Thursday, 7 June 2012

The Super Bowl of Law Suits




You could say this is the Super Bowl of lawsuits. The NFL is being accused of hiding and covering up obvious links between football-related injuries and brain injury. Multiple lawsuits involving thousands of former players impacted by concussions and brain injuries have been combined into one , setting up a massive and potentially costly case for the NFL.
Lawyers for the players filed the complaint Thursday in Philadelphia, accusing the NFL of hiding information that linked football-related head trauma to permanent brain injuries. Among the illnesses cited were dementia and Alzheimer's disease.
The players hope to hold the NFL responsible for the care of players suffering from these devastating illnesses.
Also named in the suit is well-known helmet maker Riddell Inc.
"The NFL must open its eyes to the consequences of its actions," said Kevin Turner, a former running back with the Patriots and Eagles who has been diagnosed with amyotrophic lateral sclerosis (ALS). "The NFL has the power not only to give former players the care they deserve, but also to ensure that future generations of football players do not suffer the way that many in my generation have."
The suit accuses the NFL of "mythologizing" and glorifying violence through the media, including its NFL Films division.
"The NFL, like the sport of boxing, was aware of the health risks associated with repetitive blows producing sub-concussive and concussive results and the fact that some members of the NFL player population were at significant risk of developing long-term brain damage and cognitive decline as a result," the complaint charges.
"Despite its knowledge and controlling role in governing player conduct on and off the field, the NFL turned a blind eye to the risk and failed to warn and/or impose safety regulations governing this well-recognized health and safety problem."
In response, the NFL cited the many health programs it runs for current and former players, and a series of medical benefits to former NFL players to help them after football. Those include joint replacement, neurological evaluations and spine treatment programs, assisted living partnerships, long-term care insurance, prescription benefits, life insurance programs, and a Medicare supplement program.
"The NFL has long made player safety a priority and continues to do so," the league said in a statement. "Any allegation that the NFL sought to mislead players has no merit. It stands in contrast to the league's many actions to better protect players and advance the science and medical understanding of the management and treatment of concussions."
The league insists that in partnership with the NFL Players Association it has spent well over a billion dollars on pensions, medical and disability benefits for retired players.
Turner, however, is not convinced those programs are doing enough.
"For the longest time, about the first 10 years after I retired in January 2000, I thought I had just turned into a loser overnight," he said. "I couldn't figure out what was wrong. It was a very scary proposition -- until I found out there were a lot more guys just like me. I find they had been through some of the same struggles. I realized this is no longer a coincidence."
Attorneys for the players claim they are not trying to smear the NFL, only to ensure that it lives up to its obligations to provide a safer sport. And that it offers proper care for retired players.
"I wish I could sit down with (NFL commissioner Roger Goodell) and share with him the pain. It's not just the spouses, it's the kids, too," Mary Ann Easterling, 59, told The Associated Press from her home in Richmond, Va. "Kids don't understand why dad is angry all the time.
"I think the thing that was so discouraging was just the denial by the NFL."
Mary Ann Easterling is a plaintiff. She was married to former Atlanta Falcons player Ray Easterling for 36 years.  They have one daughter.  Ray Easterling committed suicide on April 19, 2012.  He suffered from dementia for years.
According to a review of 81 lawsuits filed through May 25, the plaintiffs include 2,138 former players. The total number of plaintiffs in those cases is 3,356, which includes players, spouses and other relatives or representatives.
"I just want the NFL to stand up and be accountable for its actions," Turner said. "That is how we can prevent more people from suffering and keeping this game that has plenty of benefits. But we can make it safer and I am hoping that's what we do."
Some argue that these injuries are simply a part of the sport and that players know the risks involved from day one.  While there may be some truth to this, there is no reason why we can't strive to make the sport safer for all involved.

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