Former Players File Lawsuit Against NFL......

**soulman** · 07-20-2011, 11:10 AM

Shutdown Corner

Wed Jul 20 08:16am EDT
Former players file explosive concussion lawsuit against NFL

By Chris Chase

On the day that the NFL may get itself out of one court room, the league learned it may be forced to enter another.

Seventy-five former NFL players filed a lawsuit in Los Angeles Superior Court this week, alleging that the league has covered up the harmful effects of concussions since the 1920s. Former Miami Dolphins wide receiver Mark Duper and former New York Giants running backs Otis Anderson and Rodney Hampton were among the litigants in the potentially explosive suit.

TMZ was the first to obtain a copy of the lawsuit. They write:
The suit claims the NFL commissioned a study in 1994, titled "NFL Committee on MIld Traumatic Brain Injury" and published a report in 2004, concluding there was "no evidence of worsening injury or chronic cumulative effects" from multiple concussions.

And, the suit alleges, it was not until June, 2010, that the NFL acknowledged concussions can lead to dementia, memory loss, CTE and related symptoms. All of the players are claim they suffered injuries as a result of multiple concussions.

It's too early to tell whether this will be a blip in the NFL's legal history or signal the start of a monumental shift in the game. If the lawsuit gains any traction, it could very well be the latter.

The Big Tobacco lawsuits are one obvious parallel. To be successful, former players would need to show that the league knew about the dangers of concussions and subsequently covered it up. Getting there would likely take millions of dollars in legal fees and years of trials and appeals. But even if the ultimate judgment isn't gained, any hint of success could signal a blood in the water moment for former players and, as Yahoo! Sports' Jeff Passan wrote, open up a Pandora's Box for the game of football.

The recent rash of concussions, the 2009 house judiciary hearings and deaths by former NFL players were the first dominos to fall in the concussion debate. The next to go may be in a Los Angeles courtroom

**soulman** · 07-20-2011, 11:17 AM

I post this because it's directly related to the threads below. There's blood in the water and the sharks are circling. If the NFL is found guilty of knowing this and covering it up the labor issues they just went through won't be the worst thing that ever happened to them. This one could get messy if the suit is permitted to go forward. You have to wonder just how much the info that came from Dave Deurson's situation played into this.

And a sidelight; isn't that Jim Miller in that photo? I thought maybe Erik Kramer but the face doesn't match and I can't read the number.

**The Benjamin** · 07-20-2011, 06:29 PM

Not so much covering up concussion effects since the 1920s as not knowing much of anything about them until the 90s or even later.

**loki520** · 07-20-2011, 06:47 PM

If they win... the NFL is done.

**soulman** · 07-20-2011, 06:49 PM

I can believe that they didn't realize all of the effects that stem from a concussion but there has been enough knowledge of them for decades to know that they can cause permanent brain damage. The fact that the NFL didn't acknowledge it doesn't mean they weren't aware of it. What this all boils down to Benji is whether or not the plantiffs can prove that the NFL knew and covered up that knowledge which then opens them up for some lofty punitive damages.

What this is really about is some lawyers trying to get a huge class action suit together representing who knows how many former NFL players. If you've ever read John Grisham's book "King of Torts" you know what's at stake here.

**The Benjamin** · 07-20-2011, 07:19 PM

All they have to do is bring any medical expert to the stand. That medical expert will say that not even they knew much about concussions until the later part of last decade. Shit, they are still learning about the full effects of concussions today

**soulman** · 07-21-2011, 02:51 PM

Originally Posted by The Benjamin

All they have to do is bring any medical expert to the stand. That medical expert will say that not even they knew much about concussions until the later part of last decade. Shit, they are still learning about the full effects of concussions today

Are you kidding me Benji? You pay medical experts to come in an provide evidence and testimony that backs your case. So the NFL brings in their guys who say exactly what you're saying and the players bring in their guys who testify exactly the opposite. If you can't find one to back your position (which is very, very rare) you don't bring one in. That's the way that game is played and the jury has to decide which expert told the better story not necessarily what is true because they really don't know what the truth is.

The whole idea of this mass tort game is to assemble enough evidence to shake the accused up enough to pay you money to go away so that what you're contending is not exposed. Going to court means you take the risk of not only being found liable for damages incurred but also punitive damages if you're found guilty of negligence. If the case against you has any merit at all most won't want to take that risk and would rather settle. The attorneys make a killing on this kind of case and that's what this one is all about.

**The Benjamin** · 07-21-2011, 03:47 PM

Look up some studies on concussion research. You will find that it wasn't until the 90s when doctors had even a decent idea about concussions.

**soulman** · 07-21-2011, 04:24 PM

Originally Posted by The Benjamin

Look up some studies on concussion research. You will find that it wasn't until the 90s when doctors had even a decent idea about concussions.

Benji it's not that I'm questioning your info it's how you value that info that I commented on. Even if there was not conclusive evidence on the long term affect of concussions until the 90's that was 10 to 20 years ago and the NFL did not admit to their knowledge or concerns about it until just recently. The lawsuit will contend that they knew about the problems but ignored them.

All that's really important here is whether or not the NFL feels these guys can mount a case that could cost them significant amounts of money to settle in order to avoid the potential bad PR that can come from it. There must be some shred of evidence that the players have to threaten with or this would never get to court.

**The Benjamin** · 07-21-2011, 05:14 PM

Originally Posted by soulman

Benji it's not that I'm questioning your info it's how you value that info that I commented on. Even if there was not conclusive evidence on the long term affect of concussions until the 90's that was 10 to 20 years ago and the NFL did not admit to their knowledge or concerns about it until just recently. The lawsuit will contend that they knew about the problems but ignored them.

All that's really important here is whether or not the NFL feels these guys can mount a case that could cost them significant amounts of money to settle in order to avoid the potential bad PR that can come from it. There must be some shred of evidence that the players have to threaten with or this would never get to court.

But at the same time, the players had to have some idea that things were not as good as they seemed as well. Not saying I am siding with the owners, but im not siding with the players either. Especially because they are including way back to the 20s. If they limited it to the 90s things would be more realistic that they have a basis for an argument.

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