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Concussions in the NFL

Legal Aspects of SportBy: Braxton Tucker

o NFL Concussion Settlemento What is CTE?o NFL vs. Omaluo Mike Webster, Terry Long and Junior

Seauo Actions Taken by NFLo Riddell Helmetso Players

OVERVIEW

o Retired players claim that the NFL was negligent and mislead players about the dangers of concussions

o August 29th 2013o Concussion Litigationo 4500 players o Including 36 Hall of Famers

o 765million dollars-Settlement waiting approval by federal judgeo $75M cap to cover baseline examso $675 million to compensate former player or families who have suffered

cognitive injuryo $10M for research and education fundo $6M for litigation court expenses fees o $5M cap for men with ALS (Lou Gehrig’s Disease), Parkinson’s Disease &

Alzheimer’s Disease $4 M cap for those diagnosed w/ CTE after death, to family

o $3 M cap for those diagnosed with dementia

NFL Concussion Settlement

http://youtu.be/a1855lilePY

o Who is Eligible? o All retired player, even players who never filed a lawsuito 45 years old and youngero Player who have committed suicideo Practice squad playerso Players not elgible players died prior to 2006 (Mike Webster)o Does not address current players in future years

o Who Funds?o 2 claim administratorso NFL no control in settlement processo Tax Exempt Payouts

o If player choose to opt out. NFL could drag out for years, this brings uncertainy, risk, cost, cost of time, may be decades before, end up with more or less

o Retired by the time settlement is finalized and meet qualifications have access to pool of money (players who might have been plaintiffs not jus t plaintiffs)

o Retired players cliam that the NFL was negligent and mislead players about the dangers of concussions

NFL Concussion Settlement (Continued)

o What is it? It is a progressive degenerative disease of the brain found in athletes and others with a history of repetitive brain trauma. (Sportslegacy.com)o multiple concussions trigger progressive degeneration of the

brain tissue, including the build-up of an abnormal protein called tau.

o Essentially CTE is a building up of tau, an abnormal protein that strangles brain cells in areas that control memory, emotion, and other functions

o Formally known as “punch drunk” thought to be found only in boxers who have taken repetitive hits to the head.

Chronic Traumatic Encephalopathy(CTE)

o In 2002, Dr. Bennet Omalu was assigned to do an autopsy on Mike Webster

o Obvious football had taken a toll on his bodyo Examining the brain he discovered CTE which was a

first in football playerso First hard evidence that playing football could cause

permanent brain damageo Omalu stated, “I had to make sure the slides were Mike

Webster’s slides, I looked again. I saw changes that shouldn’t be in a 50-year-old man’s brains, and also changes that shouldn’t be in a brain that looked normal.”

NFL vs. Omalu

o Dr. Omalu published his finding in Neurosurgery thinking the NFL would want to know more on the issue.

o League officials and doctors urged him to retract findings and this led to him being attacked saying he used “fallacious reasoning”

o Not wanting to believe there was a link with concussion from football to permanent brain damage officials were doing every thing they could to silence Omalu

o NFL doctor, “If 10 percent of mothers in this country would begin to perceive football as a dangerous sport, that is the end of football”

NFL vs. Omalu (continued)

o Elliot Pellman Jets Medical staff and Head of MTBIo believed it was not a big problem “significant percentage of players

returned to play in the same game” “ it can be concluded that mild TBI’s are not serious”

o Red Brick Broadway” to return to gameo 16 scientific papers these papers were written and when problems

arise they would deny actually writing parts of sectiono League of Denial- (Book Published Oct. 8th,2013)

o TBI and CTE in the NFLo 20 years of deny the evidence of long term affect of concussionso NFL had cherry picked data to make the idea that this wasn’t a big

problem Test on 400 playerso Mentality is different was to stay in the game shake it off , now I wish I

would have step out of bounds a few more timeso Tobacco linked to denial

NFL- Mild Traumatic Brain Injuries Committees

o University of Wisconsino 5th Round/ 125th pick in 1974o Steelers 15, Chiefs 1o After retirement suffered amnesia,

dementia, and depressiono In 2002, he died at the age of 50o 1st Former NFL player diagnose with

CTE in 2002 after examinations by Dr. Omalu

MIKE WEBSTER

http://youtu.be/fFkWTGKNLT8

o East Carolina University o 4th Round/ 111th pick in 1984o Steelers 8o In 2005, At the age of 45 committed

suicide from drinking antifreezeo Diagnosed with CTE in 2005 after

examining brain tissue

TERRY LONG

o USCo 1st Round/ 5th pick in 1990o San Diego 12, Miami 3, New England 4o After 19 years he retired in 2009o In 2012, at the age of 43 committed

suicide from a gunshot wound to the chest

o Estimated 1500 concussions in his career

o Found CTE after examination by the National Institute of Health

JUNIOR SEAU

http://youtu.be/b1v0-8ys1HU

o Special Team Injurieso Kickoff moved up 5 yards to 35 yard lineo reduced injuries by 40%

o Helmet to Helmeto Banned helmet to helmet hitso Resulting in suspension, fines & penalties

Taken Action

o After the 2013 season Riddell will no longer be the official helmet of the NFL

o 68% of players wore Riddell last seasono More than 2000 former players have sued

Riddell claiming that helmets are overemphasized on how much the helmet will prevent brain injury

o National Operating Committee on Standards for Athletic Equipment (NOCSAE)

No More Riddell

o Steve Young- knocked out of final game Sept 27th 1999 due to concussion

o Troy Aikman – endured 10 concussion in his 12 year career his last concussion ended his 2000 season short

o Tony Dorsett(Age 59)- Rushed for more than 12,000 yards, recently diagnosed with CTE

o Mentality is different was to stay in the game shake it off , now “I wish I would have step out of bounds a few more times”

Other notable players

THE END