On Thursday, July 7, 2016 NFL Hall of Fame member Paul Hornung hit Riddell Inc. and its parent company BRG Sports Inc. with a failure to warn lawsuit. Hornung alleges that Riddell, which promoted its plastic helmets beginning in 1939, claimed the product was the safest option, but knew that it could never adequately protect from brain trauma. Hornung believes his dementia was a result of his helmets inability to protect from brain injuries, as was promised.
Hornung is a former Green Bay Packer who played in the 50s and 60s. He won the Heisman trophy in 1956 as a senior at the University of Notre Dame which vaulted him to become the number 1 overall pick in the 1957 NFL draft. While in college he wore a leather helmet, but switched to Riddell’s plastic helmet upon turning professional having been led to believe they were “innovative helmets.” He played nine seasons with Packers becoming the NFL single-season record holder for points scored and the 1962 MVP of the league. In 1986, he was inducted into the NFL Hall of Fame.
Hornung’s complaint alleges that Riddell’s helmet provided no protection for his brain, yet all the players in the league were led to believe the helmets would do so. Like many of his former colleagues, Hornung claims he would have never played after having sustained concussions or “played through them” had he known about their connection with long-term brain damage. This lawsuit will be difficult for Hornung as the majority of the case hinges on evidence, not readily available, coming to light during the discovery process to show Riddell had both knowledge of head injury risks and that their helmet would not protect against them in the 50s. Similarly, the timing is an issue as concussion science was virtually non-existent in the 1950s and only recently has risen to prominence. These scientific and football cultural differences will have to be discussed in the pending litigation.
An interesting final note: unlike his predecessors filing similar suits against helmet manufacturers Hornung did not name the NFL in the lawsuit. This can most likely be attributed to the fact that Hornung may be one of many former players to receive a settlement payment over allegations the league encouraged players to play though head injuries.