NFL bids to halt lawsuits as brain injury furore grows

By Peter Williamson, Washington

Saturday, September 01, 2012

The NFL moved this week to try to shut down lawsuits filed by thousands of former players who say they suffered or fear suffering permanent brain injuries from football-related concussions, calling the issue a "labour dispute" that should be resolved not by courts but by terms of the collective bargaining agreement.

The players accuse the NFL of negligence and say league officials concealed known medical links between concussions and brain injuries, leading many of them to suffer from dementia or Alzheimers disease, or be at an increased risk of reckless or suicidal behaviour.

In a motion to dismiss the suits filed late Thursday night, the NFL argues the collective bargaining agreement covers safety and health rules while delegating to each team decisions about a players condition and when they should return to play. And the league said the suits lack any specific proof of concealment.

To the extent that plaintiffs have a claim addressing injuries incurred during their NFL careers, that claim may only proceed pursuant to the grievance procedures set forth in the CBAs (collective bargaining agreements)., the motion said.

About 140 NFL concussion lawsuits have been consolidated in federal court in Philadelphia before US District Judge Anita B. Brody. Unless Brody agrees to dismiss them early on, or an umbrella settlement is reached, she will likely decide what evidence can be used at trial, whether a class can be certified for medical monitoring and other pretrial issues. The cases might then return to their home district for trial.

According to analysis, 3,377 players have sued the NFL, charging that not enough was done to inform them of the dangers of concussions in the past, or to take care of them today.

That tally includes at least 26 Hall of Famers. There are 5,249 total plaintiffs, including spouses, other relatives and player representatives.

The lead plaintiff in an early concussion lawsuit filed last year, former Atlanta Falcons safety Ray Easterling, committed suicide in April at age 62. An autopsy found he had the degenerative brain disease CTE, or chronic traumatic encephalopathy. His widow remains a plaintiff.

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NFL bids to halt lawsuits as brain injury furore grows