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Jim McMahon, 6 others sue NFL over concussions
CBS News ^ | 8/20/2011 | Staff

Posted on 08/20/2011 3:24:33 PM PDT by Scanian

(CBS/AP) PHILADELPHIA - Six former players and one current player have sued the NFL in Philadelphia over the league's handling of concussion-related injuries, the first potential class-action lawsuit of its kind.

The players accuse the league of training players to hit with their heads, failing to properly treat them for concussions and trying to conceal for decades any links between football and brain injuries.

The plaintiffs include two-time Super Bowl champion Jim McMahon, who has said he played through five concussions but now frequently walks around "in a daze" and forgets why he entered a room.

The suit accuses the NFL of negligence and intentional misconduct in its response to the headaches, dizziness and dementia that former players have reported. The suit, filed Wednesday, seeks medical monitoring along with funds to pay for the care of injured players.

NFL spokesman Brian McCarthy said the league had not yet seen the lawsuit but would vigorously contest any such claims.

(Excerpt) Read more at cbsnews.com ...


TOPICS: Health/Medicine; Sports
KEYWORDS: concussions; headinjury; lawsuits; misconduct; negligence
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1 posted on 08/20/2011 3:24:36 PM PDT by Scanian
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To: Scanian

“forgets why he entered a room”

Yeah? Is he over 50?


2 posted on 08/20/2011 3:27:13 PM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: Scanian
....and forgets why he entered a room.

..wait till he gets into his 60's and finds the TV remote in the front seat of the car.....dat'll stump him

3 posted on 08/20/2011 3:28:00 PM PDT by Doogle ((USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: Scanian
Hey Jim, are you sure it wasn't the Car Accident that did it, or maybe too many Super Bowl "shuffles?"
4 posted on 08/20/2011 3:28:03 PM PDT by IllumiNaughtyByNature ($1.84 - The price of a gallon of gas on Jan. 20th, 2009.)
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To: Scanian
The NFL has been totally cavalier about players "getting their bell rung" for years, as have lower level coaches. Some of them seem to think it's a joke. The neurological effects of concussion have been well known. The case for negligence is strong.
5 posted on 08/20/2011 3:28:50 PM PDT by hinckley buzzard
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To: Scanian
This won't go away.

One persons solution was to go back to leather helmets!
His reasoning is that heads would not be used as weapons any more, and less injuries would happen as a result.

6 posted on 08/20/2011 3:29:27 PM PDT by HereInTheHeartland (I love how the FR spellchecker doesn't recognize the word "Obama")
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To: Scanian

McMahon’s problem is going to be proving he wasn’t messed up in the head before he entered the NFL.


7 posted on 08/20/2011 3:30:27 PM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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To: Scanian

I’m happy if I can still remember what I’m looking for after I find my glasses.


8 posted on 08/20/2011 3:32:21 PM PDT by gorush (History repeats itself because human nature is static)
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To: RichInOC

So maybe they oughta have thought about that before excepting millions of dollars? Ya think?


9 posted on 08/20/2011 3:32:31 PM PDT by Mmogamer (I refudiate the lamestream media, leftists and their prevaricutions.)
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To: hinckley buzzard

Well said.


10 posted on 08/20/2011 3:33:42 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: nuconvert

52 tomorrow.


11 posted on 08/20/2011 3:33:42 PM PDT by Cheburashka (Blade Runner was set in 2019. Except for the flying cars and replicants we're right on schedule.)
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To: HereInTheHeartland

Good strategy on leather helmets. How many concussionsa with rugby players? I played for 10 years and you could tell who the the newbies were. Thet would always lead with their head but only their first practice. They learned how to tackle after that.


12 posted on 08/20/2011 3:35:15 PM PDT by lp boonie (Good judgment comes from experience, and a lot of that comes from bad judgment)
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To: HereInTheHeartland

I agree with the leather helmet theory.

Those of us who are old enough to remember them-—or even to have used them-—also recall that concussions were rare and “spearing” tactics and leading with the head were much less common.

Have a look at YouTube videos which feature “Old time football” and the difference in tackling technique is striking. Players “wrapped up” and there was very little “collision” type tackles compared to what we have today.


13 posted on 08/20/2011 3:35:29 PM PDT by Scanian
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To: HereInTheHeartland

Good strategy on leather helmets. How many concussionsa with rugby players? I played for 10 years and you could tell who the the newbies were. Thet would always lead with their head but only their first practice. They learned how to tackle after that.


14 posted on 08/20/2011 3:35:37 PM PDT by lp boonie (Good judgment comes from experience, and a lot of that comes from bad judgment)
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To: hinckley buzzard; 4everontheRight; ABG(anybody but Gore); Abbeville Conservative; akorahil; ...

Isn’t it a voluntary assumption of a known risk?


15 posted on 08/20/2011 3:36:42 PM PDT by Perdogg (0bama got 0sama?? Really, was 0sama on the golf course?)
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To: Cheburashka

Then forgetting why he entered a room is just the beginning.

All kidding aside, I know concussions are serious and multiple concussions can certainly lead to permanent problems.


16 posted on 08/20/2011 3:36:48 PM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: hinckley buzzard

I will go a step further and say this could be the eventual deathnell of the sport as we know it. Negligence or not, concussions will happen in football — a lot. As public awareness grows I see high schools giving up the sport and many parents not letting their children play. I played small time HS football, but even then I remember having a throbbing headache every night after practice or game.


17 posted on 08/20/2011 3:36:55 PM PDT by dinoparty
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To: hinckley buzzard

I will go a step further and say this could be the eventual deathnell of the sport as we know it. Negligence or not, concussions will happen in football — a lot. As public awareness grows I see high schools giving up the sport and many parents not letting their children play. I played small time HS football, but even then I remember having a throbbing headache every night after practice or game.


18 posted on 08/20/2011 3:37:14 PM PDT by dinoparty
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To: Doogle

Yes no kidding!


19 posted on 08/20/2011 3:40:03 PM PDT by Dem Guard (Obama's 57 States = The Organization of The Islamic Conference (OIC).)
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To: lp boonie
With the players continuing to get faster and stronger; but not the human skull; something needs to be done.

It seems like the concussion thing is very real. Sad to read about some of these former players condition.

20 posted on 08/20/2011 3:40:10 PM PDT by HereInTheHeartland (I love how the FR spellchecker doesn't recognize the word "Obama")
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To: gorush
I’m happy if I can still remember what I’m looking for after I find my glasses.

LOL! Been there, done that. I'm glad to hear that it's normal.

21 posted on 08/20/2011 3:41:11 PM PDT by FlingWingFlyer (Americans need to wean their government off of its dependence on foreign money.)
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To: Perdogg

From my reading the suits are predicated on the league publishing a report that lied about the concussion risks, both the risks of getting them at all and the risk of permanent damage once you have one. Everybody knew there was some level of risk, but if the league actually did lie to them about that level of risk they’ve got a case.


22 posted on 08/20/2011 3:44:15 PM PDT by discostu (keep on keeping on)
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To: HereInTheHeartland
"One persons solution was to go back to leather helmets! His reasoning is that heads would not be used as weapons any more, and less injuries would happen as a result."

Well there are two ways the can go. Eliminate helments entirely to deter head use, or wrap their heads in foam rubber about the size of bean bag. (Like Jack from Jack in the Box.)

23 posted on 08/20/2011 3:45:43 PM PDT by Dem Guard (Obama's 57 States = The Organization of The Islamic Conference (OIC).)
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To: Cheburashka
54 years young here, Boomer Class of 1957.

Can still run though. I'm blessed. 28th wedding anniversary today.

24 posted on 08/20/2011 3:48:41 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Scanian

Be a man Jim, walk it off


25 posted on 08/20/2011 3:50:06 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: Travis McGee

Interesting book on the subject by Gay Culverhouse, former President of the Tampa Bay Bucs. It’s called Throwaway Players: Concussion Crisis From Pee Wee Football to the NFL. Pretty appropriate title.


26 posted on 08/20/2011 3:55:44 PM PDT by RGF
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To: Perdogg

<<>>> “Isn’t a voluntary assumption of a known risk?” >>>

Absolutely! McMahon knew it was an extremely violent game. He made millions off that violence.

All of sudden, he says, why didn’t the league tell me it was violent?


27 posted on 08/20/2011 4:05:07 PM PDT by heye2monn
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To: gorush

In the rare event you find yourself on the floor do you look around for things you need to do while you’re down there?


28 posted on 08/20/2011 4:05:25 PM PDT by tal hajus ("Thank you sir. May I have another?" GOP)
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To: tal hajus

If I’m on the floor I’m doing my back exercises. :{(


29 posted on 08/20/2011 4:07:56 PM PDT by gorush (History repeats itself because human nature is static)
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To: HereInTheHeartland

So you’re saying it’s the modern helmet that’s at fault.

Why aren’t they suing the helmet manufactures?

We all know the answer to that, they don’t have near the money the NFL does.


30 posted on 08/20/2011 4:22:31 PM PDT by Leavemealone
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To: Scanian
Maybe Obama can appoint a commission to shut down the NFL.

Obama will also appoint a czar to prevent people running with scissors.

31 posted on 08/20/2011 4:29:02 PM PDT by dancusa (Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. W. Churchill)
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To: hinckley buzzard

The sad fact about this is that the lawyers running this lawsuit will make more than the players will.

Get rid of the helmet and the shoulder pads. Rugby can do it, so can the NFL.

....and yes, I played Rugby for eight years. years. years. years.


32 posted on 08/20/2011 4:29:17 PM PDT by Loud Mime (Democrats: debt, dependence and derision)
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To: RichInOC

McMahon’s problem is going to be proving he wasn’t messed up in the head before he entered the NFL.


Darn, where was it that he went to college? I forget.... ;^)


33 posted on 08/20/2011 4:32:50 PM PDT by Loud Mime (Democrats: debt, dependence and derision)
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To: Travis McGee

Happy anniversary!


34 posted on 08/20/2011 4:48:58 PM PDT by hattend (The SEALs got Osama. The only thing Obama killed was our childrens future - NoLibZone)
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To: nuconvert
“forgets why he entered a room”

Hell... I've been doing that for years. At least he knows he entered a room.

35 posted on 08/20/2011 5:08:25 PM PDT by Northern Yankee (Where Liberty dwells, there is my Country. - Benjamin Franklin)
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To: Loud Mime

BYU. I have no idea how that happened. Did they know what they were getting?


36 posted on 08/20/2011 5:13:59 PM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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To: Leavemealone
The helmets aren't a problem at all. Helmets are designed primarily to prevent head injuries such as skull fractures. A concussion is more of a "whiplash" injury that results from the brain moving inside the skull due to the sudden movement (or change in movement) of the head. There isn't a helmet in the world that can ever prevent that.

I can sympathize with players who have legitimate complaints about the treatment they received when they were injured in the NFL, but the long-term impacts of a lot of these head injuries weren't always well understood in sports. Things are changing now, but I'm not sure players like McMahon have a strong legal case here.

37 posted on 08/20/2011 5:27:15 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Scanian

Outrageousness!


38 posted on 08/20/2011 5:34:01 PM PDT by Cyber Liberty (Rick Perry: Looks like Joe Isuzu, acts like Grant Woods [AZ joke])
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To: dancusa

When scissors are outlawed, only outlaws will have scissors.


39 posted on 08/20/2011 6:03:32 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: heye2monn

Troy Aikman had several concussions, IIRC.


40 posted on 08/20/2011 6:11:58 PM PDT by lonestar (It takes a village of idiots to elect a village idiot.)
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To: Scanian

New discovery: Going out in the rain will get you wet.

Who would have thought that having the crap beat out of you every week from age 14 on could eventually lead to health problems?


41 posted on 08/20/2011 6:18:21 PM PDT by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: HereInTheHeartland
One persons solution was to go back to leather helmets! His reasoning is that heads would not be used as weapons any more, and less injuries would happen as a result.

I think there is some merit to that.

My question is, how prevalent are concussions in Rugby?

42 posted on 08/20/2011 6:20:07 PM PDT by dfwgator
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To: Alberta's Child

I believe McMahon was the first quarterback to bang heads with his offensive line or running backs after a touchdown was scored. Theat couldn’t have helped matters. Also, I think he will have a few legal problems if, as I recall, he was a serial pot user.


43 posted on 08/20/2011 6:48:42 PM PDT by Melchior
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To: lp boonie

RE: How many concussionsa with rugby players?

I hear repeating oneself is a sure sign of too many concussions.


44 posted on 08/20/2011 7:17:42 PM PDT by big'ol_freeper
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To: Scanian

What’s next, Boxing?


45 posted on 08/20/2011 7:31:43 PM PDT by rolling_stone
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To: Perdogg

athletics when explained by the medical field by example is 2 different things and how many football players are doctors of medicine

mid 70’s in Texas in August during 2 a day practices

if you asked for water you were laughed at, scoffed, and singled out

concussions ? if you had one and your eyes untangled, you proved you were not a sissy.....to who ? a coach w/o a dimes medical experience

these players are not whiners but examples of why the evolution of football safety is necessary

football players today are bigger, faster, and effective

why then should not the head and the heads safety evolve too

after all, we’ve seen the consequences of a concussion’s past


46 posted on 08/20/2011 7:53:58 PM PDT by advertising guy (if a politician from either party was to say hello to me, it should be law I can shoot em)
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To: Scanian

Well...he ought to just have a splendid deposition...where 90% of the his responses will be “I don’t remember”.


47 posted on 08/20/2011 9:39:17 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: Perdogg

McMahon’s head was messed up before he got concussions


48 posted on 08/21/2011 7:46:59 AM PDT by wolfcreek (Perry to Obama: Adios, MOFO!)
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To: discostu; Perdogg
I think this is going to depend heavily on what state's tort law applies, and from what I've seen so far, that could be a very complicated and heavily-litigated issue in itself.

In Pennsylvania, as in many other states, "primary" assumption of risk, where the plaintiff had full understanding of the risk and voluntarily encountered that risk and manifested consent to relieve the defendant of his duty to protect against that risk, continues to serve as a complete bar to recovery. There doesn't have to be an express written consent, however - many states hold that voluntary participation in a sporting event implicitly constitutes primary assumption of the risks inherent in that sport.

"Secondary" assumption of risk, which involves the knowing and voluntary encountering of the risk but no consent to relief of duty, has generally been subsumed into the various comparative negligence schemes of the 46 states that have adopted them. That means that the plaintiff can still recover in the face of secondary assumption of risk, but that his recovery will be reduced by the percentage by which his negligence (or rather his assumption of the risk) is found to have caused his injury.

Those are just the basics, though, and there are a lot of other considerations and factors which vary from state to state, not to mention the fact that the law on assumption of risk has been in flux in many of those states. Also, three jurisdictions where NFL games are or have been regularly played, Maryland, D.C., and North Carolina, still apply common-law contributory negligence where "secondary" assumption of risk generally remains a complete bar to recovery.

There are going to be a lot of other issues besides assumption of risk, as well, such as waiver, estoppel, the "fellow-servant doctrine", and the exclusive remedy provisions of the states' workers compensation statutes. The latter has been the subject of some litigation concerning the NFL. Just last May, the federal court for the Western District of Pennsylvania observed in Miami Dolphins v. Newson that the Pennsylvania courts have held that private contracts (in this case the NFL CBA) cannot waive the application of Pennsylvania's workers' compensation laws. This isn't the case in every state, though, and workers' compensation laws in general work differently in many states.

On top of all this is the fact that intentional torts appear to have been alleged. I think the crux of the players' argument here is that the NFL either negligently or intentionally concealed from the players the true extent of the risk of serious head injury. If they can establish that, they may be able to get around not only assumption of risk, but many other defenses the NFL might raise.

Unfortunately, I haven't been able to find the complaint yet outside of PACER (which charges for searches), so I don't know exactly what the players are alleging or what they're asking for, so it's hard to even begin to predict how any of this will play out.
49 posted on 08/21/2011 11:18:52 AM PDT by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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To: lonestar

Aikman said he would not want his son to play football for that reason. But at least he’s not suing the NFL.


50 posted on 08/21/2011 11:42:49 AM PDT by heye2monn
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