One More Lawsuit for the NFL and More…

Oct 14, 2011

First the serious stuff: One more helmet concussion lawsuit filed in California by Hausfeld LLP and Pearson Simon Warshaw & Penny LLP, on behalf of Cedrick Hardman and Tommy Mason against the NFL, Riddell and Easton-Bell. The two Exhibits include proposals for medical monitoring and benefits after a career in football.

And we’re not letting the NFLPA off the hook today either: Here’s another good reason for retired players to manage and administer their own benefits: Be sure to read about the Gene Upshaw NFL Player Health Reimburse lobby at the end of this post! Oh well – Another day, another $100,000!
We’ve uploaded a copy of the new 78-page Lawsuit and Exhibits to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
NFL Concussions Complaint w Exhibits (10.13.11)
And speaking of medical benefits, our friend Irv Muchnick (check out Irv’s Blog at Concussion Inc.) uncovered another lobbying group we’re never heard about called the Gene Upshaw NFL Player Health Reimburse (?!!). You can see their lobbying efforts from the past 3 years from the Center for Responsive Politics by clicking HERE. While there was no activity in 2011, public disclosure records show disbursements of $50,000 a year of YOUR money being paid out in 2009 and 2010. And who was paid to do the lobbying? In 2009, $40,000 went to Groom Law Group (Doug Ell’s firm) and $10,000 went to Akin Gump (Larry Lamade’s firm). In 2010, $50,000 went to Akin Gump. If anyone has anyone idea of what this “lobbying” group was supposed to be doing and who it was supposed to be benefiting (and why Groom Law and Akin Gump were retained to lobby on its behalf), we’d sure like to hear from you. Your Union dollars at work!





7 Responses so far | Have Your Say!

  1. John Ebersole
    October 14th, 2011 at 3:46 pm #

    John Ebersole

    With all these lawsuits, the old players will be dead before they get any money. I certainly could use it now before I lose my home…

    John Ebersole
    New York Jets
    1970 – 1977

  2. Lionel James
    October 14th, 2011 at 6:18 pm #

    Lionel James

    Since the foxes (NFL/NFLPA) have been the gatekeepers for the chickens (Retired Players), who has been the Farmer or – in other words – the general contractor. The general contractor, or general manager, whichever term you wish to use, is the keeper of the key which unlocks the door. The general manager’s job is to balance the overall equation to make it profitable and fair to all – or for the benefit of all. Therefore if we use the equation P = R – E, where the variable P stands for Profit, then the variable R stands for Revenue and the variable E stands for expenses. When using this universal formula fairly, all will benefit in the overall scheme fairly. That is, if this game is played like Pete Rozelle envisioned (Rozelle’s benefits for retired players). But in looking at this simple equation, it is easy to see why the NFL/NFLPA always want to minimize the Retired Players’ share.

    In this simple equation (P = R – E) it is easy to see that if you lessen the blow of increasing the monies to Retired Players they automatically increase their profits. With that thought in mind and having no voice in retirement benefits, I must ask this question,”Can a Rat sell CHEESE?” The answer is “NO!” Why? Because I’ve never heard of a rat saving any cheese for the next rat that comes behind him.

    So the phrase “Tomorrow is not promised to you,” holds true.

    Lionel James
    San Diego Chargers
    1984 – 1988

  3. Dave Pear
    October 14th, 2011 at 6:38 pm #

    Dave & Heidi.jpg


    What the heck is this?

    The Gene Upshaw NFL Player Health Reimburse?

    The Groom Law Group was paid $40,000 and Akin Gump was paid $60,000. What did they do to earn this money?

    Dave & Heidi Pear

  4. Gordon Wright
    October 15th, 2011 at 7:57 am #

    Gordon Wright - NY Jets

    John Ebersole – you get the whole point of all the NFL lawsuits: The lawsuits will support their lawyers for the cost of real civil and moral justice for the sons of some parents who gave their all and received a liability in return. The Owners are probably padding the income of these lawyers who will not win a case until all the pre-93ers are dead.

    All those who Govern the Laborers in whatever state have never thought to be fair or evenhanded with any worker whatever his level in this country. Only the 0ne Percent get all the wealth. The rest of us are Rats in a Skinner Box conditioned by the one percent. The One Percent will pay because the One God will judge them and they will pay for all their greed before they leave the earth. The Arch of Justice will see to it. The Lawyers are not for Justice – they are parasites and they are only working for themselves.

    The NFL and The Philadelphia Eagles violated the 1938 Labor Laws and the 1964 Civil Rights Law by not honoring or paying me for the ’67, ’68 contract for my services. Where is my justice? Where is my lawyer? Almighty God is my Lawyer!

    My Mother cursed the Philadelphia Eagles and they will never win until they pay me my money they owe me! I talk to my mother frequently and she is still mad about what the NFL and the Philadelphia Eagles have done and are doing to her only son.

    Gordon Wright
    Philadelphia Eagles & New York Jets
    1967 – 1970

  5. George Visger
    October 16th, 2011 at 11:36 am #

    George Visger

    I had a good long talk with my older brother Bob last night after I returned “home” late from a grueling 14-day work road trip. I found my family (who have been currently living with my mother-in-law as we are now homeless) had gone to visit our oldest daughter at college out of town. So Bob and I talked at Taco Bell ’til nearly midnight, when I retired to a Motel 6.

    Bob is a former college player and coach for nearly 20 years and currently teaches at a local community college. Coach Gomez – as he is known to me – presented me with his “Reasonable Man Theory”.

    In answer to some of the above questions:

    1.) Can a rat sell cheese?”

    “What would a reasonable man say?”

    2.) If P = R – E (which it does), and all would benefit fairly (which they would), and the NFL refuses to enact this equation.

    “What would a reasonable man say?”

    3.) What did the Groom Law group and Akin Gump do to earn $40,000 and $60,000 respectively?

    “What would a reasonable man say?”

    4.) The NFL and The Philadelphia Eagles violated the 1938 Labor Laws and the 1964 Civil Rights Law by not honoring or paying Gordon for the ’67, ’68 contract for his services. Where is his justice?

    “What would a reasonable man say?”

    5.) Over 10,000 ex NFLers (still living) and only 300 qualify for benefits?

    “What would a reasonable man say?”

    6.) Hall of Famer Mike Webster died homeless in his truck after 17 years of service and being denied help for years after his career was over.

    “What would a reasonable man say?”

    7.) Dr. Bennett Omalu discovered tau protein buildup in the brains of 23 of the first 24 NFL brains he studied. Tau protein had only been associated with Dementia patients prior to this. After each autopsy, he published his results in scientific journals over and over for years and the NFL’s head injury experts, i.e. Dr Casson, continued to refute his studies repeatedly.

    “What would a reasonable man say?”

    8.) I suffered a traumatic brain injury, underwent emergency brain surgery during the 81 season, two more subsequent emergency brain surgeries 4 months after the season and was forced to sue for Workers Comp. I proved in a court of law that my injury was industry-caused in 1986. I have had 6 more emergency brain surgeries since that time. And I STILL don’t qualify for NFL benefits.

    “What would a reasonable man say?”

    9.) Our NFL brothers and their families are devastated by their short tenures in the NFL, all for the sake of entertainment, while Roger Goodell and DeMaurice Smith draw 11-figure salaries WITH benefits, all with NO personal injuries or risk whatsoever.

    “What would a reasonable man say?”

    I ask you: “What would a reasonable man say?”

    George Visger
    San Francisco 49ers
    1980 & 1981
    Super Bowl XVI
    Survivor of 9 NFL-Caused Emergency VP Shunt Brain Surgeries
    Benefactor of ZERO NFL Benefits

  6. Burt Grossman
    October 17th, 2011 at 9:15 am #

    Burt Grossman

    Well looks like yet another month we won’t be seeing any increases in the monthly pensions. I guess it takes longer than 90 days to add $114.00 a month.

    Burt Grossman
    San Diego Chargers, Philadelphia Eagles
    1989 -1994

  7. Henry Bradley
    November 9th, 2011 at 1:10 am #

    Henry Bradley

    I have asked everyone I can to help me understand my case. Can I sue the NFLPA for keeping the information from me about the grievance they filed for me in 1983? I have requested my file and they send me everything but that. Don’t I have a right to know who worked on my case? They won’t tell me because that person signed my severance away.

    I have made up my mind to go and talk to these people. I am so tired of the headache every day when I think about this situation. I ask you to keep me in your prayers. I need to know why the NFLPA and the Ravens tried to destroy me.

    Henry Bradley
    Cleveland Browns
    1979 – 1982