Tag Archives: CTE

Former NFL Stars Who Opted Out of the NFL Concussion Litigation Rejoin Class

Two former NFL stars, Joe Horn and Chris McAlister, became the latest players to reinstate themselves in the NFL’s uncapped concussion litigation, after initially opting out of the class action. As background, the settlement established a bottomless fund over a 65-year span — with a potential payout of over $1 billion — to compensate a class of over 20,000 former NFL players now suffering from serious degenerative conditions linked to traumatic brain injuries, like Alzheimer’s and Parkinson’s disease, and dementia. Under the settlement, each…

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Researchers Attempt to Block NHL’s Attempt to Discredit Head Trauma Research

On March 1, 2017, Dr. Ann McKee, a Boston University CTE researcher, filed an affidavit with the Minnesota federal courts that she fears the NHL is seeking research materials to discredit the center’s research on the brain disease CTE. Dr. McKee’s affidavit comes on the heels of the NHL’s motion to compel the center to produce their materials related to their research on the degenerative brain disease. The center’s research will be used by NHL players in a proposed class action lawsuit against the NHL…

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NHL’s Proffered Expert in Concussion Litigation Attacks Dr. Bennet Omalu’s CTE Findings; Omalu Says No Room for Debate

The controversial discourse around high-contact sports and their potential link to permanent brain damage in professional athletes is coming to a head again. This time, it comes after the director of the Center for Neuropathology at Western Michigan University Homer Stryker M.D. School of Medicine, Rudolph J. Castellani, told a federal court that neuropathologist Dr. Bennet Omalu’s medical conclusions regarding the potential link were inaccurate. Dr. Omalu, notoriously known for his research and findings on chronic traumatic encephalopathy, a degenerative brain condition often found…

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NFL Retirement Plan Asks Fourth Circuit to Deny Benefits to Player Disabled by Symptoms of CTE

Issues from Chronic Traumatic Encephalopathy (CTE) have started to seep into other parts of retired NFL players’ lives. Attorneys for the Bert Bell/Pete Rozelle NFL Player Retirement Plan recently asked the Fourth Circuit Court of Appeals to reverse a Maryland District Court’s order granting retired NFL linebacker Jesse Solomon disability benefits. The District Court ruled in favor for Solomon after finding that the Social Security Administration determined that Solomon had been disabled within a fifteen year window. In order to receive disability coverage, a player…

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Family of Derek Boogaard Asks Federal Judge to Remove Tort Claims to State Court

The parents of former NHL player Derek “Boogeyman” Boogaard are asking a Federal District Court judge to remove their wrongful death claims — against the NHL — to state court. Their request comes on the heels of a ruling striking all claims involving federal law, and, Boogaard’s parents opine, the only allegations left to decide involve state tort law claims. Filed in 2013, the suit focused on the NHL’s failure to protect Boogaard and permitted him to return to action without completing recovery for his…

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Supreme Court Blocks Appeals Over NFL Concussion Settlement

On December 12, 2016, the U.S. Supreme Court announced that it will not hear the appeals concerning the concussion-related settlement between the National Football League and more than 20,000 former players. This class-action originated when former NFL players accused the NFL of hiding its true knowledge of the link between football and the degenerative brain disease known as chronic traumatic encephalopathy, or CTE. Upon reaching a settlement, however, a group of dissenting retirees argued that it “unfairly favored currently injured retirees and left thousands of…

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NFL Takes its Turn, Asks High Court to Not Review Concussion Settlement

A few weeks ago, it was the players. Now, the National Football League is asking the Supreme Court to not reject a deal between the league and roughly 20,000 former players dealing with systemic injuries of chronic traumatic encephalopathy (CTE). The Third Circuit Court of Appeals expressly approved a settlement that was expected to provide the two certified classes with more than $900 million of relief. The approval of the settlement, authorized earlier this year, was met with resistance. A group of players petitioned the…

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NFL Hit with New CTE Lawsuit in Southern District of Florida

The latest in a string of head injury lawsuits to hit the National Football League was recently filed on November 21, 2016 in federal court in the Southern District of Florida. As awareness of the long-term head injuries arises, so does litigation against professional sports teams in recent years with especially high-profile cases brought against the NFL. In this most recent iteration, 38 named former NFL players have sued on behalf of a group of 141 retired players seeking workers’ compensation benefits for chronic traumatic…

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Concerns Over Efficacy of Historic CTE Settlement Reach the Supreme Court

Major fault-lines are coming to the fore in one of the most high-profile class action lawsuits dealing with the NFL and players affected by a condition known as chronic traumatic encephalopathy (CTE). Earlier this month, a group of plaintiffs requested the Supreme Court of the United States refuse to review a pair of appeals, submitted by other plaintiffs, challenging the efficacy of an April 2015 settlement. Specifically, the appeals focus on the argument that the current settlement will not be “enough” for former players with…

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NHL Seeks To Have Wrongful Death Claims Checked

On November 4, 2016, the NHL sought to have Judge Gary Feinerman of the Northern District of Illinois reconsider the court’s previous decision to allow relatives of deceased hockey player Derek Boogaard to file wrongful death claims against the National Hockey League (NHL). The NHL argued the claims fell under the NHL’s Collective Bargaining Agreement (CBA) and should be preempted. Judge Feinerman had previously agreed with the player’s family, which alleged the NHL promoted violence and implied head trauma was not dangerous and did not…

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