A group of seven retired NFL players have filed a suit in Philadelphia against the NFL for the league’s handling of concussions, in the first potential class action lawsuit of this kind.
The plaintiffs include former Chicago Bears quarterback Jim McMahon, who said he played through five concussions and now frequently is “in a daze,” forgetting why he has entered a room, the Washington Post reports.
The suit accuses the league of both negligence and intentional misconduct in its handling of concussions and their after affects, including headaches, dizziness and dementia. The suit seeks medical monitoring, along with funds to pay for the care of injured players.
Larry Coben, attorney for the plaintiffs, said that one of his clients may lose his home because of health-related financial problems. “The big issue for us is they were told for decades to lead with their heads,” Coben told the AP. “The NFL would never admit that there’s any correlation [to later health problems].”
This suit follows the suit filed last month in Los Angeles by 75 former players alleging that the league concealed information about the harmful effects of concussions from players for years. That suit also names helmet manufacturer Riddell as a defendant.
The suit filed this week is the first to seek class-action status, which could potentially include anyone who played in the NFL and suffered a concussion or head injury.
“Our goal is much larger, perhaps more daunting,” said Coben, who has previously sued over brain injuries incurred in high school football.
“We have to ultimately determine how many people are in the (legal) classes. How many people from the ‘70s are experiencing this, how many people from the ‘80s, from the ‘90s? And then, what are the losses?”
In a change of stance in late 2009, the NFL has encouraged players to cooperate with the Boston University Center for the Study of Traumatic Encephalopathy, which is conducting a long term study on the brains of former athletes — and finding disturbing evidence of brain damage in football players, and other athletes. McMahon has agreed to leave his brain to the center.
This suit also comes shortly after the memorial service for NFL great Jim Mackey, who was the first president of the NFL Players Association and who suffered from dementia later in his life. Mackey’s case led the NFL and NFLPA to establish the 88 Plan, after Mackey’s jersey number, which provides financial assistance to former NFL players suffering degenerative brain disease.
