Philadelphia Judge Considers Whether NFL Brain Injury Cases Should Go To Court

On behalf of Lovett Law Firm posted in Brain Injury on Friday, April 12, 2013.

Our readers may have heard rumblings about the growing concern about heard injuries in the NFL. Earlier this week, a Philadelphia judge heard arguments on the issue of whether lawsuits accusing the National Football League of hiding the known risks of concussion should be handled in court or in arbitration.

So far, 4,200 former players have filed lawsuits claiming that the NFL chose to ignore the evidence related to brain injuries even while glorifying violence in the sport. The judge’s options at this point are to allow the players to pursue lawsuits, side with the NFL and find that the injuries are covered under the collective bargaining agreement, or to issue a split decision. The collective bargaining

If a split decision is issued, some of the fraud and negligence claims against the league could move forward in court. In any case, there are likely to be appeals, which could give rise to years of litigation.

The players accuse the league of concealing the results of studies linking concussions to neurological problems for decades, even after the league created a committee to explore the issue. In recent years, many former players have been diagnosed with brain conditions after their deaths. Many of them are battling dementia, depression or Alzheimer’s disease.

Lawyers for the NFL are arguing that it is the teams-along with the players union and players themselves-that bear the primary responsibility for the health and safety of their players. The players’ attorney, however, argues that the contract is silent on the issue of latent head injuries, and that players therefore have the right to seek damages in court.

A decision on the matter is not expected for several months. Roughly one-third of the league’s 12,000 former players are involved in the litigation.

Source: El Paso Inc., “US judge in Philly weighs NFL concussion suits,” April 10, 2013