BRAIN INJURIES FROM FOOTBALL SPAWN NEW LITIGATION

February 17, 2012
By Christopher Mitchell on February 17, 2012 10:30 AM |

Several former professional football players have filed lawsuits against the National Football League, alleging that the NFL conspired to hide evidence which linked on-field concussions to permanent brain injuries. The players allege that the league published nonscientific papers written by biased members of its medical committee to assert that concussion injuries did not cause permanent brain injury and to denounce valid research suggesting otherwise.

The former players are seeking millions in compensation for damages ranging from occasional memory problems to degenerative brain disease. The most recent case (filed in Philadelphia) alleges that "[r]ather than warn players that they risked permanent brain injury if they returned to play too soon after sustaining a concussion, the NFL actively deceived players, by misrepresenting to them that concussions did not present serious, life-altering risks...."

At least eight related lawsuits have been filed in New York, New Jersey, Georgia, Pennsylvania, and Florida. The NFL has asked the courts in those jurisdictions to consolidate the cases into one action in the Philadelphia court where the first such case was filed last year.

One of the more seriously injured players is former Minnesota Vikings offensive lineman Brent Boyd, who, according to his attorneys, is the only living player diagnosed with chronic traumatic encephalopathy, a degenerative brain disease typically found during autopsies of people (including more than a dozen former pro football and hockey players) who have had multiple head injuries.

The plaintiffs in the latest case are former Philadelphia Eagles Ron Solt, Joe Panos and Rich Miano. Solt claims to have substantial memory loss and ringing in his ears after suffering at least one concussion in his 10 NFL seasons. Panos alleges that he sustained multiple concussions with the Eagles and Buffalo Bills, and suffers from headaches, memory loss, irritability, rage, mood swings and sleeplessness.

The NFL disputes that it was ever vague about the risks associated with playing football, and is defending the claims as barred under the players' collective bargaining agreements. This high-stakes litigation has all the makings of a protracted legal battle that will occupy the headlines for quite some time.

Stein, Mitchell & Muse, LLP has successfully handled several cases of concussion and other traumatic injuries resulting from the wrongdoing of others. If you have questions about a possible claim, we invite you to contact our office for a free consultation.