Draft of U3 Paper

Michael Dailey
Dr. Pallo
Focused Inquiry
4 May 2016
Protecting the Defenseless
Injuries, no matter what sport it is being played, are inevitable and can happen to anyone
at any time. There are a couple ways to prevent them such as strengthening the muscles around
the injury or simply not playing the sport at all. One injury that has become the main talk in
every sport is a concussion. One doesn’t seem to be too bad right? Wrong, concussions are the
one injury that can negatively effect someone’s life after their career. But the argument stems
from the player’s association and the NFL executives. The players argue that the NFL executives
aren’t doing enough, meaning implementing harsher rules and fines, and making the protocols
more extensive than what they already are. Executives on the other hand dispute that argument
by saying that concussions have no direct correlation with former players developing brain
disease.
CTE (Chronic Traumatic Encephalopathy), is the deterioration of the brain as a result of
brain trauma. CTE, otherwise known as brain disease, has been found in each of the brains
doctors have done studies on, to make people aware on this issue. Studies show that players that
have suffered repeated concussions throughout a career, have seen signs of depression and loss
of memory. In an article written in the Oxford Journal, entitled “Depressive Symptoms and
Concussions in Aging Retired NFL Players”, Nyaz Didehbani, et.al did tests comparing players
who have a history of concussions with people who have never suffered a single concussion.
They wrote “We hypothesized that there would be an association between depressive symptoms
and number of concussions in former professional NFL players, and that athletes would endorse
more symptoms of depression compared with controls. (Didehbani, Cullum, Mansinghani, et.al).
They concluded that concussions increase the chances of being diagnosed with depression. Their
results stated, “These findings suggest that as the number of concussions increase, the likelihood
of reporting depressive symptoms also increase.” (Didehbani, Cullum, Mansinghani, et.al).
These results and conclusions are pivotal for players battling and suffering from post-concussion
side effects as a result of multiple concussions.
Bennet Omalu, a leading researcher on the case of linking CTE to concussions has done
studies and has proved that there is a link between the two. In a scientific journal Omalu, with
the help of his colleagues wrote, they wrote their finding linking the two together. Omalu wrote
in the journal, “Our case represents an extremely rare scenario whereby a complete autopsy was
performed on a retired NFL player with a comprehensive neuropathological examination, which
revealed changes consistent with CTE” (Omalu, DeKosky, Minster, et.al). This link and finding
is pivotal to current and future players. These findings can lead to better protection for the
players so that the prevention of concussions becomes the main concern for NFL executives.
There is a numerous amount of rules set in place to protect players and punish the players
doing this act of violence so that they are reprimanded for the foul play they chose to do. For
example, in article 6 labeled, “Unnecessary Roughness”, in the NFL Rulebook labels
unnecessary roughness and head hunting as “Using any part of a player’s helmet (include the
top/crown and forehead/“hairline” parts) or facemask to butt, spear, or ram an opponent violently
or unnecessarily” (NFL Rulebook). The consequences for this act or penalties during the game
and fines as high as $50,000 and suspensions for a repeating offender. Not necessarily making
more rules is going to solve the problem, but making the rules that have already been made, a bit
harsher will help get the point across to players. At least for those who intentionally try and
injure someone.
A concussion protocol has been placed in effect is continuously evolving to help protect the
player’s safety and make sure they’re not being placed in a dangerous situation. The concussion
protocol goes very in depth explaining what a concussion is defined as and how the signs of one
having a concussion. Each year, studies are done on the brain so that better medical aid and
medical attention is provided to improve player’s safety and make sure they’re 100% concussion
free before returning to the field of play. An example is the impact test, which tests the brains
ability to remember simple patterns, is used throughout all levels of sports help pinpoint players
who are suffering from a concussion. Various tests on and off field are also done so players
aren’t at risk. As tedious as they may seem, the NFL is doing everything they can to ensure
player’s aren’t putting their lives at risk. They describe the thought behind the protocol at the end
of the rules and procedures of it. The protocol summary says “In summary, the protocols for the
diagnosis and management of concussions including pre-season education and assessment,
practice and game management protocols, and return to play requirements, provide a
comprehensive approach to concussion diagnosis and management for the NFL player.” (NFL
Concussion protocol). The concussion protocol that the NFL has made and set up for these
players is a great way for these players to get the time they need so they aren’t rushing back into
the game still concussed.
These protocols and rules for players with concussions weren’t yet put in effect until 2007.
Didehbani, from the Oxford Journal earlier stated explained what players who had retired before
that year had not been able to receive due to those guidelines not being put in place. They wrote
“While guidelines from the 2007 National Football League (NFL) “Health and Safety” meeting
mandated baseline and post- concussion neuropsychological testing, in addition to educating
athletes and their families about concussion symptoms, these rules were not in place for many
players who are now retired.” (Didehbani, Cullum, Mansinghani, et.al).
There are many problems that stem from concussions and lack of protection for these players
that have been on the rise here lately. Why hasn’t better protection, whether that be harsher rules
and penalties, for vulnerable spots like the head been heavily been provided to these players?
This really wouldn’t be a problem if there was no trace of brain disease likely being caused by
concussions. If former players weren’t taking their lives and families lives at such young ages,
the question of why wouldn’t have been brought up. In a law journal written by Michael Telis,
he quoted a note that David Duerson wrote before taking his life. He wrote, “Please, see that my
brain is given to the NFL brain bank.” (Telis 1842). This meaning behind this metaphor shows
that another brain, because of concussions, has been added to a list of players whose career’s and
lives have ended because of the repeated blows to the head they received during their career. But
reality shows that this is a problem and it needs to be compromised sooner rather than later.
Opposing views usually stem from executives saying that any harsher rules and punishments
is going to take the entertainment away from the sport. No one wants to watch a sport where
players aren’t hitting each other hard and trying to knock the other team out right? Making the
game boring means losing money. But on the other hand too, these players know what they’re
signing up for when they sign huge contracts. Not saying that it’s their full responsibility
whenever they get a concussion, but the responsibility of knowing this is what they signed up for
also needs to be brought to question when these players complain about receiving too many
concussions.
Concussions aren’t small injuries one can just look over and take medicine or have surgeries
done to fix. They’re injuries that seem minuet when they first happen but take a toll on the
mental health of that person later down the road. The only recommendation that comes to mind
when thinking about the concussion rules is making the penalties and suspensions harsher to get
the point across to players that this isn’t a joke. Possibly ending someone’s career and ruining
their future isn’t alright no matter impactful or competitive the sport is. Safety is something
everyone in the NFL is entitled to, it’s the executives job to provide that and take away the
parties that are causing that to be taken away.
Work Cited
Didehbani, Cullum, Mansinghani, et al. "Depressive Symptoms and Concussions in Aging
Retired NFL Players." Archives of clinical neuropsychology (2013): act028. 30 Apr.
2016. Web.
NFL. "2015 NFL Rulebook." NFL Operations. NFL, 2015. Web. 29 Apr. 2016
“NFL Head, Neck and Spine Committee’s Protocols Regarding Diagnosis and Management
of Concussion” NFL Players. NFL Players, pdf. 3 May 2016
Omalu, Bennet I., et al. "Chronic Traumatic Encephalopathy in a National Football
League player: part II." Neurosurgery 59.5 (2006): 1086-1093. 27 Apr. 2016. Web.
Telis, Michael. "Playing through the Haze: The NFL Concussion Litigation and Section
301 Preemption." Georgetown Law Journal 102.6 (2013-2014): 1842-1851. 28 April.
2016. Web.