Denial by the League The NFL spent years trying to deny and cover up any link that emerged connecting head injuries sustained while playing football with long-term brain disorders. The NFL Mild Traumatic Brain Injury (MTBI) Committee, first formed in 1994, reported in December 1999 that the number of head injuries had remained "remarkably the same over the course of four years." The committee went a step further in 2004 when it suggested in an article published in
Neurosurgery that "NFL players have evolved to a state where their brains are less susceptible to injury." Two months after that, MTBI publishes another article that concludes "Players who are concussed and return to the same game have fewer initial signs and symptoms than those removed from play. Return to play does not involve a significant risk of a second injury either in the same game or during the season." It was the first time any League official had acknowledged a link between the two. Investigative reporters
Steve Fainaru and his brother
Mark Fainaru-Wada learned from an anonymous source that the NFL Retirement Board had awarded "disability payments to at least three former players after concluding that football caused their crippling brain injuries – even as the league's top medical experts for years consistently denied any link between the sport and long-term brain damage." One of the cases was that of Mike Webster, who filed a claim in 1999. In 2005, three years after his death, his family received $1.8 million from the Retirement Board. "That same year", write the Fainuru brothers, "the NFL published the 10th installment in its series on concussions research in the medical journal
Neurosurgery. The paper, whose authors included three members of the League's [MTBI], asserted that chronic brain injury 'has never been reported in American football players. However, public relations issues continue to plague the League. A report from the Democratic members of the House Committee on Energy and Commerce said that "the NFL rescinded a gift to the
National Institutes of Health (NIH) for concussion research when it learned the study's findings would be detrimental to the league's image." The NFL had tried to funnel the funds it gave to the NIH towards its own studies. The League rejected the accusations. To mitigate the public relations (PR) nightmare, the NFL has taken several steps to better assure player safety and bring awareness to head injuries in football players of all ages. Several rule changes took place between 2007 and 2014. NFL commissioner Roger Goodell issued a memo in December 2009 to all 32 teams stating that a player who sustains a concussion cannot return to play if he shows signs or symptoms, such as inability to remember assignments or plays, a gap in memory and persistent dizziness. This move changed the 2007 rule saying a player cannot return only if he has lost consciousness. Additionally, new rules regarding "crown of the helmet" tackles have been installed where a runner or a tackler cannot initiate forcible contact with the crown of the helmet outside the
tackle box so as to protect players' heads. Lastly, the NFL and
USA Football launched the Heads Up Football initiative, which "emphasizes a smarter and safer way to play and teach youth football, including proper tackling and taking the head out of the game." A mobile application was also launched with help from the
CDC where information about concussion protocols and player health and safety can be easily reached by parents and coaches. The PR issues surrounding the NFL's cover-up of concussions are far from over, and it is too early to tell how and to what extent these events will impact the NFL or football playing. Robert Boland, professor of sports management at
New York University and former college football player says, "In the short-run, [the NFL] is still thriving", but downward trends in youth football players shows that future generations "might have less of an intimate attachment to the sport." Boland says this in light of
Pop Warner football enrollment dropping by 9.5 percent between 2010 and 2012, likely linked to the high-profile concussion problem. The master administrative long-form
complaint, filed by Plaintiff's Co-Lead Counsel Sol Weiss and Christopher Seeger on June 7, 2012, alleges the League "... was aware of the evidence and the risks associated with repetitive traumatic brain injuries virtually at the inception, but deliberately ignored and actively concealed the information from the Plaintiffs and all others who participated in organized football at all levels." The master complaint argues the NFL knew or should have known players who sustain repetitive head injuries are at risk of suffering "... early-onset of Alzheimer's Disease,
dementia, depression, deficits in
cognitive functioning, reduced processing speed, attention, and reasoning, loss of memory, sleeplessness, moods swings, personality changes, and the debilitating and latent disease known as
Chronic traumatic encephalopathy ('CTE')." In April 2012, Easterling was found dead from a self-inflicted gunshot wound in his home. An autopsy report concluded Easterling's brain had evidence of CTE, a degenerative brain disease associated with frequent blows to the head. One month later, former
San Diego Chargers player
Junior Seau also died of a self-inflicted gunshot wound, and a brain autopsy showed he suffered from CTE. Like Easterling and Seau, an autopsy of Bears safety
Dave Duerson's brain after he committed
suicide earlier that year revealed he also suffered from the same degenerative brain disease. The autopsy results following these players' suicides heightened existing concerns regarding the connection between player deaths and concussions. Neuropathologist
Bennet Omalu has identified CTE in the autopsies of former players
Mike Webster,
Terry Long,
Justin Strzelczyk,
Andre Waters, and
Chris Henry. One of the difficult issues facing doctors is attempting to identify mental health effects from concussions during the lives of former players rather than after their deaths. In April 2012, a group of former
Dallas Cowboys—including
Pro Football Hall of Fame inductees
Randy White,
Bob Lilly, and
Rayfield Wright (among other retired players from around the league)—filed a lawsuit against the NFL, again accusing it of ignoring a link between concussions and brain injury. In August 2012, the number of players involved in suits against the NFL increased to 3,402, and the League sued three dozen insurance companies in an attempt to force them to cover the costs of defending claims of not protecting players. However,
Travelers ultimately sued the League on August 21 in a lawsuit called Discover Property & Casualty Co. et al. vs. National Football League et al.,
New York State Supreme Court, New York County, No. 652933/2012. The company provided liability coverage for the League's merchandising arm (NFL Properties), and the insurer also pointed out that the above-mentioned lawsuit has allegedly 14 counts against the League, while only two against NFL Properties. After quarterbacks
Jay Cutler,
Michael Vick and
Alex Smith sustained concussions in Week 10 of the 2012 season, the National Football League Players Association (NFLPA) reiterated their plans to have independent neurologists on the sidelines at every game. The 2013–14 NFL season involved an independent neurological consultant per team on the sideline of every game. Concussion guidelines released by the NFL in 2013 mandated a four-stage protocol for concussions, including examinations, treatment and monitoring prior to a return to play. In March 2013, the League proposed a rule to reduce concussions by making it illegal for a ball carrier or tackler to "initiate forcible contact by delivering a blow with the top crown of his helmet against an opponent when both players are clearly outside of the tackle box." However, the proposal was met with criticism from players like running backs
Matt Forte,
Emmitt Smith and
Marshall Faulk. A federal hearing was held on April 9, 2013, in Philadelphia to discuss the League's motion to dismiss the lawsuits brought on behalf of more than 4,500 former players. On July 8, 2013, Judge Brody ordered representatives of both sides of the litigation to explore a possible settlement in the litigation. Judge Brody ordered a report on or before September 3, 2013, regarding the results of the mediation. A proposed settlement was reached in the litigation on August 29, 2013. Under the agreement, the NFL will contribute $765 million to provide medical help to more than 18,000 former players. Retired players who suffer severe neurological conditions such as Alzheimer's and
amyotrophic lateral sclerosis (ALS) diseases in the future will also be eligible to apply for medical help. In addition, $10 million will fund brain injury research as well as safety and education programs. The settlement says it should not be interpreted as a statement of legal liability on the part of the NFL. The settlement, which is projected to protect retired players for nearly 65 years, will compensate injured former players who need immediate help and will provide baseline assessments and medical benefits to those who are symptom-free or beginning to show signs of neurological problems. "I think it's more important that the players have finality, that they're vindicated, and that as soon as the court approves the settlement they can begin to get screening, and those that are injured can get their compensation. I think that's more important than looking at some documents," attorney Weiss said. The settlement also allows a player diagnosed with CTE the eligibility to up to 4 million dollars in compensation. This has been met with criticism of the settlement's structure as it only applies to players diagnosed before the settlement's preliminary agreement and disallows those diagnosed after the approval of the deal in July. The NFL has paid nearly $1 billion in settlements from claims alleging long-term injuries from repeated blows to the head. Courts have examined these claims using a "Trigger" process. This trigger process includes 4 triggers: The "exposure" trigger, the "manifestation" trigger, the "injury-in-fact" trigger, and the "continuous" trigger. The dementia tests that the NFL-approved process used came under scrutiny in 2021, as black players were assumed to have a lower baseline cognitive function than non-black players, making it more difficult to prove dementia in their case. The practice was called "race-norming" by opponents. A lawsuit attempting to overturn the practice was thrown out in March 2021 and the judge ordered the parties to resolve it via mediation. In June 2021, the NFL announced it would end the practice and would form a panel of neuropsychologists to create new, race-neutral standards.
Kansas City Chiefs concussion lawsuit On December 3, 2013, five former NFL players filed a lawsuit against the
Kansas City Chiefs organization: former Chiefs players
Alexander Cooper,
Leonard Griffin,
Christopher Martin,
Joe Phillips, and
Kevin Porter. They wish to know what the Chiefs knew about concussions and when they knew it. This lawsuit is unique and different from the thousands of lawsuits previously filed against the NFL. These players are not suing the NFL, and are instead suing the Chiefs, which is related to the
1987 NFL strike. At the end of the 1986–87 season, the 1982
collective bargaining agreement expired. Without a collective bargaining agreement, the
National Football League Players Association goes on strike during the season, and furthermore decertifies as litigation occurs. Following the
Reggie White lawsuit, the NFL and NFLPA agreed to a new collective bargaining agreement that began in the 1993 league year. For players who played between 1987 and 1993, however, players could sue the team for many of the same reasons the NFL has been sued. The $765 million settlement in August 2013 between the NFL and former players only protected the NFL. "I think all of our clients were disappointed," McClain said of his clients' reaction to the settlement with the NFL. The players suing the Chiefs have all opted out of the settlement from the previous mediation with the NFL. A law unique to Missouri allows certain former NFL players to sue an individual team. The current Missouri law states that employees can sue employers in civil court if the employees declined worker's compensation. The Independence attorney for the five ex-Chiefs, Ken McClain, said, "The lawsuit is allowed in Missouri after a state workers' compensation statute was amended in 2005 to exclude cases of occupational injury that occur over an extended time." The amendment of the 2005 law is set to be changed at the end of December 2013. Martin and McClain have both encouraged former players who are eligible to join the lawsuit before their window of opportunity expires. On December 1, 2012,
Jovan Belcher, a then-current member of the Kansas City Chiefs, shot and killed his fiancée, Kassandra Perkins, before committing suicide in the Arrowhead practice facility parking lot. On behalf of Belcher's and Perkins' daughter, lawyers have filed a wrongful death lawsuit against the Chiefs. Belcher's mother has filed a similar suit accusing the Chiefs of ignoring Belcher's cries for help as he complained of concussion-like symptoms. The first occurrence came against Jacksonville in 2009, where Belcher was knocked unconscious and failed to receive adequate treatment. The second occurrence was against the Bengals in November 2012. The lawsuits allege Belcher "suffered what should have been recognized as an acute concussion." However, one lawsuit continues, "despite exhibiting obvious symptoms, Decedent was never removed from play for evaluation and recovery." The lawsuits also claims Belcher exhibited signs of CTE, including changes in his mood and behavior. On September 30, 2014, it was announced that the brain of former Kansas City Chiefs player Jovan Belcher contained neurofibrillary tangles of tau protein, which is associated with CTE. The tangles were distributed throughout Belcher's hippocampus, an area of the brain involved with memory, learning and emotion. If the findings of CTE come to be true, Belcher's daughter and mother are eligible for up to $4 million under the National Football League's current Collective Bargaining Agreement.
Riddell concussion litigation On March 11, 2016, the family of deceased San Diego Charger defensive back
Paul Oliver sued helmet-maker
Riddell along with its related corporate entities, in the Circuit Court of Cook County, Chicago, Illinois. Shortly thereafter, Pro Football Hall of Fame running back and Super Bowl champion
Paul Hornung, represented by The Brad Sohn Law Firm and
Corboy & Demetrio, filed a related case against these defendants. Now, some 100 former professional players have sued Riddell in the consolidated litigation in Cook County, which alleges Riddell to have conspired with the NFL in creating false science. Riddell's attempt at the same federal labor preemption defense attempted by the NFL failed. The NFL remains subject to discovery in this case, even though it is a non-party. ==Concussions in college football==