After congressional hearings, increased media attention and revised rules, the NFL’s concussion saga has entered its next phase: litigation.
More than 125 former pro football players are suing the league — and, in most cases, helmet-maker Riddell — via at least five complaints brought in state or federal courts over the past few months and as recently as last week. They say the NFL should have done more to warn about the dangers of head injuries and should do more to help retired players.
“We’ve moved on from a debate about whether or not it’s really a problem — it’s clear it is — to the next question: What do we do about it?” said Richard Lewis, a lawyer representing players in a class-action suit filed in California state court.
There also are at least three personal- injury cases against the NFL pending in California, along with a case filed in U.S. District Court in Pennsylvania. They’re believed to be the first examples of former players joining together to file concussion-related lawsuits against the NFL. Many players’ wives also are plaintiffs.
“We have three goals. One is to make necessary changes so that others playing this game don’t go the same way. The second goal is to set up a medical process so these people can have medical attention for this injury as long as they need it. And the third goal is to get compensation,” said Thomas Girardi, who is representing several former players in two of the personal-injury complaints.
The NFL’s stance, as explained by outside counsel Brad Karp, essentially focuses on these ideas:
• Players knew there were risks of injury when they decided to play football;
• There was no misconduct or liability on the part of the NFL;
• Any claim should be addressed via arbitration, as outlined in the collective bargaining agreement, not in court.
Most of the players listed as plaintiffs are not household names, although former Chicago Bears quarterback Jim McMahon is included in the complaint filed in Pennsylvania.
