Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Tuesday, 15 May 2011 . BY EVAN WEINER NEWJERSEYNEWSROOM.COM COMMENTARY .
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
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: .
DANIEL G. AMEN, MD RESPONDS TO JUNIOR SEAU SUICIDE . “These players need to know there IS help for them!” .
NEWPORT BEACH, Calif. (May 3, 2012) — While Junior Seau’s apparent suicide breaks the hearts of football fans nationwide, Daniel G. Amen, MD pleads with other football players and athletes that “there’s help from chronic traumatic brain injuries, depression, irritability and memory problems they suffer.” .
Dr. Amen, founder and CEO of Amen Clinics, Inc., and two-time Board Certified psychiatrist has conducted three clinical studies with 115 active and former players from the National Football League. Each study shows that it’s not only possible, it’s likely, that with a brain-directed health protocol, significant improvement can been experienced in decision making, reasoning, depression, mood and memory. .
“Junior Seau was a legend. But even legends cannot escape the ravages of chronic brain damage,” said Dr. Amen, who is the lead researcher on three published studies on NFL players and brain damage. He is also a leading researcher on a brain imaging study called SPECT (single photon emission computed tomography) and has looked at over 73,000 scans. .
“My message to the football community is that players need to get their brains examined before they play and after they stop and at any time they get a concussion. I often say how do you know unless you look.” .
Dr. Amen began studying the effects of football on brain health in 1999 when Brent Boyd, a former NFL player came to the Amen Clinics. After Anthony Davis came to the clinic in 2007 his work with active and former NFL players took off. He has partnered with the Los Angeles Chapter of the Retired NFL Players Association to performed the world’s largest brain imaging/brain rehabilitation study. .
“Our studies found significant evidence that, fortunately, there are treatment protocols that can often reverse many of the symptoms caused by brain damage and improve brain function.” The studies include: .
1. Effects of Elevated Body Mass in Professional American Football Players on rCBF and Cognitive Function, Transl Psychiatry (2012) 2, eK, doi:10.1038/tp.2011.67 .
2. Impact of Playing Professional American Football on Long Term Brain Function. Journal of Neuropsychiatry and Clinical Neurosciences, J Neuropsychiatry Clin Neurosci 23:1, Winter 2011, 98-106. .
3. Reversing Brain Damage in Former NFL Players: Implications for TBI and Substance Abuse Rehabilitation. Journal of Psychoactive Drugs, 43 (1), 2011 Online publication date: 08 April 2011 .
“Junior may have damaged his pre-frontal cortex which is responsible for decision making,” Dr. Amen said, also noting that Seau was arrested in 2010 for domestic violence which also may have been a result of poor decision making. “Brain trauma symptoms can appear decades after the playing days and can include dementia, memory loss, violent behavior, obesity, mental illness and depression. And unfortunately, suicide is more common in people who have experienced brain trauma.” . The Amen Clinics, Inc. (ACI) was founded in 1989 by Daniel G. Amen, M.D. Amen Clinics now has locations in Newport Beach and San Francisco, California, Bellevue, Washington and Reston, Virginia (www.amenclinics.com). ACI specializes in using detailed clinical histories, brain imaging, and lab testing for innovative diagnosis and treatment for a wide variety of problems, including weight issues, ADD, anxiety, depression, autistic spectrum disorders, and memory problems. Dr. Amen is a physician, child and adult psychiatrist, brain-imaging specialist, and Distinguished Fellow of the American Psychiatric Association. Dr. Amen has authored five New York Times bestsellers “Change Your Brain, Change Your Life,” “Change Your Brain, Change Your Body,” “Magnificent Mind At Any Age,” “The Amen Solution” and his latest “Use Your Brain to Change Your Age.” ACI is headquartered at 4019 Westerly Place, #100, Newport Beach, California. For more information, call (888) 564-2700. .
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 »
Big-time pollen alerts across the country! Jennifer and her daughter are recovering from severe allergies this week, so we’re going ahead and posting up the PowerPoints from some of the discussions at our Second Independent Football Veterans Conference. Sorry for the delays in getting everything posted quickly – we thank everyone for their patience and understand how many of you who couldn’t attend are anxiously awaiting the videos so you can catch up on what you missed. All our best to Jennifer and her daughter for a speedy recovery! . Without a doubt, the most requested videos and Powerpoints have certainly been for our panel on concussions and the lawsuits filed against the NFL and Riddell. Jason Luckasevic from Goldberg Persky White filed one of the first concussion lawsuits on behalf of retired football players. To date, his firm is also one of the few to include Riddell the helmet manufacturer – “Official Helmet of the NFL” – as a responsible party. Richard Lewis from Hausfeld LLP joined Jason on the panel last Saturday morning to present his firm’s decisions leading up to filing their concussion suit. . Please keep two things in mind: There are many capable and qualified attorneys representing plaintiffs in the concussion litigation. Please speak to those you choose to make sure your potential claim is evaluated promptly. The other issue discussed at the Conference was a potential statute of limitation specifically related to this round of concussion lawsuits. This means you may have to sign up with a representative firm soon before the filing period expires. More on this shortly from one of the attorneys involved in this suit. . Feel free to call Jason or Rich directly with any questions you may have regarding your own concussion concerns – each of them has agreed to make themselves available to talk to our readers: . Jason Luckasevic • Goldberg Persky White (412) 338-9460 . Richard Lewis • Hausfeld LLP (202) 540-7200 . You can view each slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow).
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): .
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. .
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:
Second Annual Independent Football Veterans Conference
At last, we’re finally ready to announce our Second Annual Independent Football Veterans Conference! A lot of you have been calling and writing about our Conference and we thank everyone for their patience. . We’ll be meeting once again in Las Vegas at the South Point Resort & Casino April 20 – 22, 2012.This year, we’ll be using a panel-style approach to cover a wide range of important topics ranging from the most recent information on lawsuits, your benefits, as well as more of the latest information on brain health and concussions. Other hot topics open for discussion will include The Legacy Fund, widows’ benefits (or the lack thereof), severance pay, Workers Compensation and Retirees’ Rights among other hot topics! We also have some social events planned for Friday and Saturday evening that will allow our attendees to catch up on their playing days with their teammates. We already have a dinner sponsored for our attendees scheduled for Saturday evening. continue reading »
.
March 4, 2012 .
De, .
On January 6, 2012, I met with Congresswoman Linda Sanchez at her southern California office with Mr. Mike Greenhaulgh, part owner/operator of the Sacramento Hyperbaric Oxygen Treatment center where I have been receiving treatments for the last two years, and Dr. William Duncan, President of the Hyperbaric Medical Association and Capital lobbyist. My 49ers teammate, Dan Bunz, and I also met with Senator Ted Gaines on December 27 and February 22, 2012. All the meetings were to address the legality of the NFL’s lack of benefits for its injured employees. Both Congresswoman Sanchez and Senator Gaines are looking into additional Congressional hearings on this matter. .
We are trying to gather solid information to ascertain the status of former employees/players of the NFL. For many years, we have been inundated with mixed information regarding the percentage of former employees/players who actually qualify for NFL retirement benefits, the percentage of former employee/players forced to draw SSI and life expectancy of former employee/players. With you being the President of the NFL Players Association, in charge of securing and overseeing the player’s/employee’s benefits, I am requesting data on the following:
What is the average life expectancy of a former NFL employee/player? Many years ago a letter was issued from the NFL encouraging players to take their retirement benefits early as most would not live to retirement age. This was followed up with a recent survey letters asking if we were still alive. I had been told for years that the average life expectancy of a former NFL employee/player was his late 50’s.
What percentage of all pre-93 employees/players who played in the NFL actually played long enough to reach the 4-year vesting threshold? From what I am reading now, the average NFL career is only 3.2 years. The numbers I was given when I played in 1980 and 1981 was 2-½ years. Surely the NFLPA maintains a roster of all players who were on active rosters at one time or another.
What percentage of employee/players have successfully been approved for SSI? After my 3rd evaluation at Dr. Amen’s clinic January, 2012, I was given a referral to file for SSI as Dr. Amen had me rated at 100% disabled due to frontal lobe dementia and damage to my temporal lobes of my brain.
If a player qualifies for SSI disability, how can he be denied NFL disability? How can the NFL’s disability requirements be higher than those of the general public?
What percentage of employee/players have successfully been approved for Medicare?
How many of Tom Condon’s clients were approved for NFL benefits as opposed to the general number of players who were approved (or declined)?
When did NFL employee/players begin filing for Workers Compensation?
What percentage of NFL employee/players have been approved for Workers Compensation?
With so many lawsuits being filed right now, we’ve been flooded with a lot of inquiries and questions on who to join and how to contact the various firms and groups. While Dave has taken a plaintiff position with Goldberg Persky & White in the concussion and helmet lawsuit and with Hausfeld LLP in the retired players benefits and representation lawsuit against the League and the NFLPA, each of you should make a conscientious decision to sign up with the firm that you feel represents your interests in the best way possible. While we’ve never dispensed any legal advice here, we’d like to post a list of common sense questions that you may want to ask any law firm you’re considering. .
And at the end of this post, we’re also attaching a copy of a letter that John Beasley sent to the Benefits Office that got some results. . continue reading »
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 .
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.
“These players need to know there IS help for them!”
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.
With so many lawsuits being filed right now, we’ve been flooded with a lot of inquiries and questions on who to join and how to contact the various firms and groups. While Dave has taken a plaintiff position with Goldberg Persky & White in the concussion and helmet lawsuit and with Hausfeld LLP in the retired players benefits and representation lawsuit against the League and the NFLPA, each of you should make a conscientious decision to sign up with the firm that you feel represents your interests in the best way possible. While we’ve never dispensed any legal advice here, we’d like to post a list of common sense questions that you may want to ask any law firm you’re considering.