Hausfeld LLP NFL presentation on concussion litigation
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Hausfeld LLP NFL presentation on concussion litigation

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As presented by Rich Lewis from Hausfeld LLP at the Second Annual Independent Football Veterans Conference held April 20 -22 2012 in Las Vegas at the South Point Resort.

As presented by Rich Lewis from Hausfeld LLP at the Second Annual Independent Football Veterans Conference held April 20 -22 2012 in Las Vegas at the South Point Resort.

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Hausfeld LLP NFL presentation on concussion litigation Hausfeld LLP NFL presentation on concussion litigation Presentation Transcript

  • IN Re: NATIONAL FOOTBALL LEAGUE PLAYERS’CONCUSSION INJURY LITIGATION1
  • STATUS of the MDL•On January 31, 2012, the United States Judicial Panelon Multidistrict Litigation (MDL) issued a TransferOrder, finding that the various concussion suits filed,“involved common questions of fact, and thatcentralization under Section 1407 in the Eastern Districtof Pennsylvania [would] serve the convenience of theparties and witnesses and promote the just andefficient conduct of the litigation.” • MDL Transfer Order (Docket No. 31), MDL No. 23232
  • Judge Anita Brody The MDL concluded United States District Court Judge Anita B. Brody would be the Judge assigned to guide the concussion litigation through pretrial proceedings. • MDL Transfer Order (Docket No.31), MDL No. 23233
  • 4
  • MDL Statistics • 44 Concussion related cases have been filed to-date. • Over 1,200 NFL Retirees have been named as Plaintiffs. • Personal Injury • Medical Monitoring5
  • Science on Brain Injury6
  • Science of Football Related Brain Injury • Case Studies, Autopsies, Neuropsychological Studies, Brain Imaging Studies • Not just single concussions, but multiple sub- concussive blows to the head • Multiple studies show playing football increases the risk of brain injury: • Dr. Daniel G. Amen (2011) – Brian Imaging (increased rates of dementia) • Dr. Julian Bailes (2009) – (increased rates of depression) • Dr. Guskiewicz (2006) – (increased memory loss, and early Alzheimers)7
  • Science of Football Related Brain Injury “The results of this study suggest that playing professional football is associated with a significantly higher risk for permanent brain damage.” • Impact of Playing American Professional Football on Long-Term Brain Function, Daniel G. Amen, J Neuropsychiatry ClinNeurosci 23:1 (Winter 2011) at p. 104.8
  • Science of Football Related Brain Injury “Chronic traumatic encephalopathy (CTE) is a progressive neurodeneration clinically associated with memory disturbances, behavioral and personality changes, parkinsonism, and speech and gait abnormalities… There is overwhelming evidence that the condition is the result of repeated sub-lethal brain trauma that often occurs well before the development of clinical manifestations.” • Chronic Traumatic Encephalopathy in Athletes: Progressive Tauopathy After Repetitive Head Injury, Ann C. McKee, MD, J. Neuropathol Exp. Neurol, Vol. 68, No. 7 (July 2009), at p. 7329
  • Liability Evidence related to what the NFL knew or should have known about the risks of brain injury: •1900s – Boxing • “Chronic Boxer’s Encepalopathy”, “Punch Drunk” •1970s & 1980s • Case reports were published on football players •1980s • Studies were done showing increased risks of brain injury • Players were being sent back to play when still at risk • Neuropsycological assessment was available to detect mild brain injury •1990s & 2000s • NFL MTBI Committee • Further development of scientific knowledge10
  • Personal Injury Claims Medical Monitoring Claims•Seek monetary compensation •Seek Court supervised fundfor brain injuries on an for medical testing toindividual basis evaluate brain damage• Damages include: • Pain and suffering • To facilitate early diagnosis • Loss of quality of life and better treatment • Diminished work capacity •Usually done on a Class • Medical, psyco-social and Action basis behavioral support in the future • Loss of consortium (Spouse’s claim)11
  • Hausfeld LLP – Football Related Litigation • Eller v. NFLPA • Retired Players Rights • Dryer v. NFL • Licensing and Imaging •In Re NFL Concussion Litigation • Personal Injury Mass Tort • Medical Monitoring Class Action Michael D. Hausfeld12
  • THE END13