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Patrick Hruby: Game Over

5 September 2012

Posted with the express permission of Patrick Hruby and with acknowledgement to SportsEarth.com.
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by Patrick Hruby
August 29, 2012
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The hotel restaurant was closed. So we ate at the bar. It was early August, and I was in town visiting a former NFL lineman. Call him Max. It’s better not to use his real name.
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During his time in football, Max was hit in the head. A lot. He since has endured nine brain surgeries. He has trouble remembering things. Serious trouble, like the main character in the movie “Memento.” Max and I were both carrying notepads, but for different reasons.
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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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Wednesday, 9 May 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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It is that time of the year when school boards have to get budgets in place for the new school calendar and the 2012-13 school year. The people who do the budgets and the people who vote on the budgets probably aren’t too worried about the 2012 high school football season but there will come a time when school districts will have to evaluate the value of fielding junior high and high school football teams.
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There is evidence that football is causing major health problems for former players later on in life. Some National Football League players have been quite vocal about post-career problems, which include depression, thoughts of suicide, family problems, bankruptcy, homelessness and for some – like Dave Duerson and Junior Seau – suicide.
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Following Seau’s death, a few former players went public with their post football plight on Dave Pear’s Blog. Pear has been fighting for years for the NFL to get medical benefits to pay for the injuries he says he suffered during his career. The injuries were numerous.
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The comments should be noted by school boards and others with a passing interest in watching football whether it is Friday night high school contests or Monday Night Football featuring two NFL teams.
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One-time Pittsburgh Steelers player Reggie Harrison, now known as Kamal Ali Salaam-El wrote, “Since we don’t have a crystal ball, we may never know what was going through Junior Seau’s mind. I have yet to entertain the thought of taking my life, but I can relate to the pain that a lot of us are going through. I take 10 methadone, 4 oxycodone and 2 ml of liquid oxycodone daily, and sometimes the pain still overtakes me. I just pray that I can hold on and lean on my fellow alumni if I feel that I can’t go on. My heart goes out to Junior and his family and I hope he has found Peace. I sure haven’t found it.”
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Former Los Angeles Rams player Rick Hayes responded to the former Steelers by writing, “Kamal, I believe we played against each other in the L.A. Coliseum during our Rookie Year in 1974 Pre-Season. I, too, have been in pain today following the news of Junior Seau, and I find myself wondering about the possibility of CTE being the cause. For the last month, I have missed two Brain Scans and MRIs because of fear and pain. Several months ago, I finally detoxed from a daily dose of over 1000 mg of oxycodone via the Subuxone method. I think of suicide almost daily. There were other pills too. I feel much better now but still question the pain and sleep disturbances.
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“In your note, I found the realization that these medications treat and cover our emotional traumas as much as our physical pain. And eventually, they stop working due to our Opioid Tolerance. I wish you, our fellow Former Players, and myself, a path through all this confusion. We are all one, but unfortunately the NFLPA is failing in providing us guidance and assistance. They are aware of our PAIN and ADDICTIONS. Now they are having SUICIDES thrown in their faces. When will they act truthfully and completely? The BLOOD is on the OWNERS and NFLPA’s hands.”
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Janet McCoy speaking on behalf of her husband Mike, who played for Green Bay, responded with a different viewpoint: the position of a wife with a suffering husband. She said, “I received a call from my husband yesterday when he received the news of another player’s death. Since Mike is in assisted living for his dementia, all he could do was weep when I answered the phone. I knew why he was crying even before he spoke. How many tears do the players, wives and families have to shed before the NFL takes notice? I would like to suggest that the NFL have a plan payment for mental health therapy after this. Most men are not able to express themselves when this tragic diagnosis is received. Blessings to all our families.”
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Former NFL players who have been broken down and left on the curb have a place to vent frustrations. The awful truth for the former players who are suffering is that the National Football league owners never let them down; their own Players Association is the culprit. The National Football League Players Association was so focused on just getting money that there were not secondary concerns about players’ safety or post career medical and insurance benefits. The owners and players collectively bargained agreements, and whether it was 1974, 1982 or 1987, the players’ negotiators — and in turn the players’ agents — wanted liberal free agency rules and money.
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That was a mistake for about 97 percent of the players. The owners legally are not bound to give players extended medical benefits. That should have been a collectively bargained issue. Broken down players are living in the government safety net of Social Security Disability Insurance and Medicare.
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It may be those are some of the lucky players who survived the funnel and made it into the National Football League. There are probably hundreds of thousands of players from the college, high school and semi-pro ranks who have suffered severe injuries and didn’t have a players association – albeit a weak group like the NFLPA – who never got a football pension or a partial medical plan and now are depending on government assistance for life-altering injuries.
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But there really isn’t much about the plight of high school players who are suffering from football injuries that is documented.
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High school football remains king in certain sections of the country but what would happen if former high school players suffering from devastating injuries started suing schools? Would school boards who are either self-insured or pay a huge premium keep the games going?
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That is a difficult question but that question may come an awful lot sooner than anyone thinks. The National Football League, along with a helmet manufacturer, is being sued by hundreds of former players who contend that the league didn’t look after players’ health during careers and in post-career life. The lawsuit involves just the NFL and former players at this point.
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Many people play football from the youth level on up to the pros. Many of those players will never have an opportunity to sue school boards even though the life-altering injuries took place on some high school football field.
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Football has always been a brutally tough sport.
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It seems the issue of players’ safety was settled in 1905 after President Theodore Roosevelt pressured a few college presidents into cleaning up the game after the deaths of 18 players in college games and the maiming of others.
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But did President Roosevelt and the college presidents really clean up the game or was the game “properly” sanitized, with the injuries swept under the rug?
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Until 2010, players’ safety didn’t seem to have been much of a priority on any level, whether it was high school, college or the National Football League. The NFL was very slow to get into the players’ safety issue, and the league finally started addressing head issues 105 years after President Roosevelt made the issue of player safety part of his presidency.
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The NFL is urging all 50 states to take a very close look at head injuries suffered in high school and other football programs for children. Whether it is lip service or not, NFL Commissioner Roger Goodell sent out 44 letters to states urging them to enforce strict surveillance of head injuries. The league is continuing to beef up head injury protocol, but that is for future generations.
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The league is not taking responsibility for past injuries.
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But there is now a lawsuit and even though the players have directed their complaints against the National Football League, all of football is really on trial. That includes youth level, junior high school, high school, and college football. If the NFL and a helmet manufacturer lose this case, the whole structure of football will be shaken from the NFL down to kids’ football. The NFL depends on kids’ football as a feeder system into junior high school, then high school and colleges. The NFL gets ready-made players with years of experience. That could all change because school districts may decide running a football program is too costly in terms of insurance premiums and safety.
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If the school boards get rid of football, Troy Aikman’s words last February, looking at the NFL’s future, may be prophetic: “The long-term viability, to me anyway, is somewhat in question as far as what this game is going to look like 20 years from now.”
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Evan Weiner

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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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Wednesday, 2 May 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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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.
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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.
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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.
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Happy Holidays, Football and Sports Concussion Establishment: 2012 Is the Year of the Tobacco-Style Lawsuit

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

Published December 26th, 2011.

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Duerson Apparently Did Not Review Andrew Stewart NFL Disability Claim

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

7 September 2011

An old teammate and someone I considered a friend passed away over the weekend. Last week, it had been reported – erroneously – that Lee Roy Selmon had died of a stroke in Tampa (click HERE to read the story). But then I received a phone call this weekend from a mutual teammate, Council Rudolph, that Lee Roy had indeed finally succumbed a couple of days after his initial stroke. (Story HERE.) We all played for the Tampa Bay Buccaneers in the late 70′s and Lee Roy went on to make it into the Hall of Fame, eventually settling into a post-football career as very successful restauranteur and philanthropist in the Tampa Bay area.
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But what has bothered me a lot after I first read about Lee Roy’s passing were a few journalists who insisted on comparing Lee Roy Selmon’s life to the late Dave Duerson (who committed suicide back in February this year). I have no doubt that Lee Roy and Duerson both died as a result of their brain injuries from professional football. But that is where the comparisons should end.
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Lee Roy and I were teammates in Tampa Bay from 1976 to 1978. Lee Roy was a truly nice guy and everyone liked him (unless you had to face him on the field!). However, to pass away at the age of 56 is way too young. We all know that concussions and strokes go hand-in-hand. His brother Dewey is also a nice guy and he played for the Buccaneers too. But Lee Roy was a very private person so it may be difficult to find out any of the details concerning his death. We can only hope that his family might share a little information about his stroke so that it may help many of us who are also facing a similar fate.
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Here’s one more piece on Lee Roy’s big heart and generosity:
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Selmon’s generosity touched prep sports

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

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

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by Irvin Muchnick‚ Aug. 19‚ 2011
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Six months after Dave Duerson put a bullet through his own chest, the annual national brain trauma toll mounts again, from the National Football League all the way down to the peewees. Meanwhile, the mentally flabby sports media continue putting out the same sugar-coated message: that we should become more “aware” about concussions, and that pro football players should emulate Duerson by donating their brains for research – as if Duerson – who spent his late life denying others’ claims of concussion syndrome – personally invented Chronic Traumatic Encephelopathy (CTE).
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Here’s a better idea: Next month, in federal court in Maryland, there will be a pretrial hearing in a case against the NFL retirement plan by Andrew Stewart, who played linebacker for the San Francisco 49ers and two other teams from 1989 to 1993, and whose application for increased disability benefits had been rejected. Stewart’s lawyer wants the court to examine the work of Bert Bell/Pete Rozelle NFL Players Retirement Plan’s (EDITOR’S NOTE: Corrected from the original post) joint owner/players’ union Board of Trustees – which included Duerson.
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Alex Marvez of FoxSports.com, who is doing as good a job as any mainstream journalist on the concussion story’s off-the-field aspects, broke the Stewart lawsuit development (Click HERE to read his post).
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EDITOR’S NOTE: We just received a copy of another e-mail that was sent out by Jim McFarland, a non-voting member of the NFLPA Former Players Executive Committee. Jim expresses his concerns with key issues that the Union appears to have “negotiated” on behalf of Retired Players (while they were no longer a Union) and he sounds like he’s just as surprised to finally hear about them as the rest of you… His e-mail to NFLPA counsel, Tom Depaso, is added to the bottom of this post.
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And on and on it goes. Dave just received one more enlightening e-mail from NFLPA’s Dave Duerson replacement, Sam McCullum, this morning with more “clarification” on their Coming Soon Improvements to Retired Players Benefits á la NFLPA. Here it is in its unedited form:
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EDITOR’S NOTE: Author Irv Muchnick has been covering the big picture on concussions in sports and its broader effects on society in general. In following up with our most recent posts and debates with insiders from the NFLPA on their role in Disability Benefits – or lack thereof – we’re presenting three of Irv’s current posts.
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Posted with the express consent of Irv Muchnick:
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Sports Concussion Crisis a Culture-Wide Problem – Maybe a Post-Ideological One, Too

August 8‚ 2011
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by Irvin Muchnick
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Writing in The Nation’s special August 15-22 sports issue, currently on newsstands, recently retired Denver Broncos wide receiver turned social critic Nate Jackson reflects on the football concussion crisis. Jackson is short on specifics and long on the banal (“But at what price comes the glory?”). Jackson also makes regrettable separation from the essential theme: traumatic brain injuries are not the same as blown-out knees; the National Football League’s commerce-first values inculcate amateur sports, as well; and the depth and breadth of the resulting societal fallout far exceed the public’s current perception.
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Posted with the express consent of Irv Muchnick:
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by Irvin Muchnick‚
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July 18‚ 2011
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Well, the floodgates are opening wider and wider. Sports Legacy Institute and Boston University held a press conference this past Monday to announce their findings on the late Dave Duerson’s brain examination. To no one’s surprise, they discovered the presence of Chronic Traumatic Encephalopathy (CTE) in his brain.
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Former NFL player Dave Duerson found to have had brain damage

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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS .
Tuesday, 5 April 2011
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BY EVAN WEINER
NEWJERSEYNEWSROOM.COM
COMMENTARY
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Portions of this column are by Evan Weiner and Heather Rascher from ”A Business History of Professional Football,” unpublished manuscript (2005).
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The biggest game on the NFL season starts on April 6 when National Football League owners and the remnants of the now defunct National Football League Players Association face off in a Minneapolis courtroom. In a script that looks like a sequel to the days after the National Football League Players Association imploded in October 1987 when the NFLPA decided to sue NFL owners for free agency, the NFLPA is back in a Minneapolis courthouse and suing NFL owners. Ten players, including one college player who was not even a part of the defunct NFLPA, Von Miller, are suing the league in an antitrust action hoping the court will lift the owners lockout.
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Miller’s name is on the suit but he is planning to attend the National Football League Draft, an act that restricts the freedom of college players in finding jobs. The only reason the draft is legal is through collective bargaining. The owners and players have agreed to a draft. Miller plans to be in the courtroom while New Orleans quarterback Drew Brees, one of the 10 plaintiffs, will not attend the opening day festivities. Brees will be at a golf fundraiser.
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Brees last week sounded a conciliatory note to retired and discarded players after being blasted by Sam Huff for criticizing former players who are down and out because of football related injuries. Brees apparently learned well from the late Gene Upshaw (who was the NFLPA Executive Director) who once said that the association could not worry about every problem. While the NFL and the NFLPA duke it out in Minneapolis, the former NFLPA may be involved in another action as former New Orleans and Miami defensive back Gene Atkins is suing the NFL’s retirement board after being denied additional health benefits by the group which included the late Dave Duerson. The former defensive back, Duerson, was on the board which said ‘no’ to Atkins’ football degenerative claim in 2006. Duerson’s suicide in February 2011 raises questions according to the brief filed about Duerson’s competence in light of statements that came out after the suicide that he had memory loss and difficulties spelling words.
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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS

Are sports fans resilient or suckers?

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Posted with the express consent of Evan Weiner:

THE BUSINESS AND POLITICS OF SPORTS
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