  And the league should have done more to protect them.

Legal scholars say the lawsuits will face significant headwinds, most importantly, the assumption of risk. In other words, the players knew the game was dangerous when they signed on.

"I don’t fundamentally see how you get around the problem of the assumption of the risk," Robert Boland, a sports law professor at New York University told the Boston Herald.

And then there's the science

There is compelling evidence that repetitive head impacts like those suffered over the course of an NFL or NHL career cause physical damage to the brain, most notably, chronic traumatic encephalopathy (CTE).  Researchers at Boston University's Center for the Study of Traumatic Encephalopathy have autopsied the brains of former professional football and hockey players and found evidence of the degenerative disease.  But 17-year-old Nathan Stiles, a football player who died from second-impact syndrome in 2010 had early-stage CTE as well, surprising even the pathologist, Dr. Ann McKee.

It will be up to the attorneys and the medical experts to make sense of the science.  Obviously, by the time an athlete begins a professional sports career he has had his share of impacts to the brain, whether they were recorded concussions or not.  Research on the effects of sub-concussive hits -- impacts that don't cause concussion symptoms but potentially cause changes in brain chemistry -- is in its infancy. Did any one individual's degenerative brain damage begin in college, high school, or from too many falls off a bike during childhood?

Looking forward

The search for answers is led by some of the most well-respected medical professionals in the field of brain trauma.  Historically, there has been little funding, but that is changing thanks to financial committments from the NFL and other organizations.

The responsibility for concussion management will someday be assigned -- to one or several entities -- through the channels of our legal system.  As the science evolves, parents will be able to make better choices for their children and retired professional athletes will live longer, healthier lives.

 


 

Source: Concussion lawsuits put spotligt on NFL policies -- Boston Herald -- Feb. 11, 2012

NFL Health and Safety

Questions/comments? contact Jean Rickerson at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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