Retired Players' Lawsuits Next Hurdle for NFL
With the lockout situation resolved and opening day just a few weeks away, the NFL avoided disaster. However, lawsuits have been filed by former players against the league, claiming that the NFL intentionally withheld information concerning the effects of concussions from the players. The first lawsuit that seeks certification as a class action, filed in Philadelphia federal court last week, claims that the NFL taught the players to tackle with their heads, while knowing that such hits could cause serious neurological damage. A copy of the Complaint can be seen here.
These lawsuits will be difficult for the players to win. For starters, many retired players already receive benefits through the league's "88" plan and are subject to the collective bargaining agreement. The agreement should have been drafted to preclude additional claims such as those brought in the lawsuits. The NFL can also assert that the players assumed the risk that they would suffer head injuries, as football is a violent sport.
Notwithstanding the merits, class action lawsuits are expensive to defend, and given the bad press the NFL has received for its treatment of retired players, the NFL should seriously consider settling these lawsuits, and provide greater medical care for the retired players.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.