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!

Is It Just an NFL Crisis?

19 December 2013

An update from ABC This Week on Football’s Concussion Crisis – with a Who’s Who guest list:

 

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Last night, PBS aired their full two-hour documentary League of Denial on Frontline and the accompanying book from Mark Fainaru-Wada and Steve Fainaru.
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Thanks to PBS, you can now watch the entire movie in Full Screen mode by clicking on the Enlarge icon in the lower right corner when you move your cursor over the video as it starts to play.
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Patrick Hruby: Don’t Settle

18 September 2013

EDITOR’S NOTE: This is one of the more insightful pieces on the proposed settlement offer from NFL to the retired players’ concussion lawsuits. Re-posted from Sports on Earth with permission from Patrick Hruby.
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Don’t Settle
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Settle for Less
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Eleanor Perfetto watched her husband shrivel, and she watched him die. Near the end, Ralph Wenzel was a husk: a once strapping and energetic 225-pound former National Football League lineman, down to 145 pounds, eating mashed-up doughnuts, unable to walk or bathe himself, his mind unraveled by dementia. He was posthumously diagnosed with both Alzheimers and chronic traumatic encephalopathy, the latter neurodegenerative disease linked to repeated blows to the head; a scientist who examined his 69-year-old brain said it had shrunk to the approximate size of an infant’s. Wenzel’s dissolution was slow. Horrific. So Perfetto understands. Understands the pain. Understands the relief over the proposed $765 million settlement of the NFL concussion lawsuits, the eagerness to assist the former players in the most dire need — and their families, too — while calling off a long, draining legal fight.
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Still, Perfetto can’t help but feel torn. Torn that the league is just walking away, cash left on the nightstand. Admitting nothing.
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“This is a positive step, good for the players and families that need help now,” says Perfetto, a senior director at Pfizer and one of the over 4,600 former players and their family members who have sued the NFL. “But I’m very disappointed that the league gets to continue to deny the relationship between head injury and the illnesses that we see. They’re not taking on any culpability. And we will never know the timeline of just how long they have known this and the extent of them blocking it as much as they could. That will be kept secret unless some whistleblower comes forward in the future.”
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When it comes to mixed feelings, Perfetto is hardly alone. Former All-Pro defensive back Bruce Laird worries that the settlement won’t be large enough to cover the brain trauma-related medical needs of all current and future players. Retired linebacker Scott Fujita believes that full NFL disclosure – what, exactly, did the league’s executives and denialist doctors know, and when did they first know it? – is a public health matter. Retired lineman Kevin Mawae likens the pending deal totaking it 99 yards, but not getting that last yard” and taking “a little bit of our milk money back” from a schoolyard bully while getting a “promise that he won’t touch us again.” On the other hand, all three former players — Laird is a plaintiff in the lawsuits; Mawae and Fujita are not — are pleased that peers like former NFL fullback and Amyotrophic Lateral Sclerosis sufferer Kevin Turner will receive concrete financial assistance sooner rather than later. For that matter, so is Turner: in a recent USA Today editorial, he wrote that many of us also feared that a resolution would take years. That this agreement happened so quickly lifts an enormous burden off of our shoulders. We will get the care and security we need now, without being forced to wait for years of litigation to work its course. Indeed, NFL executives, plaintiff’s lawyers and mediator Layn Phillips all have framed the pending settlement as a choice between competing goals: plaintiffs can push for more money and evidence of league wrongdoing via a bruising court battle that could last years, or they can help men like Turner as quickly as possible. They cannot do both.
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Or can they?
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To borrow Mawae’s metaphor, the concussion plaintiffs don’t have to take a knee at the goal line. Nor do they have to abandon their brothers in need. They can help men such as Turner and continue to fight. They don’t need to take a crummy deal. They can demand something better. They should demand something better. They have more potential resources — more potential leverage — than commonly believed.
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Now is not the time to settle.
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* * *
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Start with the money. Suppose retired players had as much as $493.7 million available to them over the next eight years, earmarked for medical care and financial assistance. Would that change the settlement equation? Guess what: this money isn’t hypothetical. It’s real. Available now. Available since last year. A pot of cash hiding in plain sight, roughly equivalent to the $495 million NFL is scheduled to dole out over the first eight years of the proposed deal.
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Pull up the league’s current collective bargaining agreement. Go to page 78. Look for Section 5: Joint Contribution Amount. You’ll find an annual fiscal carve-out from the players’ share of football revenues, starting at $55 million in 2012 and increasing at compounded rate of five percent annually through 2020. Who controls this money? Where is it going? That’s where things get interesting. And frankly, a bit curious. According to the CBA:.

  • $22 million “shall be dedicated to healthcare or other benefits, funds, or programs for retired players as determined by the NFLPA”;
  • $11 million “shall be dedicated to medical research, as agreed to by the parties”;
  • $22 million “shall be dedicated to charities as determined by the NFL, including NFL Charities and/or Youth Football or successor organizations.”

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Filmmaker Sean Pamphilon continues his road tour to promote his recently released film, The United States of Football. Watch for it at a theater near you as it rolls out across the country.
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Here’s his latest interview with Pimm Fox on Bloomberg Television’s “Taking Stock” about The Ugly Truth Behind Concussions in Football.
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Hypocrite of the Decade

6 September 2013

hypocrite

baby Deion
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What was it that Deion Sanders said a while back about how other retired players are whining because concussions don’t exist? Here’s our earlier post along with accompanying comments - click HERE to read our earlier post.
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EDITOR’S NOTE: Our phone lines and Inboxes have been tied up since last Thursday when it was first announced that there was a tentative settlement offer being presented to the court by the mediator in the NFL concussion lawsuits. On first review, there are some details that haven’t really been made available yet and this spin is also starting to look very familiar. Unfortunately, there’s a lot of speculation and misinformation out there already pouring out of the media and we’re just as guilty with trying to second-guess much of what’s been said. But we’ve had some conversations with many of the retired players and lawyers in an attempt to get more facts as well as to calm things down.
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Something that’s interesting to note: All the media – especially the mainstream sports media with the likes of ESPN which axed its ties to the League of Denial documentary with PBS – have been posting opinion pieces and misinformation about this settlement proposal. Most of the people directly involved with the litigation have informed us that they have very few details yet. The only party in this whole mess who have NOT said anything is… You guessed it. The League. Is this another typical NFL pit-everyone-against-each-other maneuver? Hmmm. And if you do want some real gossip, check out this piece on who may have been part of the negotiations: Click HERE.
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George Visger asked us to post his thoughts here online as part of a better strategy for everyone: The best answer is, “We don’t have all the facts yet. Let’s just wait and see.”
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             # # # # # # # # # # # # # # # # # # # #
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George VisgerI owe Jason Luckasevic a HUGE apology.
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JASON, I APOLOGIZE FOR MY COMMENTS I E-MAILED YESTERDAY.
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I will follow up by sending this to everyone I emailed my displeasure at the settlement to.
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Again, I apologize.
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I know you have been in this battle for the last 6 years. You told me years ago, prior to it even being filed, you were in it for the long run. I remember meeting with you and an attorney from a big bad firm that was involved in the settlement with Big Tobacco. You were looking to team with them as no law firm has the resources to take on the NFL conglomerate alone.
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After months of review, one law firm after another turned tail and ran. You called me that day to state, “George, we will get this done for all the families who have suffered. We’ll find lawyers with enough backbone and integrity to go after these NFL with us.”
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As soon as I heard the announcement Thursday of the NFL’s proposed settlement in the NFL head injury case, I fell for the NFL’s propaganda. When I read stories about the amount and payment schedule over 20 years, I was livid.
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“What is this garbage?” I thought. “$750 a month paid out over 20 years?!!”
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As I have a tendency to do, I jumped the gun. I fired off upset before I had any of the facts – other than the “facts” we were fed which were only partial truths. It may be more propaganda from the NFL as a last ditch, Hail Mary attempt to divide us once again. The truth of the matter is that  Jason Luckasevic and the other key attorneys involved still don’t know the details yet: Exact amounts, who gets what or how it will all be divided or the process of rejecting this proposal.
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You stated you need to make sure it’s even real money and you need more time to sort out the facts.
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I believe you and I hope all my NFL brothers I may have fired up (and some who got me fired up) will also do the same.
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Jason Luckasevic is the ONLY attorney who has been involved from the inception of this case when it was only a “potential” case. Others have joined the fray and may be making more noise than Jason but that’s been all right with him as it is with me.
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You did more than what you promised me years ago. You said, “I can’t promise you anything or even if we will ever get a suit out of this, but I promise you we will do everything in our power to get it done if there’s any possibility at all.”
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Thanks for keeping your word. And again I apologize for ever doubting your integrity.
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My family thanks you too.
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George Visger
San Francisco 49ers
1980 & 1981
Super Bowl XVI
Survivor of 9 NFL-Caused brain surgeries
Benefactor of ZERO NFL Benefits
The Visger Group
Traumatic Brain Injury Consulting
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I spoke to Jason and other parties involved in the suit this morning. Some of the terms have not even been worked out and when they do, we will all have a say in it. The final settlement must be approved by the players and attorneys. If we don’t like the settlement we don’t approve it. It’s that simple.
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PS: My actions and statements are classic examples of what those of us who suffer from Traumatic Brain Injuries and CTE face.

  • Poor Judgement
  • Lack of Impulse control
  • And Anger Management Issues

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While the conjecture and speculation about the NFL Concussion lawsuit is taking front stage to close this crazy week, Jason Luckasevic and Jason Shipp at Goldberg Persky & White still managed to file Opt Out forms for 564 retired players before the deadline on Friday. They filed those Opt Outs with the Minnesota court along with a full complaint requesting a jury trial in a district court in Pittsburgh. (We’re waiting for the hearing before Judge Brody on Tuesday, Sept. 3rd to get more factual details on the concussion litigation proposal that is still being discussed and negotiated so we can keep readers informed.)
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We’ve uploaded a copy of the full 114-page combined opt-out and complaint to Scribd for easy viewing and to make it available for downloading and printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Former NFL players sue league in Pittsburgh federal court

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beat a dead horse award
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Fellow Former Players:Larry Kaminski at Home
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I was flabbergasted at the announcement made yesterday regarding the settlement decision on the concussion suit. I have been working on a settlement for several years in a CA Workers Comp case that only recently came to a close. I was poked, prodded, analyzed and put under a microscope. The end results were “mental impairment caused by continuous trauma to the head.” The folio of information and exams is about 8 inches thick!
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I had already been denied NFL disability because I filed “too late” and was “too old” to qualify (!), plus their evaluation group said ‘NOT QUALIFIED.’ They basically said if I wasn’t happy with the decision, sue us.
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BREAKING: From the Associated Press and just released on FOX Sports:
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FOX Sports

NFL, players reach proposed $765M settlement of concussion-related lawsuits

Published August 29, 2013
Associated Press
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PHILADELPHIA – The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday.
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The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.
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Why?

28 August 2013

We’re quickly approaching the deadline for Opting Out of the NFL Films Settlement offer deadline this Friday and we can’t help but think about all the different “Whys?” that keep coming up in our Comments Section as more and more retired players continue to Opt Out. In past posts, we’ve often compared the NFL to that creepy little neighborhood kid who used to come over to your house to play Monopoly. He never liked to lose and he always cheated and made up his own rules as he went along.
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NFL monopoly
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Judge Judy Shake My HeadWell, it looks like retired players may finally be getting the NFL’s attention. When they start trying to censor the conversation, you know they’re getting worried. After years of simply denying and spinning out fiction with phony committees and lying “doctor” experts, the League started a new PR initiative to give the appearance of caring about their employees, the very ingredient that makes up the NFL Money Machine. You have new safety rules and even slick posters put up in all the team locker rooms. But absolutely nothing substantial has been done to address the consequences from decades of denial and ignoring the damage done to the lives of all the men from years past. . continue reading »

Nothing more we can add to this.
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Schutt Helmet Warning Label

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Roger Zero Fund

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Gregg B Surgery
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OK. Got your attention now? That guy with all the staples on the back of his head is… me. This picture was taken four years ago in 2009 after I finally came out of a 3-week coma. During that coma, I went in and out of consciousness but still remember nothing to this day. At one point, the doctors made a quick decision to operate which probably saved my life. Not many of my old football buddies know about this life-changing event in my life. But I’ve decided to tell everyone about it now for several reasons. Mostly, it’s because like some of the earlier posts have been saying, I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANY MORE! And whether you want to believe it or not, everything that happens in life is connected in one way or another. I hope that by telling my own story, I can convince more of you retired players that the Dryer vs NFL (Films) Settlement offer is a really bad deal in more ways than one and that each of you needs to get off the couch and at the very least, vote against it here on Dave’s Blog. And then either Opt Out yourself or hire a decent attorney to fill out the paperwork for you. If you end up not doing anything and losing your rights, that might not be the only thing you’ll end up losing.
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EDITOR’S NOTE: Is there a pattern here? As always, nothing ever really changes with the NFL (and the NFLPA by association). After years of propaganda and misinformation, the League announced that Dr. No Ira Casson and Dr. Yes Elliot Pellman would no longer be running the MTBI Committee (that’s the MILD Traumatic Brain Injury Committee – LoL!). Just like when he was first brought on board to replace Gene Upshaw in 2009, NFLPA Executive Director DeMaurice Smith announced that he was firing the Groom Law Group because it was a conflict of interest. (But according to their latest tax returns, it turns out the NFLPA still managed to pay Groom Law Group over $1 million in fees last year.) And just like the San Diego Chargers’ controversial Dr. DWI Chao lobbied on the NFL’s behalf to ensure that Junior Seau’s brain did NOT get into the hands of pathologist and CTE scientist Dr. Bennet Omalu. It seems clear that none of these people have any intention of real change – it’s all about how much less it costs to hire PR spin doctors to change public perceptions instead. We were debating which title would be more appropriate for this post: Different Day, Same Crap! or You Can’t Make This Stuff Up!
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So now comes this latest piece from Patrick Hruby that finds Dr. Yes Elliot Pellman still working deep inside the NFL. Re-posted from Sports on Earth with permission from Patrick.
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The Wrong Man For The Job

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