Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Saturday, 19 May 2011 . BY EVAN WEINER NEWJERSEYNEWSROOM.COM COMMENTARY In 1905, United States President Theodore Roosevelt used the power of the bully pulpit by ordering the Presidents of Harvard, Yale and Princeton to the Oval Office so that the heads of the three schools would work together to clean up the game of football. There was some thought that President Roosevelt could actually ban the game although history suggests that Roosevelt liked football but was aware that new rules needed to be imposed to make football safe. . In 1905, eighteen players died from injuries that were suffered on the field while another 149 were reported to have serious injuries. Roosevelt’s pressure produced a number of changes including the introduction of the forward pass, the distance to be gained for a first down increased from five to ten yards and all mass formations and gang tackling were banned. . Roosevelt’s Oval Office meeting would eventually led to the formation of the National Collegiate Athletic Association and college football would grow in popularity with significant attention being paid to the college game coming in the 1920s. . The game of football is again being scrutinized but neither the President of the United States not Congress is leading the charge. Instead more than a thousand former players are suing the National Football League claiming the league didn’t inform them of the risks of playing football and that they have suffered life altering injuries because of their service to the game. . In some quarters the football industry looks to be under siege but it is hard to see how that is the case. Municipalities are still throwing money into building football facilities with the latest set of politicians being in St. Paul, Minnesota where the legislature and Governor Mark Dayton are willing to give the NFL’s Minnesota Vikings franchise at least a half a billion in taxpayers’ dollars to build a new stadium for the team. Cable TV networks are willing to fork over big dollars for college football and the public likes football. But there are some warning signs out there. . “I think it is wrong to characterize it as under siege,” said Steve Hatchell, the President and CEO of the National Football Foundation. “The game has always been under siege. The whole aspect that we are talking about is that there are not hundreds but thousands of kids that are playing football that go on to have unbelievable lives of leadership, great productivity and do great things in our society. . “The problem is that nobody really wants to listen to that. So it was as you talk about guys who played the game, guys who have been in the pros who do not have head injuries. That’s a whole separate story that needs to be addressed and needs to be juxtaposed to what you would call are the issues. . “The issues themselves like concussions need to be addressed and it is being addressed. There are a lot of very fine people looking at that. Is it concussions, is it depression. Are there other aspects of this thing that require a great study? . “So I think that there are a lot of ways to look at this that are far greater in their expanse than what is being looked at right now. The game has never been hotter, it has never been more than it has been accepted right now and there has never been a time where there are fantastic people playing the game who want to do great things in life. . “We work hard to try to get that story out there, it’s just that nobody wants to listen to that.” . In 1905, Harvard President Charles Eliot, who was no friend of Roosevelt, led the charge to ban football. . One hundred seven years later, no one is calling for a ban on football but some people like former Dallas Cowboys quarterback Troy Aikman question how viable football might be in 20 years. But football’s vitality was questioned in 1905 as well. . “It is not the same,” said Hatchell of the public debate in 1905 and the stories that are now coming out on the safety of the game from former players who were on the field in the 1950s, 1960s, 1970s, 1980s, 1990s, and in the 21st century. “I think it is easy to draw it back into 1904 and say you got those issues. I think you can come up with a lot of statistics. There is football being played in a very intensive way all around the country, not just in the Ivy League where President Roosevelt had that concern. There were also other issues. Some of those kids who were in school at that time weren’t really in school or if there were there, there were basically as professional people. . “It’s one of the reasons that the NCAA rule book is as big as it is. It is because of the rules that were violated or things that weren’t been done by Ivy League schools back in the early 1900s. I think now we are better equipped to take on the issues. I think we are better equipped to examine them than ever before. We will in a negative society where things are wrong and then you got to prove it backwards. We don’t tilt at that. We don’t think it is anywhere near where it was in 1904. There is better coverage on it right now of everything that goes on than what was ever before. So the negative find a good voice where the positives don’t find a voice at all. So I don’t think it is a fair comparison to go back to that span of time because it was very different and it is very different right now. . “But the game now isn’t like it was then. We put a guy in the (College Football) Hall of Fame (William Lewis) from the late 1800s from Harvard who had already played at several different schools. He created the neutral zone. There were things like neutral zones or – this was a different kind of a game – it was very, very violent. The game is violent now and it has always been violent. . “You don’t have to play the game of football if you don’t want to play it. Our whole point is, if you are going to examine the people who are playing the game who have the problems now, you also have to examine the guys who are playing the games now or in the past that didn’t have any issues. You got to have balance and there isn’t that balance out there right now.” . So far, only former NFL players are threatening football’s structure and they are a fraction of the number of players who have been on the football field since the first college game between Princeton and Rutgers in 1869. On the horizon though is the potential for an onslaught of lawsuits from former players who performed on just the high school level or on the high school and college level. There is no question that public education in the United States is under attack from various interest groups and that school budgets have been slashed with music and the arts being eliminated. It could be that an expensive sport like football or hockey may face severe cuts because of higher insurance premiums and the fear of catastrophic injuries. Around the country, high school football is king but will it remain that way? . “Oh sure, I think you have to look at all of those,” said Hatchell talking about the future of high school football in the United States. “But there have already made that decision in a lot of places to do away with band, anything that happens to be after school, not just football. Football is an easy one to target because there are a lot of expenses involved and you make up the rule that it is too dangerous or you are not getting the right coaching. It’s pretty convenient as opposed to how do how do you make it really work? . “We (Hatchell) live in the state of Texas and high school football is not dropping off in the state of Texas. It has never been bigger. It has never been more significant than it is before. I think to say expenses are the way or the reasons to do away with things is wrong. Money is incredibly tight but we are talking about education and the other half of education that the High School Federation talks about. You got what you are doing in school and what you are doing after school and I think we need to have both in this society and I think they both have to be promoted. There are ways to get that done and we (the National football Foundation) work carefully with a lot of school districts around the country that try to keep football alive and well. It takes a lot of work. . “Football is still awfully strong whether you are in Seattle or Washington or New Jersey football is pretty good football right now. I think there are great outposts of it around the country. Our whole point is this: Yes, let’s highlight what is negative and what needs to be repaired but on the other hand let’s highlight as well with the same passion, the good things that are happening in the game and the benefits that the kids have about going to colleges and doing a lot of other things. I think we can take advantage of that.” . Football is a collision sport and not a contact sport. But that may not be the underlying problem for the future of football. . “I think the bigger threat isn’t cost or injuries or anything to football,” said Hatchell. “I think it is the varied interests that kids have today. One of the burgeoning sports in the state of Texas today is lacrosse. Now it is a very big sport in the state of Texas. I think because of coverage and the coaching, there are a whole lot of other sports that are going to be emphasized greatly, the kids are going to have, they will not be limited to three of sports like when we were growing up. I think in 20 years (if football’s popularity wanes) it would be due to a general lack of interest as opposed to anything that has to be with injuries and other things. I think interests change and people move on.” . .
On Sunday, the Denver Post published an article and interview I did last week with sports journalist, Terry Frei. Over the course of our conversation which mostly covered the issues of injuries and concussions and the subsequent consequences of the League’s general attitude of denial at all levels. (A link to that article is at the bottom of this post.) At one point in our conversation, I told Terry, “The concussion issue, if not handled right, has the potential to end football.” (My emphasis.) What I did NOT say was that the concussion issue would end football. No sooner than Terry’s article was posted, then the other media and bloggers immediately re-wrote the story and started to misquote me. The worst misquote? NFL.com with this headline: Ex-player Dave Pear says concussion issue could end NFL. Not really what I said at all. . Most of our readers know that my long battle has always been about legal and open access to OUR earned pension and disability benefits. And any resolution on concussions will need to address three separate groups of players: Past, Present and Future. (By the way, you might remember that this slogan used to be on all our NFLPA membership cards.) Each of the retired players who played will need to have direct access to their benefits that should include testing and treatments from their football-related concussions and brain damage, as well as access to assisted care and monitoring in later years. There is no doubt that most of the earlier players from the 50′s and 60′s were not given the safest equipment during their playing careers. It was even more about the money back then than it is today – just ask the men who played on the original hard surfaces of Astro Turf about the toll it took on their bodies and their heads. All for the savings the owners made from not having to maintain real turf. And they went on strike in the late 50′s and early 60′s not for more money but to make the owners pay for their uniforms and equipment. . For the present-day players, the addition of independent neurologists on the sidelines certainly helps, along with better-defined rules to ensure that concussed players don’t return to the game unless cleared by experts (no more Dr. No’s). Many of the new rules are a good step in the right direction. Newer treatments such as hyperbaric oxygen therapy (HBOT) are being shown to shorten recovery while helping with healing to the damage that concussions leave behind. Even if owners are more concerned about profits, the ROI on getting a million-dollar-a-year asset back on the field in half the normal time makes pure business sense. And while the League is at it, a great PR move would be to allow retired players free access to these hyperbaric chambers when they’re not being used by the team. . For future players, any improvements in the rules and knowledge gained from players past and present can only serve to provide them with a much safer game while still preserving the game of football as we know and love it. But if we’re going to save football, players from the past, present and future will need to work together in order to help protect each other first. Current and future players owe the retired players a priceless debt for the sacrifices they paid with their bodies and brains – as well as the long years of denial – to get to this point where there is finally a serious discussion on something that affects us all. The players of the future will surely also benefit from the way the game is shaped for today’s players. . .
Ex-NFL player Dave Pear seeks to change league policy on concussions
We just received another note from retired player and attorney Bob Stein with more clarification on the Legacy Fund Benefits. Many of you will already be familiar with Bob as one of the lead attorneys for the Dryer vs. NFL (Films) lawsuit. Dave also received a memo from Joe Browne out of the NFL offices that contains an interesting note about your Legacy Fund benefits as well as a proposal for widows that has apparently been on the table awaiting an answer from… yes – you guessed it: Your Union. Please call or write your Union to let them know they need to get off their collective butts and DO THE RIGHT THING! Pay the widows NOW! . We’ll start off with Bob Stein’s notes: . May 8, 2012 . To: Fellow Retired NFL Players From: Bob Stein RE: Legacy Benefit .
Men, . I spoke to the NFL Player Benefits (“Plan”) office yesterday and got what I think is some clarity on two more issues regarding the Legacy Benefit which have many retired players confused. I am passing the conversation notees along in hopes of helping. . Bob Stein . LEGACY BENEFIT INFORMATION . While I cannot provide legal advice on this matter, I would like to pass along the information I received by telephone on May 7, 2012 from the NFL Player Benefits Office for other retired players waiting for Legacy Benefit payments or wondering about their status. . 1. Players currently receiving NFL Disability payments – I was told these players would receive only THE GREATER OF: . a) the amount of monthly disability payment they currently receive; OR . b) the total of monthly pension payment they would now qualify for based on years of service, etc. plus the monthly Legacy Benefit they would qualify for under the 2011 CBA. . They made it clear you only receive whichever monthly amount is greater. So players whose current disability payment is greater than the total of (b) would receive NO additional payment from the Legacy Benefit in the new CBA. . 2. Players who assigned all or part of their pension benefits to an ex-spouse in their divorce: . I was told each of these situations would be reviewed individually by Plan attorneys and actuaries to see what payment rights that individual player’s divorce decree language assigned to his ex-spouse. Since the language on what divorce obligations are continuing can be different for every decree, based on what was agreed to or awarded by the court, the Plan advisors must go through them individually to see what should go to each ex-spouse and each player. . I hope this information helps clarify some remaining Legacy Benefit issues. The number of the NFL Player Benefits Office is (800) 638-3186. . And some of what was relayed to retirees from the NFL Offices today: .
Dear Retired Player: . The following items may interest you: . 1. Attached is a four-page summary of the recent record-based study by the National Institute for Occupational Safety and Health (NIOSH) of all retirees who played in the NFL for at least five seasons from 1959 through 1988. We previewed this study in the most recent NFL RETIRED PLAYER NEWS that was emailed to you on April 24. NIOSH also sent via regular mail a copy of this same information to the 3,439 players whose records were used for the study. . 2. More than 250 retirees who had been waiting to hear from the Pension Benefit office in Baltimore regarding their Legacy payments were mailed information on their individual cases in recent weeks. One of the last group of retirees to receive information will be those players who have QDROs and also receive Disability Benefits. Also, the 320 widows and other beneficiaries of vested pre-93 players who died prior to the 2011 CBA being signed still are awaiting word from the NFLPA regarding those Legacy benefits. The league is on record as stating it will pay 51% of the costs for the widows benefit if the NFLPA pays the balance. . 3. The NFL Alumni Association announced over this past weekend at a Board meeting in Arizona the resignation of Executive Director George Martin, who had served in that post since October, 2009. Ex-Giants quarterback Joe Pisarcik, who serves as the non-salaried President of the Alumni Association, also will act as interim Executive Director until a full time successor is named. . Incidentally, the Association’s annual Super Bowl of Golf, which matches winning teams from all local Alumni chapters, was held in conjunction with the Board meeting and was won by a team led by ex-Bears quarterback Jim McMahon. Congratulations. . 4. All of us in the NFL family mourn the death of NFL great Junior Seau last week. There will be a private memorial service and burial this Friday, May 11 in Oceanside, California followed by a public memorial that same night at QualComm Stadium, the home of the Chargers and site for many of Junior’s on-the field heroics. . Joe Browne . Senior Advisor to the Commissionercontinue reading »
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here. . We also want to ask Commissioner Goodell if he plans to hold George Martin and Ron George to the same high standard of full accountability that he imposed on the New Orleans Saints players during his bounty investigation? In the real game of life, there is no room for double standards, Mr. Commissioner. But in real life, it’s not going to be game suspensions. People’s lives have been totally disrupted or even destroyed as a consequence of George Martin’s actions – or inactions. Spending money like a drunken sailor – particularly when it’s not yours to spend – is a recipe for disaster. We wonder if brain damage is now going to be the excuse? . Here’s the story from A.J. Perez FOX Sports: .
Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Wednesday, 2 May 2011 .
BY EVAN WEINER
NEWJERSEYNEWSROOM.COM COMMENTARY . I didn’t know Junior Seau although I met him on the day he was drafted into the National Football League in 1990 and probably interviewed him after a football game a few times more. From all accounts, he was a fearsome presence on the football field; a killer who at times could control a game defensively. .
But Junior Seau didn’t live to be a ripe old age and until an autopsy is performed and a police investigation is complete, there is no need to speculate about the circumstances surrounding Seau’s death other than he was found dead of a shotgun wound on the morning of May 2, 2012 about 22 years after the San Diego Chargers football team called his name at the annual National Football League event. .
The gun wound should strike a nerve among former players. It seems that is becoming a way of life and death among NFL alum suffering from life altering injuries that probably came from years and years of absorbing hits on the football field. People do hear about former NFL players but there seems to be no tracking of high school and college players who years after their football careers ended killed themselves. . continue reading »
Thanks to our friend, Jennifer Thibeaux, we have a great collection of photographs from our well-attended Second Annual Independent Football Veterans Conference held April 20 – 22 2012 at The South Point Resort in Las Vegas. Videos and PowerPoints to follow shortly! .
Here’s the slideshow from flickr (there’s an enlarge button in the lower right hand corner of the slideshow screen if you want to view our slideshow fullscreen; just hit ESC to close fullscreen mode): .
Our Second Annual Independent Football Veterans Conference is now streaming live on uStream. Be sure to type in your comments and questions when the floor is opened for discussion after the panelists finish their short intros.
First of all, we want to thank every one of our readers for their patience. We’ve been intentionally quiet in holding back until the last minute to announce more about our Second Annual Independent Football Veterans Conference coming up this weekend in Las Vegas. A lot of our readers have been checking in and many of you (friends and others) have been anxiously looking for more details on our panel discussion topics. .
As many of you already know, this year we’ve decided to use discussion panels to cover a wider range of topics that are most important to retired football players. While individual speakers have been informative, as these topics become more complex and wider-ranging, the retired player community needs even more timely and detailed information from as many expert sources as possible. We’ve done our best using this blog to convey the latest information on everything that’s important to each of you. Now we’re going to kick it up another notch or two again. Last year, we hosted our First Conference and all of the proceedings were videotaped and made available online. This year, we’re going to create a studio-like setting with panels to discuss all those topics you want to hear about and to take questions from our audience at large. Each topic will be broadcast like a television talk show and after our Conference, we’ll professionally edit them down for online viewing as well. .
Lawsuits! We have too many to keep track of this year. From the original Eller and Gault lawsuits filed against the League and the NFLPA during the lockout to all those concussion lawsuits to the lawsuits filed against the NFL and NFL Films. We’ll have several shows to address the latest information and details that so many of you want to know. Confused about all those concussion lawsuits you’ve been hearing about almost daily? Sick and tired of the ‘Join me, Join me’ groups all wanting you to sign up with them? Wondering who you should really sign with and why? We’re going to hear from the top firms leading the charge and from some of the retired players on why they chose the firms they did. And maybe why you might want to re-consider who you’ve signed with! .
Concussions! We’ll have Dr. Kristen Willeumier from the Amen Clinics to tell you all about their most recent studies on concussions as well as some of their latest findings and ways to help your improve brain. And we’ll also have the top specialists with hyperbaric oxygen therapy (HBOT) to tell you about their latest studies and their lobbying efforts to bring this life-changing therapy into the mainstream. You’ll even be able to see one of the units that many of the current players have bought for their personal use. .
And while we’re at it, we’re going to have a show on the culture of football, from college through to the professional Leagues. With the NFL still doing damage-control from Bountygate, who better to have talk about it than documentary maker Sean Pamphilon? Sean will be joined by attorneys who are currently involved with suing Electronic Arts on behalf of NCAA athletes who have never been paid for the use of their images and statistics in Electronic Arts video games in past years. Does that sound familiar? And they’re still doing it today to retired players! .
And while we’re on the topic of not getting paid for playing football, you’ll also be getting an update on the NFL Films lawsuit. The Beatles get paid every time their songs get played on the radio or for every CD sold or for a download of their songs. Authors get paid for every copy of a book they sell. You pay for your movies when you watch them on HBO. And we all pay extra to the cable and satellite companies for all those sports channels that many of us don’t even watch. So why are retired football players the only guys who don’t get paid every time the NFL and NFL Films sells a classic DVD of one of your old games? At $30 – $50 a pop, there’s plenty of money to go around – where’s it all going? .
How about all the latest on Workers’ Compensation? It looks like the NFL is now trying some nasty new tricks to cut retired players off from receiving their earned Workers’ Comp claims now as well. Hear all about your rights and what you can do about getting your case reviewed and filed in our special show about Workers Comp from some of the people with the most successful rates. .
And how about that Legacy Fund that was supposedly negotiated by a Union that was de-certified last year? And then re-certified with retired players’ new benefits mysteriously negotiated and finalized as part of the new CBA? And did you know that there were $100′s of millions more that was also supposed to have offered by the League directly to retirees? Seems it was already “redistributed” by your friendly Union. All while saying nothing about standing up for widows who will receive absolutely no increases from the Legacy Fund. Never mind that many of you haven’t even received your “new” benefits yet long after the CBA was signed, Roger Goodell got his new $10 – $20 million contract, De Smith got his bonus and a new contract and… football season is now over! And NO Legacy Checks yet! We’ll have show to discuss that as well as to answer your questions on your rights under federal law for pensions and disability benefits. We’ll even have people who heard it directly from Commissioner Goodell about that “other” benefit money the owners offered during the final negotiations. .
Like they say, “STAY TUNED!” Here’s comes IFV-TV for retired football players! Broadcasting monthly soon! . EDITOR’S NOTE: Our attendees will make up the small studio audience joined by our larger audience online. For those of you able to sign up and attend, we’ll also be hosting a movie night on Friday night with a cash bar and a sponsored dinner for each of our attendees and panelists on Saturday evening. For those of you arriving on Thursday afternoon, watch for an announcement on where our Thursday evening mixer, meet-and-greet will be held in the South Point. . . .
With so many areas to cover this year at our Second Annual Independent Football Veterans Conference, we’ve adopted a broadcast format and assembled discussion panels with audience participation instead of individual speakers for the most part. Each panel will be broadcast as a separate topic covering the most important issues and questions retired players want to know. . Each panelist will be given an opportunity to talk approximately 5 – 10 minutes about their particular areas of expertise and interest after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers,clickHERE. We’ll be posting our Panelists’ Bios shortly. . All retired players welcome to participate in this live event but be sure to register for your entry pass today -clickHERE – and book you flight and room(s) at the South Point as soon as possible! The Conference is open to all retired football players by simply registering to attend. Media and other guests are limited and by invitation only –clickHEREto contact us. .
Each panelist will be given an opportunity to talk for approximately 5 – 10 minutes about their particular areas of expertise and interest, after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, clickHERE. We’ll be posting our Panelists’ Bios shortly. .
From Top Business Degrees: A numbers analysis of professional sports. Of course, football tops the list and generates nearly as much as MLB AND NBA combined. And as most of us already know – especially after BountyGate exposed the tip of the iceberg – gambling makes up the largest piece of the big picture.Just one more topic to discuss at our upcoming Conference in Las Vegas April 20 – 22 – click HERE to register. .
As big a deal as the League and Commissioner Goodell made of the Saints’ bounty program, you’d think it was something that no one ever knew about over the years and years that it’s been going on at all levels of the game. This story’s been in the headlines for the past couple of week and Roger Goodell finally issued his ruling earlier this week. It didn’t take long for new stories to come out that covered the underside of the story. Here are two of those headlines from FOX Sports’ Alex Marvez and A.J. Perez. . We’ll be discussing these along with many other legal and medical issues that affect retired players at our upcoming Conference April 20 – 22 in Las Vegas. Be sure to register HERE and book your rooms and flight.
If you haven’t signed up to attend our Second Annual Independent Football Veterans Conference this April 20 – 22 in Las Vegas, you may want to book your plane tickets and rooms this week while the rates are still low. Sign up for our Conference and reserve your room by clicking HERE. This year, we’ll be be using a different format to allow us to present more information and answer more questions that retired players have been asking: . What’s the latest news on the lawsuit against the NFLPA? When the NFLPA decertified just after the lockout this summer, legally and technically they had no right to represent current or retired players. Yet magically, the Legacy Fund and other benefits suddenly appeared in the weeks immediately following the ratification of the new CBA and recertification of the NFLPA. All with virtually no input or vote from the majority of retired players. We’ll have representatives from some of the law firms there to discuss what has happened so far. . Why is it that every time a song or a film gets played or sold, a musician, an actor or a composer gets paid a royalty? So why aren’t retired football players paid anything whenever they’re in a video game or on a DVD? . What are some of the more recent discoveries in concussions and traumatic brain injuries? Is there anything I can do to slow down or improve my mind and my memory? . And what about concussions? Most of us suffered from countless concussions over our careers. Our coaches and managers taught us to call them ‘zingers’ and sent us back into the game as quickly as possible. And what about the long-term effects? If the League and the owners denied most of us any disability benefits from the effects of concussions, yet in creating the 88 Plan, they finally acknowledged those long-term effects only after it’s taken its final toll from our families both financially and emotionally. . There are so many lawsuits currently fighting for every player’s attention, hear all the important issues and present your questions to the panel on concussions and equipment. We’ll be covering concussions and equipment on both days of the Conference: On Friday, our law panels will be discussing the legal aspects and what’s being done today as well as reviewing future action. On Saturday, our medical and neurological panels will be addressing topics ranging from how to detect and recognize the symptoms of a brain injury to questions such as just how effective have helmets been in protecting players from concussions? . And how about the Legacy Fund? Some of you are only finally receiving your retroactive checks while many others are still waiting for return calls from the benefits office in Baltimore. And why were the widows overlooked for the increase? . Why are more players winning their Social Security Disability and California Workers Compensation cases than those reaching favorable Disability and Pension verdicts with their own Plan? And just how legal is the Plan itself and the way it’s been managed? And just who do those people who run the Plan work for anyway? A panel of Disability and Workers Compensation attorneys will be there to discuss the latest cases and answer your questions. . If the NFL gets to pick the best of the best out of all the college football teams, then what responsibilities should they – and the universities who benefit from their lucrative football programs – bear when those players sustain life-changing injuries? For many of these college players, the football scholarship is just that: A scholarship based on their abilities as an athlete. Attorney Steve Berman’s firm has filed a lawsuit against the NCAA on behalf of college athletes and will be sitting on a panel that will prove to be very informative. . What new findings have come out of hyperbaric oxygen treatments and how will these new studies advance the general use of HBOT treatments not only for football players but also for our returning veterans and for everyone else who has ever had a concussion? Hear what some of the foremost experts in the field have to say about how much more quickly hyperbaric treatments are becoming accepted as one of the most cost-effective ways to treat concussions and brain injuries. . And The Amen Clinic will also be back to present results of three new brain studies they’ve completed over the past year. . I’m so excited about this year’s Conference that I know I’ve gone over the Top 10 Questions we all want to ask! The full list of our panelists’ biographies will be posting up this week. Stay tuned! . So be sure to sign up for our Conference and reserve your room by clicking HERE! .
EDITOR’S NOTE:Some of you may remember Andrew Stewart’s long battle to access his earned Disability Benefits from the Bert Bell/Pete Rozelle Plan. He ended up taking them to court. You can read the earlier posts by clickingHERE, HERE, HEREandHERE. All from 2010! .
Hi Dave, .
Here is an update along with some shocking comments from my court case with the NFLPA in Federal Court. .
After many years and delays, we finally reached our court date which was last Monday. My lawyer was there and the Plan sent several lawyers AND their secretaries. .
Their whole argument was not that they were right but that they are and should be afforded discretion under the law. They stated before the judge that Dr. Bach was on “Their Team” and the judge questioned whether they really wanted to say that. Even though Dr. Bach had never examined me, never treated me and didn’t even bother to see any of the X-rays of my injuries, he still decided that in his medical opinion, “It was not even close” as to whether I was disabled or not held more weight than any detailed medical evaluation that their neutral examining doctor could give. . “Not even close.” Would you trust your doctor if he chose to only write that as his evaluation to any illness or injury you personally suffered? They also stated that they basically did me a favour by putting me on the lower amount and that I should grateful. (!) .
Doug Ell, the lawyer for the Plan, stated in court that one of the reasons they couldn’t pay every player the higher amount was that the Plan has to watch its bottom line since they have to make sure there’s enough money for players such as Brett Favre. It is important to state that during testimony, it was also disclosed that the Plan currently has over a billion dollars in assets. So apparently, we’re valued differently by the NFL: Not for your vested seasons or your injuries but maybe by how many more jerseys you can sell and your commercial appeal! .
In the end, the judge decided that he wanted briefs filed by the end of March and he would then rule. . Although the NFLPA’s lawyers felt that this judge is not what they call “a plan-friendly judge” as they have stated to my lawyer, I feel that the judge is very fair and is taking this case very seriously because there are just too many instances where they are not following their own rules as laid out by the Plan and – depending on the case – they’re prepared to change them accordingly. .
Sincerely,
Andrew Stewart . . . ADDENDUM FROM IRV MUCHNICK MARCH 7th:
To My Fellow Retired Players, . There are so many law firms who recently have filed concussion lawsuits since my attorneys originally filed the first two lawsuits EVER on concussions. I am glad to see that others have joined this litigation to hold the NFL accountable for hiding the long term risks of brain injury from all of us. . In my opinion, if you have cognitive problems, you should join one of these lawsuits. . The unique thing about the lawsuits being filed by my attorneys is that they ALSO sue Riddell and NFL Properties. This is something others have chosen not to do so far. I’ve also signed with Hausfeld LLP in their lawsuit against the NFLPA. . In the end, let’s hope all these attorneys will unite and work together for the many debilitated retirees and are successful for each of us in the end. And I truly hope that we will also collect from Riddell for their part on the concussion epidemic. . For more information, you’re welcome to contact my attorney, Jason Luckasevic, at (412) 338-9460 or (412) 400-6570 or e-mail him at jluckasevic@gpwlaw.com . Regards, Dave & Heidi Pear . We also received this word of caution from Jim Mitchell at Hausfeld LLP regarding the growing number of law firms and the various claims of being lead attorneys. This is advice well worth following: .
Dear Retired Players: . In order to clear up some misinformation that is currently being circulated within the retired players community about the concussion suits, please be advised that if you have signed onto a concussion suit with one firm, it is important not to sign up with a second firm. All of the personal injury concussion suits will be consolidated in the Eastern District of Pennsylvania and a leadership structure for all the cases will be established by the Court. If any law firm is advising you that they are the “lead” firm in the concussion matter, please be advised that this is untrue. NO single law firm has been granted leadership of the concussion matters despite rumors to the contrary. To date, 29 different concussion suits have been filed. A leadership structure is currently being negotiated by numerous firms and will likely result in a joint leadership role for many of the firms involved. . Hausfeld continues to press ahead with its own personal injury concussion case (Boyd v. NFL) which was filed on behalf of over 100 former players. . Hausfeld will be amending its concussion complaint in the next week or so and will add any and all former players who have not yet signed onto a case. . If you have any questions or would like to know if you have previously signed onto a concussion suit, please call me at (202) 540-7148 to discuss. Hausfeld maintains a master list of ALL former players who have signed onto a concussion case, whether it is with Hausfeld or another law firm. . Thank you. Jim Mitchell Hausfeld, LLP .
To all retired players: . On Wednesday, February 15, 2012 at 1:30 p.m. your case will be argued against the NFLPA in front of Judge Susan Nelson in St. Paul, Minnesota. The NFLPA filed a Motion to Dismiss and this hearing will be to determine if your case is dismissed. . If you will recall, in September and October of 2011, 47 former NFL players, including 27 Hall of Famers (26 of whom who are listed in the NFL’s official encyclopedia as 300 of the greatest players in NFL history), representing every decade in pro football since the 1940′s, filed a class action lawsuit against the NFLPA. The class representatives represent virtually every position in football, and every category of NFL player – including vested, non-vested, Hall of Famers, forgotten players, and legends of the game. The lawsuit was filed on behalf of all former NFL players and seeks to increase the retirement benefits of all players – vested and non-vested . The NFLPA is asking that your case be dismissed against them. We will argue that your case deserves to be heard by a jury. . It would be great if the Judge could see a courtroom of retired players who are all in support of having your case get heard by a jury. So if you are available to make it to Minnesota to attend the hearing, I ask that you mark it on your schedule and come show your support for your case. It is particularly important that you attend if you live locally. . The address is below. Please let me know if you plan to attend. Thanks. . Best regards, Shawn D. Stuckey, Esq. (former NFL player – New England Patriots, Minnesota Vikings, Tampa Bay Buccaneers) Wednesday, February 15, 2012 at 1:30 p.m. Courtroom 7B United States District Court 774 Federal Building 316 North Robert Street St. Paul, MN 55106 . (Eller/Bednarik et. al, v. NFLPA and Gault/McElhenney et. al, v. NFLPA) Case No. 11-CV-2623 SRN/JJG (D. Minn.) .
In 1905, United States President Theodore Roosevelt used the power of the bully pulpit by ordering the Presidents of Harvard, Yale and Princeton to the Oval Office so that the heads of the three schools would work together to clean up the game of football. There was some thought that President Roosevelt could actually ban the game although history suggests that Roosevelt liked football but was aware that new rules needed to be imposed to make football safe.
May 8, 2012
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here.
As big a deal as the League and Commissioner Goodell made of the Saints’ bounty program, you’d think it was something that no one ever knew about over the years and years that it’s been going on at all levels of the game. This story’s been in the headlines for the past couple of week and Roger Goodell finally issued his ruling earlier this week. It didn’t take long for new stories to come out that covered the underside of the story. Here are two of those headlines from FOX Sports’ Alex Marvez and A.J. Perez.
Although the NFLPA’s lawyers felt that this judge is not what they call “a plan-friendly judge” as they have stated to my lawyer, I feel that the judge is very fair and is taking this case very seriously because there are just too many instances where they are not following their own rules as laid out by the Plan and – depending on the case – they’re prepared to change them accordingly.
To all retired players: