Concussions in the NFL
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Legal Aspects of Sport
By: Braxton Tucker
OVERVIEW
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NFL Concussion Settlement
What is CTE?
NFL vs. Omalu
Mike Webster, Terry Long and Junior Seau
Actions Taken by NFL
Riddell Helmets
Players
http://youtu.be/a1855lilePY
NFL Concussion Settlement
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Retired players claim that the NFL was negligent and mislead players about the dangers of
concussions
August 29th 2013
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Concussion Litigation
4500 players
Including 36 Hall of Famers
765million dollars-Settlement waiting approval by federal judge
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$75M cap to cover baseline exams
o $675 million to compensate former player or families who have suffered
cognitive injury
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$10M for research and education fund
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$6M for litigation court expenses fees
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$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
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Who is Eligible?
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(Continued)
All retired player, even players who never filed a lawsuit
45 years old and younger
Player who have committed suicide
Practice squad players
Players not elgible players died prior to 2006 (Mike Webster)
Does not address current players in future years
Who Funds?
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2 claim administrators
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NFL no control in settlement process
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Tax Exempt Payouts
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
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)
Retired players cliam that the NFL was negligent and mislead players about the dangers
of concussions
Chronic Traumatic Encephalopathy
(CTE)
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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)
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multiple concussions trigger progressive degeneration of the
brain tissue, including the build-up of an abnormal protein called
tau.
Essentially CTE is a building up of tau, an abnormal protein
that strangles brain cells in areas that control memory,
emotion, and other functions
Formally known as “punch drunk” thought to be found only
in boxers who have taken repetitive hits to the head.
NFL vs. Omalu
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In 2002, Dr. Bennet Omalu was assigned to do an autopsy
on Mike Webster
Obvious football had taken a toll on his body
Examining the brain he discovered CTE which was a first
in football players
First hard evidence that playing football could cause
permanent brain damage
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
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Dr. Omalu published his finding in Neurosurgery thinking
the NFL would want to know more on the issue.
League officials and doctors urged him to retract findings
and this led to him being attacked saying he used
“fallacious reasoning”
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
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- Mild Traumatic Brain Injuries
Committees
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Elliot Pellman Jets Medical staff and Head of MTBI
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16 scientific papers these papers were written and when problems
arise they would deny actually writing parts of section
League of Denial- (Book Published Oct. 8th,2013)
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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”
Red Brick Broadway” to return to game
TBI and CTE in the NFL
20 years of deny the evidence of long term affect of concussions
NFL had cherry picked data to make the idea that this wasn’t a big
problem Test on 400 players
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
Tobacco linked to denial
MIKE WEBSTER
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University of Wisconsin
5th Round/ 125th pick in 1974
Steelers 15, Chiefs 1
After retirement suffered amnesia, dementia,
and depression
In 2002, he died at the age of 50
1st Former NFL player diagnose with CTE in
2002 after examinations by Dr. Omalu
http://youtu.be/fFkWTGKNLT8
TERRY LONG
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East Carolina University
4th Round/ 111th pick in 1984
Steelers 8
In 2005, At the age of 45 committed suicide
from drinking antifreeze
Diagnosed with CTE in 2005 after examining
brain tissue
JUNIOR SEAU
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USC
1st Round/ 5th pick in 1990
San Diego 12, Miami 3, New England 4
After 19 years he retired in 2009
In 2012, at the age of 43 committed suicide from
a gunshot wound to the chest
Estimated 1500 concussions in his career
Found CTE after examination by the National
Institute of Health
http://youtu.be/b1v0-8ys1HU
Taken Action
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Special Team Injuries
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Kickoff moved up 5 yards to 35 yard line
reduced injuries by 40%
Helmet to Helmet
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Banned helmet to helmet hits
Resulting in suspension, fines & penalties
No More Riddell
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After the 2013 season Riddell will no longer be
the official helmet of the NFL
68% of players wore Riddell last season
More than 2000 former players have sued
Riddell claiming that helmets are
overemphasized on how much the helmet will
prevent brain injury
National Operating Committee on Standards
for Athletic Equipment (NOCSAE)
Other notable players
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Steve Young- knocked out of final game Sept 27th 1999 due
to concussion
Troy Aikman – endured 10 concussion in his 12 year career
his last concussion ended his 2000 season short
Tony Dorsett(Age 59)- Rushed for more than 12,000 yards,
recently diagnosed with CTE
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”
THE END