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Multiple lawsuits over concussions


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http://www.denverpost.com/broncos/ci_19155864

 

After congressional hearings, increased media attention and revised rules, the NFL's concussion saga has entered its next phase: litigation.

More than 125 former pro football players are suing the league—and, in most cases, helmet-maker Riddell—via at least five complaints brought in state or federal courts over the past few months and as recently as last week. They say the NFL should have done more to warn about the dangers of head injuries and should do more to help retired players.

Some of the suits allege that the NFL concealed dangers it knew about - - will be interesting to see if there is any evidence to support that contention.

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Skimmed through the article and didn't see the name Elliot Pellman.

 

He was the NFL's Neurologist/Concussion Czar for many years and from the articles I've read, basically enabled the league its players to continue to play with and shortly after concussions. He has a flimsy medical degree and it's somewhat of a mystery as to how he ascended to being the NFL's concussion enabler.

 

This lawsuit was inevitable and Goodell, a lawyer, saw this coming and has taken numerous steps to improve the NFL's culture regarding head/brain trauma.

 

The NFL has done a better job in shedding liability but they're not there yet.

 

They still need to have official and independent neurologists present at each game so that a player is not sent back into the game with a concussion by the teams' medical staffs such as what happened with Javhid Best and Michael Vick just this past Sunday.

 

But yeah, the NFL is becoming a league of sissies (sarcasm off).

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This is probably the most problematic issue in sports today. If I had a had a son who was interested and able to play football I would think long and hard about this issue. I know the same issue exists in other sports but football just lends itself to problems with hits to the head. Perhaps other than boxing I am not sure of a sport more likely to result in multiple blows to the head during play.

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Skimmed through the article and didn't see the name Elliot Pellman.

 

He was the NFL's Neurologist/Concussion Czar for many years and from the articles I've read, basically enabled the league its players to continue to play with and shortly after concussions. He has a flimsy medical degree and it's somewhat of a mystery as to how he ascended to being the NFL's concussion enabler. . . .

Thanks for the info. Pulled up a couple old but interesting articles on Pellman:

 

http://sports.espn.go.com/espnmag/story?id=3644940

 

Only in recent years have scientists started to understand exactly what happens inside a brain when a head gets smashed and to explore why some players get hurt worse or cope better than others. The NFL is among those looking for answers, with good reason: According to league data, about 100 players a year suffer concussions from hits that average 98 times the force of gravity.

 

Pro football's powers-that-be began to study the subject formally in 1994. Following a rash of head injuries to stars such as Troy Aikman and Steve Young, then-commissioner Paul Tagliabue established the Mild Traumatic Brain Injury (MTBI) Committee. He named Elliot Pellman, M.D., its chairman.

 

Since it first published research results in 2003, Pellman's committee has drawn a number of important conclusions about head trauma and how to treat it that contradict the research and experiences of many other doctors who treat sports concussions, not to mention the players who have suffered them. For example, Pellman and his colleagues wrote in January 2005 that returning to play after a concussion "does not involve significant risk of a second injury either in the same game or during the season." But a 2003 NCAA study of 2,905 college football players found just the opposite: Those who have suffered concussions are more susceptible to further head trauma for seven to 10 days after the injury.

 

Pellman and his group have also stated repeatedly that their work shows "no evidence of worsening injury or chronic cumulative effects of multiple MTBIs in NFL players." But a 2003 report by the Center for the Study of Retired Athletes at the University of North Carolina found a link between multiple concussions and depression among former pro players with histories of concussions. A 2005 follow-up study at the Center showed a connection between concussions and both brain impairment and Alzheimer's disease among retired NFL players.

 

http://www.braininjurylawblog.com/brain-injury-news-nfl-sacks-elliot-pellman.html

 

Not long ago, it was revealed that Dr. Elliot Pellman, long-time chairman of the NFL's research committee on concussions had misrepresented his credentials and qualifications according to the Baltimore Sun, ESPN and the New York Times. Yesterday, Dr. Pellman, a rheumatologist, resigned as chairman of the committee although surprisingly, he will remain a member of the committee.

 

For those who may not have seen it, there was also a pretty informative segment on "60 Minutes" about this topic:

 

http://www.cbsnews.com/stories/2009/10/09/60minutes/main5371686.shtml

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I'm not against the players filing the lawsuits, but I feel that it will be a difficult case to win. There has been plenty of publicity over the years to indicate that concussions are commonplace in contact sports. That is why the professional hockey players started wearing helmets - long after the NFL was requiring it - and why amateur boxers and wrestlers wear them. So it's hard to say that players did not know in advance that there was a risk of debilitating head injuries when they joined these pro sports. There are so many documented examples of former players who were never the same after a number of concussions, it is not very credible to say that players did not know they were risking such injuries.

 

I certainly agree that more can and should be done to protect players. Helmets with additional external cushioning have been around for several years. I don't know why they have been used sparingly.

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I'm not against the players filing the lawsuits, but I feel that it will be a difficult case to win. There has been plenty of publicity over the years to indicate that concussions are commonplace in contact sports. That is why the professional hockey players started wearing helmets - long after the NFL was requiring it - and why amateur boxers and wrestlers wear them. So it's hard to say that players did not know in advance that there was a risk of debilitating head injuries when they joined these pro sports. There are so many documented examples of former players who were never the same after a number of concussions, it is not very credible to say that players did not know they were risking such injuries.

I generally agree with your post, and the bolded is certainly true.

 

But for the sake of discussion, let's develop this a bit more because it's not a black and white issue.

 

What about the argument that because of the "win at all costs" mentality of pro football, that players are/were routinely pressured into playing through injuries? I'm speaking not only of concussions but also the accepted truth that many players have for instance, become dependent upon painkillers, have their knees drained before games and generally are encouraged to ignore/play through injuries so they don't let their team down? At what point does a team intervene and "shut down" a player?

 

And also, what of the point that it's quite possible that a person suffering a concussion is not in a good state of mind for deciding whether he should re-enter a game? How many stories have we heard about players who had memory loss and couldn't remember events in the game that they just played in? When a player has their bell rung, he should probably be the last person to make a decision of that nature.

 

Put differently, shouldn't it be up to teams to tell players if they are not fit to continue?

 

Finally, what caused (or didn't prevent) Michael Vick and Javhid Best to re-enter games this past weekend AFTER they had already suffered concussions?

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I generally agree with your post, and the bolded is certainly true.

 

But for the sake of discussion, let's develop this a bit more because it's not a black and white issue.

 

What about the argument that because of the "win at all costs" mentality of pro football, that players are/were routinely pressured into playing through injuries? I'm speaking not only of concussions but also the accepted truth that many players have for instance, become dependent upon painkillers, have their knees drained before games and generally are encouraged to ignore/play through injuries so they don't let their team down? At what point does a team intervene and "shut down" a player?

 

And also, what of the point that it's quite possible that a person suffering a concussion is not in a good state of mind for deciding whether he should re-enter a game? How many stories have we heard about players who had memory loss and couldn't remember events in the game that they just played in? When a player has their bell rung, he should probably be the last person to make a decision of that nature.

 

Put differently, shouldn't it be up to teams to tell players if they are not fit to continue?

 

Finally, what caused (or didn't prevent) Michael Vick and Javhid Best to re-enter games this past weekend AFTER they had already suffered concussions?

All sports have a win at all costs mentality--not just professional football, nor any professional sport. All participants know this form an early age--and know of the risks of their chosen profession.

 

What is the evidence that the teams are relying on the players to decide whether they are safe to return to the game?

 

I would have made the Kelso helmet mandatory

 

Any competent defense attorney would ask each and every plaintiff why he chose not to wear such a helmet, givne the well known risk of concussion in his chosen line of work.

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