Federal Judge Weighs NFL Concussion Lawsuits

As reported by the Associated Press on April 10th, 2013, Senior U.S. District Judge Anita Brody on Tuesday listened to arguments as to whether lawsuits accusing the National Football League of concealing known risks of brain injuries belong in court or in arbitration.

NFL Brain Injuries4,200 former NFL players are pursuing lawsuits against the NFL. Brody could rule in favor of the NFL, determining head injuries are covered in collective bargaining agreement health provisions.  She could rule in favor of the 4,200 former players and allow them to go forward with their litigation.  Her decision could also be a split decision, allowing only part of the negligence and fraud claims against the league to move forward in court.

Eleanor Perfetto’s husband, Ralph Wenzel, played for San Diego and for Pittsburgh during the years 1966 through 1973. Perfetto said some people are not going to live long enough to see this case conclude.  Her husband was one.  He died in June, 2012.  Near the end of his life he suffered from extremely severe and debilitating dementia.

Attorney for the NFL, Paul Clement, argued in court Wednesday that NFL teams are chiefly responsible for the safety and health of players along with the players themselves.

The players’ argument is that the NFL encouraged violent hits and through NFL Films, profited from glorifying vicious hits to the head.  Studies that connected concussions to neurological risks were hidden away for decades according to David Frederick, attorney for the players. Frequently concussed athletes have been diagnosed with chronic traumatic encephalopathy after death, such as Junior Seau.  Other former players are suffering depression, dementia, or Alzheimer’s disease.

If you or someone you love has suffered a brain injury due to the negligent actions of another, that individual or organization should be held accountable.  Our Los Angeles traumatic brain injury (TBI) victim attorneys at Carpenter, Zuckerman & Rowley, LLP want you to become informed about the serious repercussions of brain injury.  We understand the impact that a TBI can have on your life and your family’s lives.  Please call 213-514-8332 to learn how we can help.

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