An X-pert Is an “EXPERT” When He’s Really An “Expert”
(or How They have been Used to Cheat You)
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We have now established that both the NFL and the NFLPA have been using fake “Experts” to trick Fans, Active Players, the Media, Congress, the Courts and Us. They have reached determinations and given testimony on Retired Player rights and benefits that were nothing more than shams in too many cases.
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Time after time, these unqualified and prejudiced authorities have made ignorant and insane representations regarding Retired Player health, disability, pension and financial rights issues. NFL doctors have ignored scientific evidence and studies that have been around for almost one hundred years on the dangers of concussions and blows to the head. Former NFLPA Executive Director Eugene Upshaw – in his own way – misrepresented himself as having legal knowledge by incorrectly stating that it was against the law for a Retired Player to collect both a pension and a disability payment.
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In another arena, over the years we’ve always been angered when we hear about some of the so-called Experts who have walked into our Courts Of Law and given what they swore was expert testimony but then been exposed years later as liars, frauds and nothing more than con men with phony and questionable credentials. In some instances, they spoke as authorities for many years before being exposed. Then one day, someone looked into their credentials and qualifications and their entire credibility collapsed.
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Once these X-Perts have been uncovered, a fair Judge goes in and subsequently overturns many of the cases that they were instrumental in. Some of the people whose lives were destroyed because of the fake X-perts’ lies about evidence have either been released or given an opportunity to have their cases reheard.
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What – if anything – can be done in any of these cases that’s remotely fair to the old man who has already served forty or fifty years or who may have even died in prison for something that he never did? Or how about the young man who did eight years locked up because of evidence that was fabricated, manipulated or misinterpreted by some X-pert? And then what about the Retired Player who was wrongly denied disability benefits because some unqualified Board and a Doctor “on the pad” determined that he could still make a decent living for himself if he would buy himself a monkey, a tin cup and an organ and get out there on some busy street corner?
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So are the many X-perts used to unfairly deny Retired Players their rights any less guilty than these phonies that show up in Courtrooms?
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We have to get smart and demand a say in the process. Whenever someone is presented to us as an Expert we should ALWAYS check their professional references and qualifications and be sure that those references and qualifications justify the testimony that they’re giving and the work that they will be called upon to do. A man should not be given a seat on our Disability Board just because he gained the favor of some powerful person or organization.
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Drew Brees was wrong when he said that we were Bums looking for a handout from Active Players. Drew will end up okay in life because he is making millions but most of the other guys who are playing today will more likely end up with problems at least as bad as ours. Will he make the same statement about them when one of them has gone through 32 knee surgeries or is so “punch drunk that he can’t take himself to the toilet or find a safe place to park the car that he is living in at night?”
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As a brotherhood and family, we can bring about even more change than we have over the past few months by standing together. We have to be willing to say, “Enough is enough and we’re not going to take it any more!”
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There is still time for some of us who are alive today. And for those of us who don’t make it, maybe there’s still time left for our families.
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With your help and support, we here at Dave Pear’s Blog plan to conduct due diligence and develop dossiers on every single Expert and X-pert that the NFL and the NFLPA takes on as an expert in Retired Player affairs.
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I hope that all of you will support Bernie Parrish and Bob Stein in the upcoming lawsuits that they’re working on for ALL OF YOU. We also need for you to support us hear at DavePear.com because we want to really “turn the heat up,” in the months to come. Brent Boyd is also doing good work for all of us over at Dignity After Football and he deserves your support as well.
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And please make your contribution to our Litigation Fund and War Chest at BerniesNextSuit.org. You can use your credit card or mail in your check.
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We plan to do everything we can for you and your families. We can and will insist on getting you a seat back at the table and a real vote in the Union on Retired Player issues. We can and will get some of the money back that we have been cheated out of. However, we’ll need your support to do it.
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We don’t have any big and powerful patron funding us and quite frankly we don’t want one. We are in no one’s debt.
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The Independent Movement for Retired NFL Players is not going to go away and you can bet your pony on that.
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Bob Grant
Independent Activist/Advocate
Parrish Team Member
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Dave Pear
February 10th, 2010 at 7:48 PM #
Social Security Administration
Retirement, Survivors and Disability Insurance
Notice of Award
We found that David L. Pear became disabled under our rules on January 8, 2004
PROGNOSIS:
“Mr. Pear’s prognosis is extremely poor. He has clearly experienced significant memory impairment as the result of repeated head injuries, and he may also have had some strokes. His functioning sounds as though it is becoming gradually worse: because his mother has Alzheimer’s, he may also be displaying signs of early onset dementia. In addition, his physical health is extremely poor due to numerous injuries resulting in chronic pain and limited mobility. He is unable to stay awake for any significant length of time. He should be considered permanently disabled. It is fortunate that he has the support of his wife, although caring for Mr. Pear will continue to become increasingly difficult if his functioning continues to decrease.”
Kathi Morton, Ph.D.
Clinical Psychologist
This is the REAL doctor’s report from my Memory Assessment that was conducted by the Division of Disability Determination Services.
The NFL can hire all the “quack” Dr. NO Ira Casson’s they want but these fake doctors continue to commit fraud and medical malpractice as they violate their Hippocratic oath.
Repeated hits to the head cause brain damage. This brain damage greatly increases your odds of having “early onset dementia.”
Just ask any REAL doctor who is not employed by the NFL.
Thank you, Rep. Maxine Waters, for scolding Roger Goodell on October 28, 2009 in Washington, DC and telling him, “it is time to remove the antitrust exemption” from the NFL.
The NFL has NEVER mentioned ANY plan to compensate the former players and their families who are alive today and continue living with these horrible injuries.
Dr. Morton, PhD said it best when she wrote in her report, “It is fortunate that (Mr. Pear) he has the support of his wife.”
Once a player becomes injured the league will NOT support him and his own Union, the NFLPA, will refer him to the Groom Law Group. Remember however: The Groom Law Group has represented BOTH the NFLPA and the NFL. THEY wrote the current disability debacle and THEY also defended it when former players have been denied disability benefits and are forced to sue the plan. They had better pray that they have enough liability insurance when the dam finally bursts.
Supposedly, the Groom Law Group has now been dismissed from representing the NFLPA but are they gone from the NFL as well or are they just being given a new assignment? Also, on what grounds were they fired? They certainly protected their own plan at the expense of disabled players and their families.
When will the NFL finally begin paying restitution to all of the retired players who have been swindled and cheated but are still alive today?
Sincerely,
Dave & Heidi Pear
Pro Bowl 1979
Super Bowl XV
Katherine Grant
February 10th, 2010 at 8:47 PM #
In any lawsuit, the parties demand an Exchange of Experts. When the opposite side submits their list of experts, they must also produce the experts’ CVs (Curriculum Vitae) or resumes. And of course, the experts’ opinions are based on what they are paid to conclude. So each side needs their own experts. Most often these experts know, or know of, each other and much can be gleaned from them that is not revealed in just reading a CV.
Katherine Grant
George Visger
February 11th, 2010 at 1:36 PM #
Bob, Dave and Bernie,
I commend you all for waging this fight, which never should have been a fight in the first place. This is all about RIGHT vs WRONG, and GOOD vs GREED.
After my 3 ten-hour day evaluations at Dr. Amen’s clinic in Newport Beach last October, I think you’ll all find his results and comments interesting to say the least, and I quote:
DR AMEN RESULTS
SPECT Study Findings: A finding is what we see on the SPECT SCAN.
As part of the evaluation two brain SPECT studies were performed on 10/19 and 10/20/09. This study was performed on the following medications: Zonnegram 100mg BID.
These are good quality scans. The most significant findings are:
Marked decreased activity bilaterally of the temporal lobes (on both studies). This finding is often associated with poor memory, mood instability, and irritability.
Marked decreased activity in the prefrontal cortex, in multiple areas that is much worse with concentration. This finding is often associated with problems in judgment, impulse control, organization, attention and planning.
Marked decreased activity bilaterally of the parietal lobes, seen on both studies. This is a finding that has been associated with early dementia, past trauma, and sleep apnea.
Decreased left occipital lobe, seen on concentration, often consistent with past trauma.
Moderate scalloping is noted, often consistent with oxygen deprivation or toxicity.
There are many findings consistent with past brain trauma, including low activity in the prefrontal cortex, temporal lobes, parietal lobes, occipital lobes, and cerebellum.
MICROCOG — Neurological Testing
Impairment noted in attention, memory and general cognitive functioning.
DIAGNOSES/CONCLUSION
DIAGNOSES
Frontal lobe disorder.
Temporal lobe disorder.
Multiple, past traumatic brain injuries, affecting multiple areas of the brain.
Hydrocephalus, treated by multiple shunts
Generalized seizure disorder, treated with medication
Intermittent explosive disorder
Mild cognitive impairment
Rule out sleep apnea
Given the history of anger issues, short term attention span, memory problems and extremely poor judgment in regards to finances and relationships, and cognitive impairments and damage to the prefrontal and temporal lobes I am concerned that George will continue to worsen in the coming decade without intense interventions. I think George is at a very high risk for developing dementia in the coming decade without intensive intervention.
I believe George is 80% disabled and he should not manage his money. He is making irrational decisions, which is putting his family’s security at risk. I discussed this with George and his wife.
My Comments:
The sleep apnea test was negative, but we may try another. I was also very intelligent my entire life, and had the 2nd highest SAT score of all incoming freshmen football players at CU in 76 (~ 40 including walk ons).
The test results are not something I am proud of. I still run my own environmental consulting business, Visger & Associates, but the potential fall out (lost business) from disclosing the results is outweighed by my obligation to do all I can to help other young players and their families avoid what my family has endured the last 28 years since my first brain surgery during the 81 Super Bowl season.
George Visger
San Francisco 49′ers 1980 & 1981
Bob Grant
February 12th, 2010 at 12:08 AM #
George,
You are one brave soldier. There is absolutely no justification that the NFL or the NFLPA can come up with to explain the way that they have both abandoned you. A lot of us are having serious problems from having played the game but guys like you and Dave are going through a genuine hell on earth.
The men who owned the teams that we played for were our bosses but they were also much like fathers to us. Those are special relationships. We were paid to play, some will say, but we deserve better than we have received. The truth is that most of us were not paid the kind of money that most folks thought that we were.
I believe that both an employer and a father has an obligation to stand by sons who worked in their service. I don’t just mean the ones that they take a liking to or adopt as proteges. I mean each and every one who had go out and risk health and future for them.
Whenever someone buys a business, they assume responsibility for its liabilities as well as its assets. Some folks are now trying to say that De Smith is responsible for what happened to so many of us. Well let’s be honest, De was not even in grade school when many of us played. I say the same about Roger.
I refuse to delude myself and believe that the fans have much love at all for the Gladiator who was a hero for years and then is broken and cut up at some point after entertaining them for years. You’ve all seen that movie “Gladiator” with Russell Crow. He was a fan favorite for quite awhile and then he lost. You would have thought that the Fans would have urged the Emperor to spare his life because of his past performances but they did not. In fact, they took great joy in demanding his death even though the Emperor didn’t want to call for it.
America loves its heroes as long as they’e young, healthy and vibrant but they also love it when heroes fall. Many fans get a charge out of seeing a man in the ring or the arena get hit with a “killer blow” that puts him on “the cooling board.” They cheer, high five, celebrate and then chug another beer. I even saw it happen at a high school game last year.
NFL Owners “fight with men in the arena” in much the same way that Mike Vick did with his pit bull dogs. But I still believe that the Owners “are their brothers’ keepers”, no matter how much (or how little) they pay them.
Is there any way that an Owner can justify walking away from Mike Webster, George Visger, Jim Summers, Ed Budde, Andre Waters, Brian DeMarco, Jeff Novack, Conrad Dobler, John Unitas, Brent Boyd, Ron Porter, Kenny Easley and the list goes on and on and on.
In the end, it seems that everyone abandons the fallen hero. It’s not just the Owners; we have to include the fans, the beer companies, the car companies, the shoe companies, the television companies and a long, long list of others who made money from him when he was young and whole.
Our own Union has stolen well over a hundred million dollars ($100,000,000.00) from us and then sent a Lawyer to Federal Court to say that they had the “RIGHT” to steal it from us. It didn’t matter to Gene Upshaw that George Visger and so many others are now “Paying a heavy price” for playing and building the Game and the Union was paying Upshaw millions of dollars – both above the table as well as under the table – every year.
Are any of them “their brother’s keeper”? You bet they are.
Bob Grant,
Independent Activist/Advocate
Parrish Team Member
Bruce Jarvis
February 12th, 2010 at 10:16 AM #
To the lawyers being paid by the NFL to monitor and advise the NFL owners on the growing threat posed by the Retired NFL Players movement:
Read the posts above carefully and if they don’t give you great cause for concern, they should. The retired players movement is gaining focus, expertise and power daily.
The net present value of the global settlement you will eventually sign increases every day. As knowledgeable business people, your experience tells you that every day you delay, the costs are compounded at a rate of interest considerably above your cost of capital.
It’s time to pick up the phone and call (yes, the phone – because no one in your position writes an e-mail which creates a record at this point).
We are waiting and the clock (and your tab) keeps ticking…
Bruce Jarvis
Buffalo Bills
1971 – 1974