Now that the NFL Concussion Settlement is close to being finalized, there is another concussion lawsuit that is working its way through the court system that targets the NFL Players Association.
Every player that filed a lawsuit against the NFL needs to get on board with this lawsuit. You can see how to do that at the end of this article.
In the lawsuit filed by four (4) top notch law firms based in Kansas City, Missouri, on behalf of a group of former NFL players, it states:
“As a direct result of the fraudulent concealment and misrepresentations by the NFLPA (Defendants), former players, including Plaintiffs, have for many decades been led to believe that the symptoms of early-onset dementia, ALS, CTE, loss of memory, headaches, confusion, and the inability to function were not caused by events that had occurred while they played in the NFL. And, as a result of this willful and malicious conduct, these former players, including Plaintiffs, were deprived of the ability to make an informed decision regarding continuing to play football or seek competent independent medical treatment and advice. In addition, these former players, including Plaintiffs, delayed seeking medical treatment, incurred expenses, lost employment, suffered humiliation, and sustained other damages to be specified.”
The justification for filing this lawsuit comes right from the mouths of the people that have run the NFLPA for the past 20 years.
At a hearing before the House Judiciary Committee in 2009, DeMaurice Smith testified that “There is simply no justification for the NFL to have previously ignored or discredited Dr. Omalu and others with relevant, valid research. For far too long, our former players were left adrift, as I emphasized at the last hearing, we were complicit in the lack of leadership and accountability but that ends now.”
You can’t say it any better than that!
Here are some of the other reasons we are suing the NFLPA – again, using their own words to condemn their actions:
• In 2007, Gene Upshaw, then-Executive Director of the NFLPA, stated “I think we’re just a reflection of society.” He further stated “I don’t want to take that next leap to say, you know, football caused dementia. I just don’t believe that.”
• With respect to the idea that a football player who sustains a concussion should not return to the same game in which the injury occurred and should be held out for at least one more game, Upshaw stated “The last thing that we want to do and the N.F.L. wants to do, and it’s the last thing I want to do as a union, is to mandate something that’s not medically proven. That’s why we have doctors.”
• After Andre Waters, a former safety for the Philadelphia Eagles, committed suicide, a neuropathologist said Waters’ depression might have been related to the concussions he sustained as a professional football player. In January 2007, Gene Upshaw, then-Executive Director of the NFLPA, sounded annoyed by Chris Nowinski’s assessment, according to one reporter, stating “I think everyone is getting a little riled up because this guy’s out there trying to sell this damn book,” an apparent reference to Nowinski’s book - Head Games: Football’s Concussion Crisis.
• In October 1999, Gene Upshaw, then-Executive Director of the NFLPA, stated “I don’t think you can legislate this. We in the NFL are very aware of this problem. Look at the position – normally, (the injured player) is the highest-paid player. We think we take every precaution.”
• Dr. Thomas Mayer, the NFLPA’s medical adviser, stated in January 2007 that “They’re protected as well as they can be. But this is a warrior mentality, this is a warrior sport.”
• In June 2007, NFLPA President Troy Vincent stated “I’m not sure if we – athletes – know what a concussion is.” In keeping with the theme of a warrior mentality where warriors should not question whether a concussion impacts their future health, Vincent stated “Who wants to come out of the game? No player wants to sit on the sidelines.”
• In December 2010, Dr. Mayer stated that the medical arm of the NFLPA had “a very close relationship when it comes to making sure we are protecting the players to the maximum degree possible with the NFL’s medical arm.”
• In November 2010, after the NFL fined players for what it determined were illegal hits to the head, Kevin Mawae, President of the NFLPA stated he would not support the NFL on the fines; “For the commissioner and for the NFL to say they are going to increase fines because hits seem to be vicious or violent -I think it’s ridiculous and I think the skirt needs to be taken off in the NFL offices.”
• In December 2008, in keeping with its alleged scheme of fraud and deceit, the NFLPA issued a letter on its letterhead to retirees stating that it was “supporting and endorsing” an NFL study of retired players and “trying to determine if there are possible long-term effects on the brain from playing in the N.F.L.”
• The implication of the NFLPA’s December 2008 letter - that the question of long-term effects of concussive and sub-concussive hits on cognitive decline remained open despite decades of science to the contrary - mirrored the NFL’s pronouncement from a year and a half earlier in its concussion pamphlet, which stated “Current research with professional athletes has not shown that having more than one or two concussions leads to permanent problems if each injury is managed properly. It is important to understand that there is no magic number for how many concussions is too many. Research is currently underway to determine if there are any long-term effects of concussion[s] in NFL athletes.”
• Upshaw stated in January 2007 that “We all get alarmed when we see something like this,” in a reference to an article about Andre Waters. “But it’s not like we’ve been just sitting on our hands. That’s what’s being implied here, that no one is looking at this, that no one’s studying this, that no one cares about this. If that was true, I’m irresponsible and I haven’t been doing my job, and neither has the N.F.L.”
It was true……….and they were irresponsible………and they weren't doing their jobs…… and now we can finally hold them accountable.
This lawsuit is the first and only lawsuit of its kind filed against the NFLPA and is being handled by lawyers with a great track record of success against major corporations. Several of the lawyers involved in this litigation have represented National Football League players on a personal basis for over 25 years.
Former NFL players that have filed concussion related lawsuits against the National Football League are welcome to join in this lawsuit against the NFLPA. I do not believe that there is any downside for players currently involved with the NFL concussion litigation to join the lawsuit against the NFLPA. Players involved in the NFL litigation may be able to recoup additional compensation against the NFLPA if this litigation is successful.
The lawyers for the NFL alums believe that the NFLPA had knowledge of the many dangers of concussions suffered by players in the National Football League during their careers and that this knowledge was concealed from the players and misrepresentations were made by the NFLPA to the players to keep them in the dark about the risks they took with repeated head trauma and returning to practice or game situations before it was medically prudent to do so.
Please, don’t sit back and expect this to happen without your participation. It is important that you act quickly in deciding whether to file a lawsuit. The law allows only a set amount of time to bring a cause of action for injury. To avoid attempts by the NFLPA to exclude plaintiffs, any players with symptoms should file as soon as possible.
If you are interested in joining me and other former players, just go to the website of the attorneys that filed this lawsuit on our behalf and begin the process of retaining their services. Here is the link: http://www.NFLInjuryLawsuits.com
There is strength in numbers and I believe that, if a large volume of players assert these claims against the NFLPA, this case will be treated very seriously by the NFLPA and their counsel.
Let’s fight back……
Let’s get some justice……
Let’s git er done!