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The NFL is defensive over law suits by former players

Over the past few months a growing number of former National Football League (NFL) players have filed law suits against the NFL in Atlanta, Los Angeles, Philadelphia, and Miami.

Former Miami Dolphin players Patrick Surtain, Oronde Gadsden, Jed Weaver, and Troy Drayton, along with former University of Miami players, Leon Searcy and Lamar Thomas are plaintiffs in the law suit filed in Miami. The various suits are based in negligence, asserting the NFL deliberately ignored and concealed evidence linking concussions and long-term neurological problems, and did little to mitigate the risk until 2009-2010.
 
Dr. Bennet Omalu, a forensic pathologist, dissected the brain tissue of deceased former NFL players Mike Webster and Andre Waters. He published an article in the academic journal ‘Neurosurgery’ where he concluded repeated football related head trauma caused players to suffer chronic encephalopathy.
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For too long the business of the NFL trumped the health of its players. The NFL has a long history of denying and ignoring medical evidence linking concussions and cognitive decline. A committee headed by New York Jets team doctor, Elliot Pellman, dismissed the findings of Dr. Omalu. The committee ultimately sent an independent expert, neuropathologist , Dr. Peter Davies, to examine the findings. After examination, Dr. Davies stated, “The credit must go to Bennet Omalu. Because he first reported this and nobody believed him, nobody in the field, and I’m included in that. I did not think there was anything there. But when I looked at the stuff, he was absolutely right. I was wrong to be skeptical.” 
 
Dave Duerson, a former player with Chicago Bears committed suicide in February, 2011 at the age of 50. The handwritten note found near his body read, “Please see that my brain is given to the NFL’s brain bank.” The brain bank is the Center for the Study of Traumatic Encephalopathy at Boston University School of Medicine to aid in accelerating research into concussions and its long-term effects.
 
Otis Anderson, former University of Miami and New York Giants running back estimates that he had his bell rung over 100 times during his 14-year playing career. He has said,” what happens is you lose time, you lose place. It’s like a time warp or something. You wake up not knowing if it’s the same day or the next day. You don’t know who the last person was you talked to or when you last talked to someone.”
 
Congress has looked into the matter, and in a 2009 hearing, Rep. Linda Sanchez stated, “It seems to me that the NFL has literally been dragging its feet on this issue until the past few years. Why did it take 15 years?”
 
Former player, hall of fame coach, and former television commentator, John Madden, oversees the NFL’s player safety advisory panel. He has indicated he is not proud of the lack of education for medical conditions and injuries sustained while playing.” For a long time teams and coaches did not think a hard hit could result in a concussion. If a player got his bell rung, they would just give him a couple of smelling salts and he will be back in.” 
 
NFL spokesman, Brian McCarthy said, "The NFL has made and continues to make player safety a priority. Any allegation that the NFL intentionally sought to misslead players has no merit and stands in contrast to the leagues actions to better protect players."
 
To its credit the NFL has recently taken steps towards improving player safety with in-game penalties for helmet -to-helmet hits, fines against players for certain types of hits, and medical doctors making the decision whether a player is well enough to return to play after suffering a concussion. They have also provided $1 million to the Center for the Study of Traumatic Encephalopathy. These steps are good, but they appear to be too little too late for far too many players.  
 
 
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, Fort Lauderdale Business Law Examiner

Armand is an arbitrator, Mediator, Business Consultant, former NFL Contract Advisor, and a sports fan. With considerable expertise in dispute resolution, Armand provides an interesting perspective on business law and sports law issues.

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