FYI: You Can Still File Objections


Well, as much as we’ve heard from so many sources about Opting Out and Objecting to the NFL Concussion Settlement Offer deadline including major media and even some attorneys, we’ll admit that we also misunderstood the actual deadlines. Turns out the drop-dead final date to file your Opt Out paperwork was officially this past Tuesday, Oct. 14, 2014. There was a hearing last week on Thursday and Judge Brody refused to extend the deadline. It was also interesting that this past Monday was a postal holiday (Columbus Day) so many of you had to wait until Tuesday the final day to send in your postmarked Opt Out forms (was it a coincidence that the deadline was selected to be the day after a postal holiday?).

But the deadline for filing Objections was NOT also on Oct. 14, 2014! Turns out you can still file an objection (or add your name to one that’s already been filed officially) right up until the “Fairness Hearing” to be held on Nov. 19, 2014! At that hearing, Judge Brody will be hearing objections and details on key issues that many of the plaintiffs and their attorneys view as egregious and one-sided.

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Thomas Jones: What a Concussion Feels Like

From Retired player, Thomas Jones (Arizona Cardinals, Tampa Bay Buccaneers, Chicago Bears, New York Jets, Kansas City Chiefs 2000 – 2011), talks about what a concussion felt like. Nothing more needs to be said – everyone needs to watch this very personal interview. Wish he could be speaking at the concussion hearing in November…

George Visger: Brain Injury Radio Interview

George_VisgerSMGeorge was a guest on Kim Justus’ Brain Injury Radio Show on BlogTalk Radio Wednesday evening. The interview covered a wide range of topics not the least of which was his take on the NFL Concussion Lawsuit Settlement offer and what wasn’t in it for players like him.

Last Call to Opt Out or Object

missing-the-trainEDITOR’S NOTE: This is now the 11th Hour. If any of you retired players have been considering Opting Out and/or filing an Objection to the NFL Concussion Lawsuit Settlement Offer. today is the final day to submit your paperwork. It has to be postmarked Oct. 14, 2014. The folks at NFL Concussion Settlement FACTS have provided us with an outline on your options and instructions on how to do this, including sample paperwork you can download, print and fill out for submission. You can file a short version of an Objection by agreeing and countersigning the Objection filed earlier by Molo Lamken for a group of players that included Sean Morey, Alan Faneca, Ben Hamilton, Robert Royal, Jeff Rohrer, Sean Considine and Roderick “Rock” Cartwright . By signing on to this Objection, you will not automatically establish an attorney-client relationship with MoloLamken LLP. You can still support the Objection without the firm being your lawyer.

Class members who believe that the Settlement provides them with adequate compensation for the injuries they have suffered and who want to participate in the Settlement need to nothing until after the Court decides whether to approve the Settlement. If approved, participating class members will have to register with the claims administrator as required by the Settlement procedures. If you decide to participate in the Settlement, you will be eligible to receive an award and qualify for the Baseline Assessment Program, but you will not be able to sue the NFL for any injuries related to MTBI – even injuries not compensated under the Settlement and even injuries that you do not yet know of.

Class members who want to exclude themselves from the class must submit an opt-out request by October 14, 2014. If you opt-out, you will not be bound by the Settlement Agreement. Thus, you could bring (or continue) your own lawsuit against the NFL for your MTBI-related injuries. If you late receive a qualifying diagnosis, however, you will not be eligible for payment under the Settlement. Nor will you be able to participate in the Baseline Assessment Program.

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Gregg Bingham: Damned if You Do…

We posted a while back about Gregg Bingham (Houston Oilers 1973 – 1985) and what was likely a football-related stroke-induced coma and subsequent rehab in 2009 (click HERE to read that earlier post and click HERE to read the story from the Houston Chronicle). Gregg sent us a copy of his doctor’s report to share with our readers and to make another point about why he Opted Out of the NFL Concussion Settlement offer.

Gregg-B-Surgery“Patient was found confused, sitting in a closet at his place of employment; found lethargic, bradycardiac and diaphoretic. CT scan of the head and brain notes a right occipital lobe intraparenchymal hemorrhage measuring 5.7 cm in the anteroposterior plane, 4.5 cm medial lateral plane and 9 cm in the craniocaudal plane with extension of this hemorrhage into the right lateral ventricle completely filling the anterior horn and left lateral ventricle and filling the third and fourth ventricles. The patient does not have hydrocephalus. The patient does have mild swelling with loss of sulci in the right hemisphere.

“Additionally noted, 2 lesions of increased attenuation juxtaposed to this hemorrhage, one measuring 1.7 cm in diameter at the posterior margin of the hemorrhage and another measuring 1-cm in diameter on the medial margin of the hemorrhage that was juxtaposed to the faux cerebri. The basilar cisterns are patent. There are no signs of impending herniation.

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George Visger: Another Reason the Concussion Lawsuit Needs to Go to Trial

EDITOR’S NOTE: In this world,nothing goes unrelated.

George Visger has been proactive in reaching out not only to retired professional football players about the impact of long-term brain injuries but to all victims of TBIs, including those in military, accident and school athletics injuries.

George Visger has been proactive in reaching out not only to retired professional football players about the impact of long-term brain injuries but to all victims of TBIs, including those in military, accident and school athletics injuries.

This past week, he had several conversations and e-mail exchanges with Debra Pyka, mother of Joseph Chernach, a young man who committed suicide at the young age of 24 in 2012. Debra contacted Judge Anita Brody’s office at the US District Court in Philadelphia and sent a letter directly to her office about her son’s death and how she was disappointed that the NFL Concussion lawsuit had not been allowed to go to trial; Debra had hoped that the League might have be forced to disclose what they knew about brain injuries and when they knew it.

We’re attaching a copy of the Stage 2 & 3 CTE diagnosis report from Dr. Ann McKee of Boston University as well as a copy of the letter Debra Pyka sent to Judge Anita Brody earlier this week. Continue reading

John Hogan: If it smells like…

Horse_ShitThis Blog is about the only source where retired players have been able to read about the deficiencies of the settlement from an objective source.

While other sites have pushed the settlement, they do not always reveal the fact that they have a significant stake in the successful outcome of the settlement. Some have played on sympathy – saying that players like Turner and Gleason need the money. Yes, surely they do. However, if there is a connection between head injuries in football and ALS – and the NFL could be found liable (which is not necessarily a sure thing) – their cases would be worth hundreds of millions of dollars, not five million.

Despite numerous efforts to inform retired players about the proposed settlement, it seems clear to me that many do not fully understand it; and perhaps many younger retired players who show no signs of dementia at this point are disinterested. I predict that in the not-too-distant future there will be numerous lawsuits over the settlement if it is approved, as guys will allege they were not properly informed; did not understand. etc.

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Just One Question to Ask Yourself about the NFL’s Settlement Offer

Wonka_NFLThanks to everyone who has helped share all the information on the NFL Concussion Settlement offer. We just received some more key highlights in an outline format from the folks at Concussion Settlement FACTS that will make it easier to understand some of the most egregious points buried in the offer. There really is only one issue to consider here: DO YOU TRUST THE NFL OR NOT?

After reading these points, you may want to download a copy of the official Opt Out form and send it in immediately before the Oct. 14, 2014 deadline by clicking HERE. Keep in mind, we’re not providing legal advice; if you have an attorney, consult with them.

Some key highlights of the settlement’s deficiency

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George Visger: What Can I Really Expect from the Settlement?

EDITOR’S NOTE: George Visger has been considering what he will potentially receive from the NFL Concussion Settlement offer based on the rules they’ve proposed in their final offer. Many of you already know about George’s lifelong struggle with brain injuries and surgeries that have now left him with no home, no business and a pending divorce. And based on the NFL’s insane qualification rules, George was only credited with one season of play even though he was officially part the winning Super Bowl XVI 49ers in 1981 during his second year.

We consider George to be a poster boy of everything wrong with the NFL’s benefits program and the Concussion Lawsuit Settlement offer. George sent in an overview of his life and some thoughts on the most he’ll be “qualified” to receive under the most optimistic terms. And that’s only if they don’t find – or make up – more rules to continue disqualifying him. Again.

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More Facts on the Concussion Settlement Offer

EDITOR’S NOTE: Just received this from the people involved with NFL Concussion Settlement Facts. Some of these players were listed as objectors in the Objections filed this Monday (click HERE to go to that earlier post to read their objections).

Smell Test meme

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