The document discusses the multidistrict litigation (MDL) regarding concussion injuries among NFL players, which was centralized in the Eastern District of Pennsylvania as of January 31, 2012. It highlights the serious risks associated with repeated head trauma in football, including chronic traumatic encephalopathy (CTE) and various long-term psychological and neurological issues. Additionally, it outlines the status of claims made by over 1,200 NFL retirees seeking compensation and medical monitoring due to brain injuries sustained during their careers.

1. IN Re: NATIONAL FOOTBALL LEAGUE
PLAYERS’CONCUSSION INJURY LITIGATION
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2. STATUS of the MDL
•On January 31, 2012, the United States Judicial Panel
on Multidistrict Litigation (MDL) issued a Transfer
Order, finding that the various concussion suits filed,
“involved common questions of fact, and that
centralization under Section 1407 in the Eastern District
of Pennsylvania [would] serve the convenience of the
parties and witnesses and promote the just and
efficient conduct of the litigation.”
• MDL Transfer Order (Docket No. 31), MDL No. 2323
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3. 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. 2323
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5. MDL Statistics
• 44 Concussion related cases
have been filed to-date.
• Over 1,200 NFL Retirees have
been named as Plaintiffs.
• Personal Injury
• Medical Monitoring
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6. Science on Brain Injury
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7. 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)
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8. 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.
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9. 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. 732
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10. 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 knowledge
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11. Personal Injury Claims Medical Monitoring Claims
•Seek monetary compensation •Seek Court supervised fund
for brain injuries on an for medical testing to
individual 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)
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12. 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. Hausfeld
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13. THE END
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