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Let the lawsuits begin...


The AntiFin

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I was wondering when former players would start suing for concussions. The answer is "today."

 

Before 2012 is over, I wonder how many former players will have filed suit.

Well, that didn't take long. Wonder if this will eventually become (or will be eligible for) a class-action suit. I wouldn't be surprised if hundreds file suit within a month.

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Well, that didn't take long. Wonder if this will eventually become (or will be eligible for) a class-action suit. I wouldn't be surprised if hundreds file suit within a month.

This is a tough one to get behind for many reasons. No disrespect to former players by any means. No one that I'm aware of ever put a gun to a NFL players head, and said play or else.

Also, many of us have family, friends, whoever, that worked in Buffalo's (or anywhere) steel industry, auto, chemical plants,etc. that were exposed to all sorts

of terrible stuff that resulted in well death. I have family that died because of that situation. Decades after the class action suits and the death

of my own father their is still nothing. Such is life. BTW some of those players probably forget to mention that they were taking hits in high school, that could have been the start of issues. Just sayin.

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This is a tough one to get behind for many reasons. No disrespect to former players by any means. No one that I'm aware of ever put a gun to a NFL players head, and said play or else.

Also, many of us have family, friends, whoever, that worked in Buffalo's (or anywhere) steel industry, auto, chemical plants,etc. that were exposed to all sorts

of terrible stuff that resulted in well death. I have family that died because of that situation. Decades after the class action suits and the death

of my own father their is still nothing. Such is life. BTW some of those players probably forget to mention that they were taking hits in high school, that could have been the start of issues. Just sayin.

I completely agree. I think it will boil down to how much of a black eye the NFL is willing to take in the eyes of the public. (Public likely will be sympathetic toward the players).

 

I smell "settlement," and I'd guess the players do, too.

Edited by The AntiFin
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I don't see much public sympathy for the players. We aren't talking about people unkowingly poisioned by tainted wellwater. This is about men who directed all of their energies form their youth to early adulthood so that they could willingly and enthusiastically expose themselves to serious bodily harm in their chosen profession. It's like trying to generate sympathy for smokers who contract disease as a result of their habit.

 

The NFL side will no doubt point out the outspoken players who argue against basic safety improvement measures and the fact that there are safer helmets out there which the players and their union have simply refused to adapt as mandatory.

 

How can any player of any age convincingly tell a jury that he didn't understand that there were inherent risks to taking thousands of head shots by playing football. For the public, this risk is intuitive and seems to be accepted by all players when they sign a contract to play in the NFL (or college, for that matter). Also, as another poster has mentioned, it will be impossible to prove that many (if not most) cases of injury came solely as a result of their time in the NFL. Unfortunately for the players, all the "experts" are promoting the "thousand tiny blows" theory of long term injury which does not need to have a single concussive inceident. All of these guys played for many years before the NFL and liability cannot fall on the NFL alone. Also, many cases will be difficult to prove as disability at all.

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I don't see much public sympathy for the players. We aren't talking about people unkowingly poisioned by tainted wellwater. This is about men who directed all of their energies form their youth to early adulthood so that they could willingly and enthusiastically expose themselves to serious bodily harm in their chosen profession. It's like trying to generate sympathy for smokers who contract disease as a result of their habit.

Perhaps not the best analogy.

 

 

The NFL side will no doubt point out the outspoken players who argue against basic safety improvement measures and the fact that there are safer helmets out there which the players and their union have simply refused to adapt as mandatory.

 

How can any player of any age convincingly tell a jury that he didn't understand that there were inherent risks to taking thousands of head shots by playing football. For the public, this risk is intuitive and seems to be accepted by all players when they sign a contract to play in the NFL (or college, for that matter). Also, as another poster has mentioned, it will be impossible to prove that many (if not most) cases of injury came solely as a result of their time in the NFL. Unfortunately for the players, all the "experts" are promoting the "thousand tiny blows" theory of long term injury which does not need to have a single concussive inceident. All of these guys played for many years before the NFL and liability cannot fall on the NFL alone. Also, many cases will be difficult to prove as disability at all.

I don't disagree with your argument. I'm not on either side. But I don't think it'll ever go to trial. I think the NFL will settle.

 

There is a world of difference between sympathies for players during a "lock out" and sympathies for former players who no doubt will go on every news show imaginable to state their case. If their acting skills are any good, they'll get the public's sympathy. They're going to spin it to say that the NFL knew about the potential dangers but didn't disclose them. I can just see teary-eyed former pros crying their eyes out while they shake on 60 Minutes. That WOULD tilt public opinion, because the NFL will not launch such a PR campaign.

 

Again, I'm not siding with anyone. I'm just predicting that the NFL will want this to go away as quickly as possible, especially with the *hundreds* of former players who are likely to file suit as well.

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I don't see much public sympathy for the players. We aren't talking about people unkowingly poisioned by tainted wellwater. This is about men who directed all of their energies form their youth to early adulthood so that they could willingly and enthusiastically expose themselves to serious bodily harm in their chosen profession. It's like trying to generate sympathy for smokers who contract disease as a result of their habit.

 

The NFL side will no doubt point out the outspoken players who argue against basic safety improvement measures and the fact that there are safer helmets out there which the players and their union have simply refused to adapt as mandatory.

 

How can any player of any age convincingly tell a jury that he didn't understand that there were inherent risks to taking thousands of head shots by playing football. For the public, this risk is intuitive and seems to be accepted by all players when they sign a contract to play in the NFL (or college, for that matter). Also, as another poster has mentioned, it will be impossible to prove that many (if not most) cases of injury came solely as a result of their time in the NFL. Unfortunately for the players, all the "experts" are promoting the "thousand tiny blows" theory of long term injury which does not need to have a single concussive inceident. All of these guys played for many years before the NFL and liability cannot fall on the NFL alone. Also, many cases will be difficult to prove as disability at all.

The only way they have a case is if they have evidence that there was a cover-up. Now of course everyone and their mother knows that even if players always knew about the risks, they'd still have played thinking "it won't happen to me." But the law cares more about theoretical than the reality.

 

It will be interesting to see what happens going forward. Now that he know that concussions are bad, do we see more kids in youth leagues drop-out of football or other high-risk sports after sustaining a concussion or two?

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The only way they have a case is if they have evidence that there was a cover-up. Now of course everyone and their mother knows that even if players always knew about the risks, they'd still have played thinking "it won't happen to me." But the law cares more about theoretical than the reality.

 

It will be interesting to see what happens going forward. Now that he know that concussions are bad, do we see more kids in youth leagues drop-out of football or other high-risk sports after sustaining a concussion or two?

From the ESPN article:

 

According to the lawsuit, following numerous studies on the risks of concussions, the NFL created a committee of researchers and doctors in 1994 to study concussions. The committee was supposed to be independent, but members were affiliated with the NFL, the lawsuit said, and the group did not include a doctor specializing in neurology or other brain research. When the committee published its findings in 2003, it stated "there was no long-term negative health consequence associated with concussions," according to the complaint.

 

And now the NFL is treating concussions super seriously despite its preliminary findings.

 

As you wrote, it'll be interesting, indeed. ;)

 

Why are they not suing fellow players causing despite penalties trying to stop vicious hits?

Give it time. ;)

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From the ESPN article:

 

According to the lawsuit, following numerous studies on the risks of concussions, the NFL created a committee of researchers and doctors in 1994 to study concussions. The committee was supposed to be independent, but members were affiliated with the NFL, the lawsuit said, and the group did not include a doctor specializing in neurology or other brain research. When the committee published its findings in 2003, it stated "there was no long-term negative health consequence associated with concussions," according to the complaint.

 

And now the NFL is treating concussions super seriously despite its preliminary findings.

 

As you wrote, it'll be interesting, indeed. ;)

What I meant is they'll need some kind of internal notes saying "we know they're bad/lead to long-term problems, but we need them to keep playing," or something of the sort. I doubt the above is enough to make anything happen.

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http://en.wikipedia.org/wiki/Dementia_pugilistica

 

Not a 'new' issue. There is a broad spectrum of neurlogic effects that 'can' result from repetitive trauma. Not necessarily....but can. The variables are countless but repeated blows to the head and, certainly, concussions are not 'healthy.'

 

As for the merit of the suit, I'm not so sure. The one question I would have for the players is, "Given the risks associated with repeated head trauma and concussions, are you willing to accept those and sign your huge contract?" My suspicion is that most of them would. Knowing what I know about the issue and, assuming I had the ability to play football ( :unsure: ), you can bet your backside I'd sign the contract. If I had more than one concussion, however, I'd strongly think about walking away. A current situation is the Sid Crosby issue. He should, in my opinion, walk away.

 

I suspect a lot of this will be a cash grab for the players that retired with the older 'bad' pensions....and those that are trying to 'keep' rich. some may have felt duped in an honest manner but only 'they' can answer that question. The NFL may have withheld information and, if so, they're stupid for it. They should have just brought out the waiver and had players sign it. Again, I think most would have.

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