Former High School QB: Fix Patchy Implementation of Concussion Protocol

Daniel Bukal, a former high school quarterback, has filed a lawsuit against the Illinois High School Association (IHSA), arguing that the athletic body insufficiently has managed concussions sustained by young football players. Bukal alleged he suffers from migraines and memory loss because of several concussions he had while playing football for Notre Dame College Prep from 1999 to 2003.

The lawsuit seeks remedies similar to a plan proposed in a concussion lawsuit against NCAA that was settled in July. Bukal proposes the IHSA to set …

November 27, 2014 Concussions / Litigation / NFL

Fairness Hearing on NFL Concussion Settlement Concluded

On November 19, the opponents of the NFL concussion settlement had their last chance to object the deal before a U.S. District Judge Anita Brody.

The main argument for the opponents was that the cash award was limited to players who died with chronic traumatic encephalopathy (“CTE”) during a relatively small window of years. Under the current plan, only players who were diagnosed with CTE before July 2014 would be eligible for up to $4 million. Additionally, the diagnostic tests to determine eligibility for some …

November 25, 2014 Concussions / NFL

Kevin Turner Releases Statement Before Fairness Hearing Tomorrow, Nov 19

Just before the fairness hearing before the U.S. District Court Judge Anita Brody in Pennsylvania about the NFL Concussion Settlement, Kevin Turner, a former running back for the Philadelphia Eagles, released a statement urging the retired player plaintiffs and families to agree to the settlement offer.

Stressing that “what matters now is time,” Turner expressed that he was “personally comforted by the knowledge that the compensation program is uncapped and guaranteed to be there for all retired players, especially for those who do not know …

November 5, 2014 Concussions / NCAA

Concussion Class Action Suit Filed Against the NCAA by Former Texas Football Player

On Monday, October 27, a former Texas Longhorn football player filed a class-action lawsuit against the NCAA for failing to warn and protect student-athletes regarding the long-term effects of concussions and impacts to the head sustained during football games.

The lead plaintiff, Julius Whittier, was an offensive lineman for the Longhorns from 1969-72. Whittier allegedly sustained several severe hits to the head throughout his career there. The former player, now 64 years old, was diagnosed with early onset Alzheimer’s disease in August of 2012. He …

October 30, 2014 Concussions / Litigation

WWE Becomes Latest Sports League to Face Concussion Litigation

On Thursday, October 23, Vince McMahon’s World Wrestling Entertainment was added to the growing list of sports organizations facing concussion related litigation. William Albert Haynes III, a former WWE wrestler, brought suit against the corporation with allegations similar to many other concussion lawsuits: that the WWE concealed and denied the medical research showing the effects of head trauma.

Haynes, known by his stage name “Billy Jack Haynes,” makes claims that follow most other concussion lawsuits claiming negligent misrepresentation, negligence, and liability for …

October 15, 2014 Concussions / NFL

Dave Duerson’s Family Objects NFL Settlement Proposal

The family of Dave Duerson, the former Chicago Bears defensive back, filed an objection of the NFL settlement offer that was preliminarily approved in July 2014. The families of David Duerson and Forrest Blue with 8 other former players named in the objection stated that the NFL concussion settlement “disenfranchises the families who will inevitably suffer the horrific ramifications of CTE” because the proposed plan excludes players who are diagnosed with the disease after July 7, 2014, the date of the court’s preliminary approval. In …

October 6, 2014 Concussions / NFL

So Far 9 Former NFL Players Say ‘No’ to Settlement Offer

As the deadline to opt out of the proposed concussion settlement, so far nine players or their representatives chose to opt out while more than 4, 000 players have registered to receive any updates on the settlement.

Although some former players, including Dave Duerson and Junior Seau, wish to delay the deadline until after November 19 when a fairness hearing is scheduled, the deadline is currently set on October 14. In a motion filed on October 2 to keep the current schedule, the lead players’ …

September 15, 2014 Concussions / NFL

The Real Cost of Concussion-Related Litigation

The NFL is expected to pay out about $950 million over the next 65 years to resolve a class action brought by retired football players for head-injury claims. It is estimated some 3,600 players, about 17 percent of potential class members, will get paid from the settlement. Over 5,000 football players sued the NFL for head injuries, alleging that the NFL did not inform players of the link between repeated traumatic head impact and long-term brain injuries.

In August 2013, the NFL agreed to pay …

September 9, 2014 Concussions / Litigation / NHL

Moore & Bertuzzi Officially Reach an Agreement

The decade long legal battle between Todd Bertuzzi and former Colorado Avalanche player Steve Moore is officially at rest. After earlier reports of a potential settlement between Moore and Bertuzzi surfaced about two weeks ago, they were quickly undermined by Steve Moore’s brother, Mark, claiming the deal was a farce to pressure Steve into settling.

The allegations were finally ended on Thursday, however, when Steve Moore released an official statement leaving no suspicion or doubt: “the legal case for the loss of my NHL career …

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 …