NFL Concussion Class Action Litigation

Our firm has filed a class action lawsuit against the NFL and Riddell and its affiliates in response to their misrepresentations and out right suppression of the serious health effects of concussions experienced by NFL players.

Mr. McCorvey was appointed by the Judge Anita Brody to serve on the Plaintiffs’ Steering Committee, “PSC.” The “PSC” is responsible for prosecuting all former NFL Players’ claims against the NFL and Riddell now that all of the many lawsuits have been consolidated. Mr. McCorvey is the only former NFL player serving on the “PSC.” With Mr. McCorvey on the “PSC” all former players have a representative at the table in this litigation when decisions are being made to achieve the best results for the players. See one of our suits here.

Concussions and dings have been linked to altered mood and early onset of other disorders, namely Chronic Traumatic Encephalopathy, (CTE), or dementia. The most important part of treating these issues is to get tested early and catch the altered mood or other issues before it becomes something bigger. We recommend that every former player, (even if you feel completely healthy), get an exam and be aware of their rights. There are resources available for you, call our office today at 1-888-291-2431 to get involved with this litigation.

We believe and intend to prove in Court that the NFL teams and Coaches knew or should have known that they were  putting their players in danger when they made them play after experiencing concussions and dings, and did not take concussions and dings seriously when their players got them.

The Mild Traumatic Brain Injury Committee was formed by the NFL to  give League friendly answers to these questions raised about multiple concussions and neurological damage to football players in the mid 90s but they punted  the ball and allowed more players to be injured and face long term neurological damage.

The NFL finally admitted that concussions can lead  to dementia, memory loss and other symptoms in June of 2010. The NFL along with  Riddell, the manufacturer of their helmets, are now being sued for  fraud, negligence and failure to warn in multiple class actions filed around the country; all of which have been consolidated into one large federal class action that has been assigned to the Eastern District Court in Philadelphia, PA.

Below are videos and excerpts from prominent studies that clearly show a link between multiple concussions and various brain injuries. The NFL and Riddell has intentionally mislead and suppressed the truth about the serious of concussion from its players for your years.

Dr. Barry  Jordan, Director of the Brain Injury Program at Burke Rehabilitation  Hospital in White Plains, New York, surveyed 1,094 former NFL players  between the ages of 27 and 86, finding:

(a) more than 61 % had suffered at least one  concussion in their careers with 30 % of the players having three or  more and 15 % having five or more; (b) 51% had been knocked unconscious  more than once; (c) 73 % of those injured said they  were not required to sit on the sidelines after their head trauma; (d)  49 % of the former players had numbness or tingling; 28 % had neck or  cervical spine arthritis; 31 % had difficulty with memory; 16 % were  unable to dress themselves; and 11 % were unable to feed themselves; and (e) eight suffered from Alzheimer’s disease.

Dr. Kevin Guskiewicz of University of North Carolina Studies

The study, published in the September-October issue  of the American Journal of Sports Medicine, suggests that the brain is  more susceptible to injury when it has not had enough time to recover  from a first injury. Researchers say the finding is important because  concussions can lead to permanent brain damage, vision impairment or  even death if not managed properly.” Study done in 2000.

“We believe recurrences are more likely because injured players  are returning to practice and to games too quickly after blows to the  head, said Dr. Kevin M. Guskiewicz, assistant professor of exercise and sport science at UNC-CH and study leader. Many clinicians are not  following the medical guidelines that players should be symptom-free for several days before returning.”

UNC analyzed data from almost 2,500 retired NFL  players and found that 263 of the retired players suffered from  depression. The study found that having three or four concussions meant  twice the risk of depression as never-concussed players and five or more concussions meant a nearly threefold risk. Study done in 2003.

Mike Webster, Terry Long and Andre Waters Brain: Boston  University School of Medicine’s Center for Traumatic Encephalopathy  Examination

In articles published in Neurosurgery in 2005 and  2006, Omalu found that Webster’s and Long’s respective deaths were  partially caused by CTE, related to multiple NFL concussions suffered  during their professional playing years. Cantu reached a similar  conclusion as to Waters in an article published in Neurosurgery in 2007.

The following photographs, available from Brain-Pad Blog, show  the contrast between a normal brain (depicted on the left) and Webster’s autopsied brain (depicted on the right):

University of Michigan’s Institute for Social Research Study

The study found that retired NFL players are  diagnosed with Alzheimer’s disease or similar medical conditions far  more often than the national population, including a rate of 19 times the normal incidence for men aged 30 through 49.

Latent injuries are not barred by the statute of limitations

In civil cases, statutes of limitations (restrictions on how long  plaintiffs may wait before filing a suit after an alleged wrong) serve  to assure that claims are pursued in a timely manner. The statute of  limitations (SOL) for a claim will vary depending on the state and the  particular cause of action. Typically the defendant bears the burden of  proving the claim is barred by the SOL.

The traditional time of Injury rule starts the running of the SOL  clock at the point when the plaintiff initially experiences the injury  or harm. In the NFL concussion litigation context, the clock would start when the player incurred the concussion(s). Over time, however, and  especially with the rise of asbestos exposure and toxic tort cases,  courts began to see the need to allow flexibility for insidious and  latent diseases, those where the symptoms of the disease do not manifest  until much later. The discovery rule, an equitable doctrine that may  arise out of common law or statute, emerged as a solution to this  problem.

In the NFL concussion lawsuits, the discovery rule plays a key role  in allowing players to bring claims from injuries initially sustained  years or even decades ago. Given the nature of traumatic brain injury, it is often difficult to pinpoint a specific injury or moment in time  when the harm was initially experienced. Many of the players experienced repeated concussions over a long period of time, and in some cases the  symptoms came on gradually or appeared much later than the actual  trauma.

Furthermore, under the discovery rule, a Plaintiff’s ignorance is  generally not a valid reason to toll the statute, his illness must be  such that he could not have reasonably known he was injured until the  time of discovery. This concept ties in directly with one of the  plaintiffs’ central assertions: the players argue that the NFL’s  negligence and concealment in failing to educate them about the harms  and symptoms of traumatic brain injury prevented them from discovering  their illness until recently. Thus, according to the players, there is  no way they should have known they were suffering from the disease  until the NFL disclosed the link between concussions and long-term brain injury beginning with its educational efforts in 2009.

Call us today at 1-888-291-2431 for a free case evaluation if you are a former player of the National Football League.

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