{ Concussions in the NFL Legal Aspects of Sport By: Braxton Tucker

o NFL Concussion Settlement o What is CTE? o NFL vs. Omalu o Mike Webster, Terry Long and Junior Seau o Actions Taken by NFL o Riddell Helmets o Players OVERVIEW

o Retired players claim that the NFL was negligent and mislead players about the dangers of concussions o August 29 th 2013 o Concussion Litigation o 4500 players o Including 36 Hall of Famers o 765million dollars-Settlement waiting approval by federal judge o $75M cap to cover baseline exams o $675 million to compensate former player or families who have suffered cognitive injury o $10M for research and education fund o $6M for litigation court expenses fees o $5M cap for men with ALS (Lou Gehrig’s Disease), Parkinson’s Disease & Alzheimer’s Disease $4 M cap for those diagnosed w/ CTE after death, to family o $3 M cap for those diagnosed with dementia NFL Concussion Settlement

o Who is Eligible? o All retired player, even players who never filed a lawsuit o 45 years old and younger o Player who have committed suicide o Practice squad players o Players not elgible players died prior to 2006 (Mike Webster) o Does not address current players in future years o Who Funds? o 2 claim administrators o NFL no control in settlement process o Tax Exempt Payouts o If player choose to opt out. NFL could drag out for years, this brings uncertainy, risk, cost, cost of time, may be decades before, end up with more or less o Retired by the time settlement is finalized and meet qualifications have access to pool of money (players who might have been plaintiffs not jus t plaintiffs) o Retired players cliam that the NFL was negligent and mislead players about the dangers of concussions NFL Concussion Settlement (Continued)

o What is it? It is a progressive degenerative disease of the brain found in athletes and others with a history of repetitive brain trauma. (Sportslegacy.com) o multiple concussions trigger progressive degeneration of the brain tissue, including the build-up of an abnormal protein called tau. o Essentially CTE is a building up of tau, an abnormal protein that strangles brain cells in areas that control memory, emotion, and other functions o Formally known as “punch drunk” thought to be found only in boxers who have taken repetitive hits to the head. Chronic Traumatic Encephalopathy (CTE)

o In 2002, Dr. Bennet Omalu was assigned to do an autopsy on Mike Webster o Obvious football had taken a toll on his body o Examining the brain he discovered CTE which was a first in football players o First hard evidence that playing football could cause permanent brain damage o Omalu stated, “I had to make sure the slides were Mike Webster’s slides, I looked again. I saw changes that shouldn’t be in a 50-year-old man’s brains, and also changes that shouldn’t be in a brain that looked normal.” NFL vs. Omalu

o Dr. Omalu published his finding in Neurosurgery thinking the NFL would want to know more on the issue. o League officials and doctors urged him to retract findings and this led to him being attacked saying he used “fallacious reasoning” o Not wanting to believe there was a link with concussion from football to permanent brain damage officials were doing every thing they could to silence Omalu o NFL doctor, “If 10 percent of mothers in this country would begin to perceive football as a dangerous sport, that is the end of football” NFL vs. Omalu (continued)

o Elliot Pellman Jets Medical staff and Head of MTBI o believed it was not a big problem “significant percentage of players returned to play in the same game” “ it can be concluded that mild TBI’s are not serious” o Red Brick Broadway” to return to game o 16 scientific papers these papers were written and when problems arise they would deny actually writing parts of section o League of Denial- (Book Published Oct. 8 th,2013) o TBI and CTE in the NFL o 20 years of deny the evidence of long term affect of concussions o NFL had cherry picked data to make the idea that this wasn’t a big problem Test on 400 players o Mentality is different was to stay in the game shake it off, now I wish I would have step out of bounds a few more times o Tobacco linked to denial NFL- Mild Traumatic Brain Injuries Committees

o University of Wisconsin o 5 th Round/ 125 th pick in 1974 o Steelers 15, Chiefs 1 o After retirement suffered amnesia, dementia, and depression o In 2002, he died at the age of 50 o 1 st Former NFL player diagnose with CTE in 2002 after examinations by Dr. Omalu MIKE WEBSTER

o East Carolina University o 4 th Round/ 111 th pick in 1984 o Steelers 8 o In 2005, At the age of 45 committed suicide from drinking antifreeze o Diagnosed with CTE in 2005 after examining brain tissue TERRY LONG

o USC o 1st Round/ 5 th pick in 1990 o San Diego 12, Miami 3, New England 4 o After 19 years he retired in 2009 o In 2012, at the age of 43 committed suicide from a gunshot wound to the chest o Estimated 1500 concussions in his career o Found CTE after examination by the National Institute of Health JUNIOR SEAU

o Special Team Injuries o Kickoff moved up 5 yards to 35 yard line o reduced injuries by 40% o Helmet to Helmet o Banned helmet to helmet hits o Resulting in suspension, fines & penalties Taken Action

o After the 2013 season Riddell will no longer be the official helmet of the NFL o 68% of players wore Riddell last season o More than 2000 former players have sued Riddell claiming that helmets are overemphasized on how much the helmet will prevent brain injury o National Operating Committee on Standards for Athletic Equipment (NOCSAE) No More Riddell

o Steve Young- knocked out of final game Sept 27 th 1999 due to concussion o Troy Aikman – endured 10 concussion in his 12 year career his last concussion ended his 2000 season short o Tony Dorsett(Age 59)- Rushed for more than 12,000 yards, recently diagnosed with CTE o Mentality is different was to stay in the game shake it off, now “I wish I would have step out of bounds a few more times” Other notable players

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