NFL - Give brain injury a voice

As Chair of the Brain Injury Association of America (BIAA), I am very proud that the "Voice of Brain Injury" filed an Amicus Brief (friend of the Court) in the National Football League (NFL) Concussion Litigation. The Amicus was filed on behalf of all NFL players and their families … in part, to present the science and medicine of brain injury.

A concussion is a brain injury and many of the 18,000 NFL players suffered multiple brain injuries in play. In other words, a brain injury is an alteration of consciousness caused by an external force. A blow to the skull or loss of consciousness is not necessary to establish a brain injury. Likewise, positive diagnostic findings on an MRI, CAT scan or similar technology is not indicative of whether a person suffered a traumatic brain injury.

Many football players suffered multiple concussions that caused a cumulative negative affect to the brain that may result in life long disability. While causation is admitted for purposes of making a claim in the NFL litigation (as opposed to the NCAA litigation), many of the NFL players will not be able to collect money from the settlement if they fail to qualify in a designated diagnostic level (1.5 or 2.0), or other qualifying diagnosis such as Parkinson's, ALS or Chronic Traumatic Encephalopathy (CTE) (diagnosed post-mortem). The only option for most retired NFL players is to prepare for an appeal of preliminary baseline neuro-psychological testing.

As a Board Certified, AV rated attorney, I represent NFL players that retired prior to July 1, 2014 as a result of their brain injuries. I understand the heartache that these players and their families have gone through since their playing days ended. When filing the Amicus brief on behalf of the retired players, we focused on the science and medicine of brain injury. The Court accepted the Affidavits of an internationally acclaimed neurologist, psychiatrist and neuropsychologist regarding brain injury and its life long, chronic, on-going and debilitating disease process. To date, there is no cure for brain injury.

One of the players that suffered multiple brain injuries in play was Junior Seau. The NFL announced that Seau will be inducted into the "NFL Hall of Fame". While I applaud the NFL for acknowledging Seau's football skills ... he also took his own life as a result of brain injuries received playing football.

Seau had CTE as confirmed by post mortem examination. On the front page of the July 25, 2015 New York Times, correspondent Ken Belson reported that Seau's family (his daughter), will not be allowed to speak at the "Hall of Fame" induction ceremony. Why? Presumably, Seau's daughter would discuss not only her father's football accolades, but also her father's brain injury and his battle with brain injury symptoms including behavior, depression and confusion caused by hits to his brain in practice and play. In essence, the NFL wants to silence a voice of brain injury. Shame on the NFL for not allowing the Seau family to speak about a terrific career and a tragic passing. Instead, the NFL simply wants to show a video depicting "bone crushing" hits.

Why not allow Seau's family talk about Junior, his life and his injuries that ended up being overwhelming enough that he was unable to continue … yet stellar enough to be inducted to the "Hall of Fame"?

Many times people say that a football player is paid a lot of money to take risks with their bodies. Players readily acknowledge the obvious risks of playing football ... including death, paralysis or catastrophic injury while on the gridiron. Players understood the risk of harm and accepted those obvious risks of injury or death. The problem with brain injury is that most people look normal after suffering a brain injury ... but, even then, players did not understand and were not provided the information that multiple concussions or brain injuries can be lethal. In other words, a player can not accept the risk of harm for something they were not otherwise advised. The NFL certainly knew of the risks of multiple concussions, multiple trauma and brain injury well before the players ... otherwise, the institution would certainly never have agreed to settle the class action case against the organization.

The NFL settlement is now being appealed as being inadequate. Perhaps what is inadequate is the failure of the NFL to acknowledge brain injury, but even then, let the Seau family have a voice at the "NFL Hall of Fame" induction.

The Seau family is not alone. Dave Duerson and other prominent players have taken their lives as a result of brain injury. In addition, many current and former players have donated their brains (post mortem) for examination by the Sports Legacy Institute, because they suffer on-going symptoms related to dysfunction to their brains and want the science and medicine to support the symptoms, problems and cure that they desperately seek.

Each year, more than 3 million Americans suffer a brain injury. The economic impact in terms of medical expenses may exceed 80 billion dollars in 2015. Help us help others, as brain injury is non-discriminatory and may affect anyone at anytime.

Are NFL Players alone in suffering on-going affects of brain injury? Absolutely not. Many people suffer a brain injury each year and most of which are not sports related, but may be caused by car crashes, falls or other insults to their brains. In addition, almost 294,000 service members suffered a brain injury while on active duty in Afghanistan and Iraq.

As a parent of an active member of the United States Military, I strongly urge the NFL to give a voice to the Seau family and those that want to provide access to care and community for all survivors of brain injury … and, those that passed from the same.

To learn more about the NFL Litigation, brain/catastrophic injury or wrongful death claims, please visit www.NFLcase.com or call Dan Chamberlain at 317-549-5454.

Follow Dan @BrainLawyer

www.CohenandMalad.com/attorneys/Daniel-S-Chamberlain

#NFL #Concussion #Brain #Injury #TBI #Seau #CTE #Parkinsons

Cohen & Malad, LLP is an Indianapolis based, yet nationally recognized law firm that advocates for those that have been wrongfully injured or the families of those that have been wrongfully killed, in addition to mass tort and class action litigation.