March 18, 2014 Advertising / Concussions

FTC Will Continue to Monitor Sports Equipment Concussion Protection Claims

Last week, the Federal Trade Commission (FTC) testified before Congress about its efforts to ensure the accuracy of concussion protection claims made in connection with sporting equipment. Richard Cleland, Assistant Director for Advertising Practices in FTC’s Bureau of Consumer Protection, testified before a Congressional Subcommittee and outlined efforts the agency has taken.

As concussion awareness has grown, manufacturers have increasingly been making claims about the concussion protection ability of their products. “Given the dangers that concussions pose for young athletes engaged in sports, it is …

March 14, 2014 Concussions / NCAA

Stanford Runner Becomes First Active Division-1 Athlete to Sue NCAA Over Concussions . . . Then Backs Out Of Suit!

Jessica Tonn, a senior cross-country and track and field runner at Stanford University, became the first active D-I athlete to sue the National Collegiate Athletic Association (NCAA) over concussions when she filed a lawsuit against the NCAA in federal court on March 5. In an abrupt twist, her involvement in that litigation lasted two days when she decided that she no longer wished to be a plaintiff in the class action. Tonn’s involvement as an active student would have certainly made history, especially given that …

March 13, 2014 Concussions / NFL

The Real Story behind the NFL Players’ Association “$100 Million Research Grant” to Harvard Medical School

The NFL Players’ Association (NFLPA) recently announced that it would provide a $100 million grant to Harvard Medical School to fund research aimed at improving the health and safety of NFL players. Now, an “Outside the Lines” report has revealed that the NFLPA never intended to pay the entire grant amount. Instead, the NFLPA’s public announcement – conveniently timed on the night before the Super Bowl for maximum press coverage – appears to have been a PR stunt aimed at pressuring the NFL into fronting …

February 13, 2014 Concussions / Soccer

Former Portland Timbers Soccer Player Files Concussion Lawsuit Against Team

Former Portland Timbers soccer player Eddie Johnson’s lawsuit is the latest development in the ever-evolving arena of concussion lawsuits by amateur and professional athletes. This is the second concussion suit brought by a player against an MLS club; Bryan Namoff sued DC United in 2012 and that litigation is ongoing.

Johnson filed his Complaint in Oregon state court against the team and its medical staff, alleging that his career ended prematurely because they negligently allowed him to play while he was still suffering from concussion-related …

February 5, 2014 Concussions

Junior Seau’s Family Displeased with Proposed Settlement in NFL Concussion Case

Fighting recently broke out amongst plaintiff’s attorneys attempting to settle the massive multi-district concussion litigation against the NFL after the presiding judge, U.S. District Judge Anita Brody, nixed a $760 million dollar settlement deal proposal. Judge Brody’s concerns were that the lump sum would be inadequate to fund what could potentially involve 20,000 claims by a variety of NFL alumni over a period of 65 years. Now, the family of the deceased NFL star Junior Seau is voicing their own objections to the proposed deal.…

January 31, 2014 Concussions

Former Lions Running Back Latest to Sue NFL Over Concussions

Jahvid Best was a first-round draft pick for the Detroit Lions in 2010. Only three years later, the team released Best due to health complications the running back suffered as a result of incurring multiple concussions on the playing field. Best is now the latest NFL alum to join a long list of others in suing the league for intentionally downplaying the long-term risks of concussions and their role in later-life cognitive decline.

Best’s suit names the NFL, as well as helmet-manufacturers Riddell and Easton-Bell …

January 30, 2014 Concussions

Delay of Game: Slow Progress on Settlement in NFL Concussion Litigation

By late last year the giant NFL concussion lawsuit – a case where several thousand former NFL players are suing the league for intentionally downplaying the risks of concussions and related head injuries – looked to be drawing to an early end. Now, one week after U.S. District Judge Anita Brody rejected a motion for preliminary approval of a proposed $765 million settlement to end the ongoing multi-district concussion litigation against the NFL, renewed settlement talks amongst attorneys for the 4,500+ NFL alumni are becoming …

January 28, 2014 Concussions

Family of Deceased High School Football Player Files Suit Against School

Late last fall, sixteen year old Damon W. James staggered to the sidelines and collapsed during a Westfield/Brocton high school football game. Three days later, Damon died at Women & Children’s Hospital in Buffalo, New York. It was initially reported that Damon suffered from a traumatic head injury caused by a helmet-to-helmet collision. However, it is now believed that several football-related head injuries incurred earlier in the season made Damon particularly susceptible to the fatal blow.

Damon’s mother and father have filed a notice of …

January 27, 2014 Concussions

Missouri Law Could Spell Trouble for NFL’s Chiefs in New Concussion Lawsuit

The NFL and over 4,500 former players are currently attempting to negotiate a settlement in the massive multi-district concussion litigation against the league. In brief, the plaintiffs’ accuse the NFL of intentionally downplaying and concealing the risks of concussions and the role of head injuries in later-life cognitive decline. Negotiations to resolve the matter recently resumed after U.S. District Judge Anita Brody rejected a proposed $765 million settlement deal that had been reached by the parties. Judge Brody strongly believed that this amount would be …

January 21, 2014 Concussions

Flag on the Play – District Court Judge Rejects NFL Concussion Settlement Plan

Last fall the NFL and 4,500 ex-NFL players reached a proposed settlement deal of $765 million to end the ongoing multi-district concussion litigation. In the underlying case, the NFL alumni accused the league of intentionally downplaying the risks of concussions and their correlation to later-life cognitive decline. In addition to the $765 million sum, the NFL was slated to pay out $112 million in additional funds in plaintiffs’ attorney fees.

However, on January 14, 2014, Judge Anita Brody for the Eastern District of Pennsylvania officially …