September 4, 2014 Concussions / Litigation / NFL

NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings.

In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field. This class now seeks intervention in the NFL’s concussion litigation settlement negotiations for fear of the …

September 1, 2014 Concussions / NCAA

Another Headache for the NCAA Concussion Litigation

Once again, the NCAA has found itself at the forefront of concussion-related litigation. A Montgomery County (Md.) Circuit Court Judge granted a motion to compel the NCAA president, Mark Emmert, to be deposed in a lawsuit over the death of a college athlete.

In 2011, the parents of a Frostburg State University (Frostburg) football player filed suit when their 22 year-old son, Derek Sheely, died after sustaining several concussions during preseason football training. The wrongful-death suit accused the football coach of conducting “gladiatorial” high-speed …

August 23, 2014 Concussions / NHL

Minnesota Will Play Host to NHL Concussion Litigation

On Tuesday, August 19, it was determined that the current pending concussion lawsuits waged against the National Hockey League, will be combined and heard by a federal judge.

Three concussion lawsuits filed by former players against the NHL within the last year were assigned by a Judicial Panel on Multidistrict Litigation to District of Minnesota Judge Susan Richard Nelson. The judge is already presiding over one of the cases, which was filed in July. The Panel consolidated the cases in Minnesota to provide a …

August 20, 2014 Concussions / NHL

Moore & Bertuzzi Reach Settlement; NHL Violence Avoids Spotlight, For Now

After over ten years of trial preparation, Steve Moore has agreed to settlement terms with the Vancouver Canucks and Todd Bertuzzi. The terms of the settlement remain private, and come less than a month before the scheduled trial start date of September 8.

Moore’s lawsuit arose from a career-ending sucker punch he received on ice from Todd Bertuzzi, a member of the Canucks, back in March of 2004. A few weeks prior, Moore landed a questionable body-check on Vancouver’s Captain, Markus Naslund, giving him a …

August 6, 2014 Concussions

Riddell Attempts to Rid Self of Consumer Concussion Suit

On Friday, August 1, Riddell and other football helmet producers filed a motion to dismiss in the District of New Jersey, in an attempt to end a consumer concussion class-action suit waged against them. This suit is just one of many attacking Riddell’s marketing of its “Revolution” line of football helmets.

Riddell filed its motion, seeking to dismiss the complaint as it fails to state a claim and lacks the statutorily required specificity for this type of action. They argue that the complaint is missing …

August 1, 2014 Concussions / NHL

Lawsuits Becoming a Headache for NHL as Fourth Concussion Suit is Filed

On Tuesday, July 29, 2014, yet another lawsuit was filed against the National Hockey League regarding alleged brain injuries sustained by its players. This lawsuit is the fourth of its kind to be served on the NHL within the last nine months. Unlike the other three, this suit was filed by a lone plaintiff, former Boston Bruin John Rohloff.

Rohloff’s complaint, filed in the US District Court for the District of Minnesota, alleges that the NHL either was aware or should have been aware of …

July 31, 2014 Concussions / NCAA

NCAA Reaches Settlement, Offering Rule Changes to Concussion Class-Action Plaintiffs

On Tuesday, the NCAA filed a proposed settlement in the US District Court of Chicago to potentially end the class-action head-trauma lawsuit. The preliminary settlement will create a $70 million fund for diagnosing current and former college athletes for brain trauma and other head related injuries. The NCAA is currently awaiting approval by Judge John Z. Lee.

The proposed deal also sets up a new and uniform return-to-play policy, treatment requirements, and protocol for athletes who sustain head injuries. The fund will be made available …

July 9, 2014 Concussions / NFL

Judge Gives Preliminary Approval to Revised Concussion Settlement

Presiding Judge Anita Brody in the NFL concussion suit gave a preliminary approval of the revised settlement deal that lifts a compensation cap imposed on damages. Judge Brody wrote,

“A class action settlement that offers prompt relief is superior to the likely alternative — years of expensive, difficult and uncertain litigation, with no assurance of recovery, while retired players’ physical and mental conditions continue to deteriorate,”

In a statement, NFL Senior V.P. Anastasia Danias said, “We will work with plaintiffs’ counsel to provide notice to …

June 25, 2014 Concussions / NFL

NFL Offers a Blank Check for Qualifying Retired Players

The NFL filed a revised settlement offer today after Judge Anita Brody rejected its $765 million settlement proposal in January. The new proposal promises that the “funds will be available to any retired player who develops a qualifying neurocognitive condition,” according to the NFL.

In a statement, the NFL said, “Today’s agreement reaffirms the N.F.L.’s commitment to provide help to those retired players and their families who are in need, and to do so without the delay, expense and emotional cost associated with protracted …

June 25, 2014 Concussions / MLB

Does it Look Silly? Padres Reliever Alex Torres Says Safety over Sleekness.

It may look awkward and uncomfortable, but this protective cap could make the difference. That seems to be the message Padres pitcher Alex Torres was making when he wore a protective cap during the Saturday night’s game.

While the media hype is on NFL given the concussion class-action lawsuit, the awareness of concussion dangers has spread out both vertically and horizontally. It has tinkled down to youth sports and spread to other professional sports like baseball.

Although it is not a contact sports per se, …