Seven retired NFL players filed the first lawsuit against the NFL last summer (August, 2010) seeking damages for former players. A similar class action lawsuit was filed this past week in Philadelphia on behalf of 106 former athletes.
One of the former athletes leading the class action lawsuit is retired Minnesota Vikings offensive lineman Brent Boyd (Sports.yahoo.com, 2012). Boyd’s involvement is significant because he is the only living retired NFL player to be diagnosed with chronic traumatic encephalopathy (CTE).
Chronic traumatic encephalopathy is a permanent degenerative brain disorder caused over time by multiple brain injuries. The disorder is a gradual deterioration of the brain resulting in symptoms that mimic dementia and/or Alzheimer’s disease.
The best and most current research regarding CTE is being undertaken at the Boston University School of Medicine’s Center for the Study of Chronic Traumatic Encephalopathy. Researchers have autopsied the brains of former NFL athletes and were the first to diagnose CTE in these athletes.
NFL’s Response to Concussion in Their Athletes
The NFL does not have a good track record for managing athletes with concussions nor for accepting any responsibility that multiple concussions may have been the cause of the brain damage seen in so many of their retired players.
As recently as October 2009, NFL Commissioner Roger Goodell sat in front of a congressional hearing on concussions and denied any link between football, multiple concussions, and permanent brain injury (Suite101.com, 2009). It was only after significant pressure from Congress, media, and the public that Goodell admitted that multiple concussions may result in CTE (2009).
However, Goodell knew back in 2006 that an increasing number of retired football players were suffering from a myriad of mental disorders, neurological disorders, and early-onset dementia. One of those was Hall of Famer John Mackey.
“88 Plan”
The “88 Plan” was established by the NFL in 2006 as the result of a plea from the wife of former NFL legend John Mackey. Mackey was a Hall of Fame tight end who played professional football for 10 years.
According to an article published by the NBCsports.msnbc.com (2007), Mackey’s wife could no longer afford the cost of Mackey’s dementia care. Sylvia Mackey wrote to the previous NFL Commissioner, Paul Tagliabue (2006) and asked for the NFL’s help in financing the medical care for her husband.
The end result of this letter was the “88 Plan” which essentially provides retired NFL athletes suffering from dementia with up to $88,000.00 annually to help cover the medical costs of care. It is also interesting to note that the above mentioned article included the statement that “no one involved with the program claims Mackey or any other ex-NFL player with dementia or Alzheimer’s is in such a condition because of hits sustained while playing” (NBCsports.msnbc.com, 2007).
While the original intent of the “88 Plan” was the provision of finances to assist with medical care of retired players suffering from Alzheimer’s or Dementia, it now looks like the fund may actually have been and is currently caring for athletes suffering from CTE.
So while the NFL did not initially recognise and acknowledge the link between multiple concussions and CTE, they did realize that a high proportion of their retired athletes were suffering from the symptoms of dementia as early as 2006.
Was the NFL Negligent?
Should the NFL have done more to warn their athletes about the dangers of concussions?
According to attorney Bruce Hagan, who recently joined this class action suit to investigate the NFL, it “failed to inform players of the long-term health risks they faced when encouraging players to conceal concussions and ‘play through’ head injuries”
Sports medicine professionals have known for years about the possible dangers of athletes competing while still suffering from the symptoms of concussion. The question is whether the NFL intentionally placed their athletes at risk for permanent brain injury by allowing them to continue to compete with symptoms of concussion even in light of the growing evidence regarding the physiological effects of multiple concussions?
Other questions to consider include:
- Will the NFL be held liable for the permanent brain injuries sustained by former players?
- What role did the NFL team’s sports medicine personnel (team physicians and certified athletic trainers) play in this problem?
- Were sports medicine personnel coerced by management to allow concussed athletes to play (possible conflict of interest)?
- Does an athlete have the right to compete with a concussion (based on autonomy) if he chooses to and does this come into the equation when establishing liability?
- Should the NFL provide financial assistance for athletes who sustained permanent brain injury while on their payroll? These are all challenging questions and ones that will need to be answered in the near future. Regardless of whether this case goes to trial, one benefit is that it keeps the topic of the dangers of athletes and concussions in the media spotlight with the hope that the future will be better and safer for those currently competing in sports.
References
Foxnews.com, “Concussion lawsuit Filed against NFL by Former Players”, (accessed on January 12, 2012).
Hagan-law.com, “NFL Football Concussions: Head and Brain Injuries”, (accessed on January 12, 2012).
Los Angeles Times (January 11, 2012). Lawsuit Consolidation? Los Angeles Times: Los Angeles California.
Min.scout.com, “Holler: NFL Alumni Deserve Peace and a Piece”, (accessed on January 12, 2012).
NBCsports.msnbc.com, “88 Plan: Honor for a Declining NFL Warrior”, (accessed on January 12, 2012.
NFLplayercare.com, “88 Plan Overview”, (accessed on January 12, 2012).
Sportslegacy.org, “SLI Legacy Donors”, (accessed on January 12, 2012).
Sports.yahoo.com, “NFL, Ex-Players want Concussion Suits Heard in PA.”, (accessed on January 12, 2012.
Suite101.com, “Congress Reviews NFL Head Injuries”, (accessed on January 12, 2012).
Suite101.com, “NFL Now Backs Concussion Research”, (accessed on January 12, 2012).
Terry Zeigler - Educating through writing with over twenty-five years of experience as a Kinesiology Professor and Certified Athletic Trainer.
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