Concussion Collision

2 October 2013

1959 Three Stooges
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So the end of September has come and gone. No sign of any details on that incredible once-in-a-lifetime $765 million proposed settlement offer to retired players for concussion damages that was supposed to have been available by the end of September. More retired players have died in the meantime. But no worries: Maybe they’re waiting to watch the documentary and read the book. Next week on October 8th, PBS will air their entire two-hour documentary League of Denial on Frontline and the accompanying book from Mark Fainaru-Wada and Steve Fainaru will also be available online at Amazon: League of Denial: The NFL, Concussions and the Battle for Truth

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As with most lawsuits where there’s lots of money involved, a lot of coattail riding has gone on with the NFL concussion lawsuits and some have questioned why we’ve been so adamant in recommending Jason Luckasevic and his firm Goldberg Persky White (and his partners Girardi Keese and Russomanno & Borrello) to represent you. Jason was the original attorney who spent years of personal time in researching and pulling together all the details and partners necessary to finally file a solid lawsuit on behalf of his first clients. And if anyone tells you otherwise, you’ll be able to read four chapters in the Fainaru Brothers’ book dedicated to the behind-the-scenes stories leading up to the filing of those first lawsuits.
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You can also read the full accompanying article on ESPN – click HERE.
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NFL: Nonprofit Football League

26 September 2013


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Some mid-week reading as we go into the beginning of the season. Seems like the mainstream media can’t seem to stop picking on the poor NFL these days. More articles are coming out on the NFL’s nonprofit designation as well as the fact that they pay for as little as they possibly can when it comes to… well, just about everything. From refusal to accept responsibility in paying their retired players their earned disability and pension benefits to taxes to publicly-financed stadiums that the teams rent for peanuts while reaping all the rewards from ticket, food, parking and merchandise sales, the Nonprofit Football League manages to generate a $10 billion-a-year revenue stream that would make the Fortune 500 if it weren’t for their nonprofit status.

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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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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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latest-newsThe NFL’s $765 million concussion settlement offer was announced a little over 24 hours ago and the firestorm of coverage and analysis is the talk of the media already. We won’t be privy to seeing the actual Settlement Offer until after the hearing in Philadelphia in front of Judge Brody’s court on Tuesday, Sept. 3rd. In the meantime, we’ve compiled a short collection of some of the articles that bring up a lot of observations and opinions based on the initial details released with the announcement.
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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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EDITOR’S NOTE: In his usual detailed manner, Evan Weiner takes a very interesting look at ESPN and its long-standing business relationship with the NFL over the years and how it resulted in ESPN’s withdrawal from their partnership with PBS Frontline. The League of Denial documentary on football concussions is now front and center in the media – not exactly what they expected when they made that decision to pull out. Posted with the express consent of Evan Weiner:
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ESPN’s Football Faux Pas, NFL Concussions League of Denial
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By Evan Weiner
August 29, 2013
SportsTalkFlorida
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Goodell_WhaaaMake no mistake; the Walt Disney Company’s ESPN cable TV networks are not set up to be journalism bastions. There were two stories recently reported in the New York Times which clearly illustrated what ESPN is all about. Disney’s sports franchise pulled out of a partnership with PBS’s Frontline to produce a two-part series on head injuries suffered by NFL players. The New York Times reported that the National Football League pressured the very company that pays them billions of dollars to get out of the “League of Denial” presentation. The New York Times on Monday carried a piece on the paper’s front page about the ESPN partnership with the University of Louisville and how the company has been a critical component of the rise of the school’s football program.
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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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Empty walletWe’re coming up fast on one of the most important dates in our careers as former football players. On August 30th, our right to Opt Out of the NFL Films Settlement Offer expires. We posted a countdown clock in the upper right sidebar of my blog just to remind all our readers that it’s looming. If you do not Opt Out, the NFL may well end up completely owning the rights to your name, your image and playing footage forever. Even though actors and musicians get paid for their work on the radio or on TV and sold as CDs or DVDs, the NFL is trying to re-write the rules by saying retired football players are the only people who can’t be paid for their vital role in a product that continues to make a lot of money every day. . Even worse, the court has just announced that the hearing which was supposed to take place in September has now been pushed forward until October 14th. But the deadline for Opting Out and Objecting won’t be extended past the August 30 deadline. .

YOU MUST OPT OUT NOW! ONLY ONE WEEK LEFT!

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“In a time of universal deceit telling the truth is a revolutionary act.”

– George Orwell

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DecisionsAt the request of pre-1993 former NFL players, I have decided to write an opinion regarding certain matters pertaining to the settlement offer proposed in the pending lawsuit dealing with NFL Films. Based on the information provided through Dave Pear’s Blog, I have drafted the following opinion.
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There has been a recent Settlement offer by the NFL in litigation regarding NFL Films. The terms of the offer are supposed to satisfy a class of retired players who have exerted their right to take legal action on the issue of the infringement of their names, likenesses and images. The six original named plaintiffs have rejected the settlement offer. The class of plaintiffs they represented, however, has yet to decide whether the terms of the agreement are understandable and justifiable and whether there are any hidden, unacceptable implications lurking in the language of the agreement.
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This new video about Elliot Pellman – Dr. YES of the NFL’s former MILD Traumatic Brain Injury Committee with his counterpart Dr. NO Ira Casson – is part of the recent disclosure that he was also Paul Tagliabue’s personal physician. This is one more important piece of evidence in the case against the NFL in the concussion lawsuits.
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Read the entire article on ESPN by clicking HERE.
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NFL Déja Vu

30 July 2013

Einstein Quote

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I received my latest Retirement Plan notification today that the Bert Bell/Pete Rozelle NFL Player Retirement Plan was underfunded once again. All pension plans are required by federal law to inform its beneficiaries about such events or else most of us would never even know about these things going on in a $10 billion a year business. I guess that’s why they pay Roger Goodell $35 million+ a year while DeMaurice Smith managed to collect a $3 million bonus a couple of years ago for the fine job he did in negotiating the 10-year CBA.
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And here we are being told by the NFL and their lawyer buddies that their $50 million Settlement Offer in the Dryer vs NFL Films lawsuit is absolutely the best deal they can possibly make even though most – or none – of that money will ever reach retired players hands. They can’t even fund retirement players’ current pension and disability plans and now they want you to get nothing for your images and footage from your role in past games.
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Here’s the interesting thing: I had forgotten that we also got a similar notice last year in July! In other words, our pension plan has basically been underfunded since the CBA was signed over two years ago! We’ve uploaded both notices on Scribd for easy viewing on our Blog and to make it available for downloading and printing, especially to those of you who may not even be on their mailing list. 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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[yop_poll id="2"]
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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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Money-Flying-Out-WindowThe NFLPA just filed their 2013 LM-2 yesterday with the Dept. of Labor as required of all labor unions and associations. This year, it’s a whopping 549 pages long with plenty of disclosure including salaries, payouts and expenses. We’re just starting to look over all the information loaded in this year’s filing and we’ll post more details shortly as we come across interesting details (we encourage all our readers to send us anything you come across or simply post it in the Comments section below).
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A couple of items of interest:
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p. 555 - Marco Island Marriott Resort & Golf Club was paid $354,796 for the NFLPA’s April and June meetings in 2012.
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p. 544 - Kerzner International Resorts in Plantation FL was paid a total of $1,221,137 for a total of FOUR “2013 NFLPA Board Meetings”! (Wha?!!)
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p. 264 - The Groom Law Group (who were supposed to be fired by DeMaurice Smith when he took over as NFLPA Executive Director) and also runs and represents not only the Bert Bell/Pete Rozelle NFL Players Retirement Plan but also the NFL walked away with $652,045 in fees this year.
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p. 55 - Nike paid $11,772,308 in licensing fees.
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p. 45 - Attorney Jeffrey Kessler had a $12,846 transaction for Super Bowl tickets and rooms.
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Meanwhile, Kessler’s new firm Winston Strawn was paid (his old firm, Dewey LaBoeuf filed for bankruptcy last year):

  • p. 82 - $3,932,388
  • p. 538 - $124,592
  • p. 538 - $46,879

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p. 20 - Nolan Harrison III received $226,055 as Senior Director of Former Players.
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p. 18 - Andre Collins only received $169,253 as Director of Former Players.
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