USAToday: Chargers 'devastated' by ex-DB Paul Oliver's suicide at 29    League of Denial: The NFL’s Concussion Crisis, will air on FRONTLINE on October 8 & 15. Check your local listings    LA Times: Deion Sanders, critic of NFL concussion suits, seeks workers' comp    FOXSports: NFL, players reach proposed $765M settlement of concussion-related lawsuits    Sean Pamphilon's United States of Football in theaters starting Aug 23rd!    Washington Post: Do no harm: Who should bear the costs of retired NFL players’ medical bills?    You can catch all the posts and videos from our recent Third Annual Football Veterans Conference - everything now posted here on Dave's Blog!

Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
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Harvard Hits the Concussion Inc. Jackpot: 10 Years, $100 Million From NFL Players for a Tiny and Misrepresented Study Glossing Over Brain Trauma

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Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
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Dan Pastorini Malpractice Suit Against Class Action Firm Hints Settlement Talks Already Under Way With NFL

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Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
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Published January 10th, 2012

Rep. Linda Sánchez

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Happy Holidays, Football and Sports Concussion Establishment: 2012 Is the Year of the Tobacco-Style Lawsuit

Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:

Published December 26th, 2011.

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Duerson Apparently Did Not Review Andrew Stewart NFL Disability Claim

Posted with the express consent of Irv Muchnick:
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Published September 10th, 2011
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On August 16, FoxSports.com’s Alex Marvez broke the story of a lawsuit against the National Football League’s Bert Bell/Pete Rozelle Retirement Plan, in federal court in Maryland, by retired player Andrew Stewart. I discussed the case on my Concussion Blog – click HERE.
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The premise of Marvez’s piece aligned with an important investigative angle of this blog: that the Stewart suit might reveal more about the work on the disability claims review board of Dave Duerson. But it turns out that, while Stewart’s attorneys have made a lot of progress in getting scrutiny in open court of the board’s inner workings – a very good thing – Duerson himself did not participate in the deliberations of Stewart’s particular case in August of last year.
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The three NFL Players Association representatives on the board for Stewart’s review were Andre Collins, Robert Smith, and Jeff Van Note. “I do not know why Duerson was not on the Board that day,” Stewart attorney Michael Rosenthal e-mailed me.
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According to John Hogan, who represents many retired players from his disability law practice in Georgia, retirement board members occasionally designate others as proxies, and that is probably what happened here. The whole process is mysterious and secretive, which is why we need the drip-drip-drip of additional cases to break down the NFL and NFLPA’s limestone wall. (The judge in the Stewart case has set a trial date, though he has not yet ruled on whether to permit live testimony. But the court seems to be leaning that way.)
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As I’ve said many times, perhaps the most tumultuous litigation for the football-concussion system isn’t by professionals. Rather, it involves youth athletes and the financial exposure of public schools for disabling injury and wrongful death. Without tackle football mania at the grassroots, the $10-billion-a-year NFL cannot recruit, inculcate, and thrive. We already know of one lawsuit in New Jersey by the family of a kid who died from a second concussion after being cleared to return to play – with the help of NFL and World Wrestling Entertainment witch doctor Joseph Maroon’s “ImPACT concussion management” software.
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Irvin Muchnick is author of CHRIS & NANCY: The True Story of the Benoit Murder-Suicide and Pro Wrestling’s Cocktail of Death (2009) and WRESTLING BABYLON: Piledriving Tales of Drugs, Sex, Death, and Scandal (2007). He is a widely published magazine journalist and has appeared on forums as diverse as Fox News’ “O’Reilly Factor,” National Public Radio’s “Fresh Air with Terry Gross,” and ESPN’s “Up Close.” Muchnick is lead respondent in the landmark U.S. Supreme Court case for freelance writers’ rights, Reed Elsevier v. Muchnick.
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BeyondChron contributor Irvin Muchnick has launched his new website and blog “Concussion Inc.”. You can also find Irv on Twitter at http://twitter.com/irvmuch.
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Posted with the express consent of Irv Muchnick:
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Notes on NFLPA Boss DeMaurice Smith at Santa Clara Sports Law Symposium

Published September 8th, 2011
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Posted with the express consent of Irv Muchnick:
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NFL Retirees’ ‘Legacy Fund’ Boost an Obvious Throwaway Line of Lockout-Ending CBA

Published August 29th, 2011
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Dissident National Football League retiree Dave Pear’s blog has more primary-source email exchanges among principals about the confused status of increased pensions for pre-1993 players as a result of the so-called Legacy Fund, which was negotiated into the recent collective bargaining agreement between the league and the NFL Players Association. Some of these equivocal words emanate from Sam McCullum, the replacement for the late Dave Duerson on the joint labor-management disability claims review board.
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See “More unanswered questions on pre-93 issues”.
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Posted with the express consent of Irv Muchnick:
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Football Media, Courts Still Not Tackling Lesson of Dave Duerson Suicide

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by Irvin Muchnick‚ Aug. 19‚ 2011
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Six months after Dave Duerson put a bullet through his own chest, the annual national brain trauma toll mounts again, from the National Football League all the way down to the peewees. Meanwhile, the mentally flabby sports media continue putting out the same sugar-coated message: that we should become more “aware” about concussions, and that pro football players should emulate Duerson by donating their brains for research – as if Duerson – who spent his late life denying others’ claims of concussion syndrome – personally invented Chronic Traumatic Encephelopathy (CTE).
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Here’s a better idea: Next month, in federal court in Maryland, there will be a pretrial hearing in a case against the NFL retirement plan by Andrew Stewart, who played linebacker for the San Francisco 49ers and two other teams from 1989 to 1993, and whose application for increased disability benefits had been rejected. Stewart’s lawyer wants the court to examine the work of Bert Bell/Pete Rozelle NFL Players Retirement Plan’s (EDITOR’S NOTE: Corrected from the original post) joint owner/players’ union Board of Trustees – which included Duerson.
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Alex Marvez of FoxSports.com, who is doing as good a job as any mainstream journalist on the concussion story’s off-the-field aspects, broke the Stewart lawsuit development (Click HERE to read his post).
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Posted with the express consent of Irv Muchnick:
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NFL Players Boss DeMaurice Smith, Eric Holder’s Pal, Major Bad Guy in National Concussion Saga

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by Irvin Muchnick, 2011-08-12
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And now for a heartwarming anecdote from last weekend’s Pro Football Hall of Fame festivities that you probably didn’t know: The executive director of the National Football League Players Association, DeMaurice Smith, crashed the dinner in Canton, Ohio, which is traditionally reserved for Hall of Famers and new inductees, and started to speak. According to NFL legend Joe DeLamielleure, blogging for Dave Pear’s Independent Football Veterans, around a dozen guys walked out in the middle of Smith’s remarks.
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The NFLPA chief “had no idea that this audience consisted mostly of pre-1993 players,” said DeLamielleure, who estimated that the Hall of Famers in attendance included around 40 guys who receive monthly pension checks of exactly $176 from the $9-billion-a-year NFL. Confronted by the retirees, Smith said the “legacy fund” negotiated in the new collective bargaining agreement would increase them to between $1,000 and $1,500 a month.
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EDITOR’S NOTE: Author Irv Muchnick has been covering the big picture on concussions in sports and its broader effects on society in general. In following up with our most recent posts and debates with insiders from the NFLPA on their role in Disability Benefits – or lack thereof – we’re presenting three of Irv’s current posts.
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Posted with the express consent of Irv Muchnick:
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Sports Concussion Crisis a Culture-Wide Problem – Maybe a Post-Ideological One, Too

August 8‚ 2011
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by Irvin Muchnick
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Writing in The Nation’s special August 15-22 sports issue, currently on newsstands, recently retired Denver Broncos wide receiver turned social critic Nate Jackson reflects on the football concussion crisis. Jackson is short on specifics and long on the banal (“But at what price comes the glory?”). Jackson also makes regrettable separation from the essential theme: traumatic brain injuries are not the same as blown-out knees; the National Football League’s commerce-first values inculcate amateur sports, as well; and the depth and breadth of the resulting societal fallout far exceed the public’s current perception.
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