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Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

NFL Concussion Settlement: The Importance of Personal Injury Lawyers

  • By Mike Bannan
  • 20 Sep, 2017

The NFL Concussion Settlement: A Primer

 

The NFL Concussion Settlement has been gaining increased attention throughout the nation due to increased media coverage, such as the Golden Globe-nominated film “Concussion,” featuring Will Smith (the film documents Dr. Bennet Omalu's struggle against the NFL's suppression of his findings that concussions were causing permanent brain damage to NFL players). Despite the increased awareness, we have found many NFL players are unaware of their rights under the settlement.

 

History of the "Concussion" Issue

 

It's no secret that football, like other contact sports, poses a serious risk of injury. During the early 20" century, football garnered national attention due to its violent nature and the large number of injuries and deaths linked to the game. Even President Teddy Roosevelt got involved to help save the game by changing the rules and making it safer for players.

 

The issues faced by NFL players because of concussions were more subtle, however, and took a long time for the NFL and society to acknowledge. The NFL first made tacit acknowledgment of the issue in 1994 by forming a "Mild Traumatic Brain Injury” (MTBI) committee to study the issue and make recommendations. However, injured knees, steroid use and drinking problems were all seen as bigger threats to the health of players, and little was done to handle concussions and other brain injuries.

 

Over the years, several high-profile injuries displayed the severity of the problem. Troy Aikman suffered a traumatic blow to the head the same year the MTBI was instituted, remarking that he couldn't even remember having played the game in which he was injured. Several other players such as Steve Young and Mike Webster cited injuries on the field as contributing to serious cognitive issues throughout the 90s and early 2000's. Some players, such as Aikman, cited their brain injuries as the reason for their retirements. Tragically, some players, such as the late Dave Duerson, were driven to suicide. While the NFL made several changes in the rules governing returning to play after a concussion, they steadfastly refused to admit that concussions and the brain injuries they caused were a problem for the NFL.

 

The Link Between NFL Concussions and Chronic Traumatic Encephalopathy

 

Despite the NFL's denials, several doctors and medical examiners, including those who worked for the NFL like Dr. Bennet Omalu, noted that players were developing Chronic traumatic encephalopathy (“CTE”).

 

CTE is a progressive, degenerative disease which develops over time because of repeated blows to the head. The disease can be subtle initially, sometimes taking 8-10 years before symptoms manifest clearly. Symptoms include:

 

  • A shortened attention span
  • Inability to focus
  • Headaches
  • Dizziness or other disorientation
  • Memory loss
  • Vertigo
  • Unreasonable or erratic behavior
  • Restricted facial expression ("Hypomimia”)
  • Dementia
  • Speech impediments
  • Loss of hearing
  • Suicidal thoughts

 

The only 100% reliable way to diagnose CTE is to study the brain after death. Clear indications of the disease are often found by checking for changes in brain weight caused by tissue degeneration. While tests are being developed, players should be seen by the best doctors they can gain access to in order to be properly treated.

 

The Lawsuit di Settlement

 

In August, 2011, the first lawsuit was filed against the NFL by former Atlanta Falcons player Ray Easterling. Since then, more than 4,500 former NFL players have joined Easterling in suing the NFL, asserting the NFL suppressed information and denied the extent of the risks faced by players. In 2013, the NFL announced a $765 Million settlement with the retired players.

 

There is still time for former players, and in some cases the estates of deceased players, to make a claim against the settlement. However, it is important that former players suffering symptoms of CTE do not delay treatment. Due to the difficulties involved in diagnosing CTE, your claim will be made much stronger with appropriate medical testimony, given by neurologists and other doctors familiar with the symptoms of CTE and other trauma-related conditions.

 

Contact a Personal Injury Lawyer

 

Alvin F. de Levie, Esq. and his team of highly skilled attorneys are helping hundreds of ex-NFL players who are distressed by present and ongoing problems or at risk for future ones by getting them assessed, examined, and tested by the best network of reliable and conscientious neurologists in the nation familiar with what these players deal with and face every day.

If you or someone you know believes that played in the NFL have developed symptoms of chronic traumatic encephalopathy or other traumatic-brain injury, contact the Law Offices of Alvin F. de Levie & Associates today at (844) 777-2529 for an evaluation of your rights under the settlement. All of our consultations are held in the strictest confidence.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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