Patrick Hruby: The NFL Concussion Settlement Is Pure Evil

EDITOR’S NOTE: Halloween is almost here. And once again, Patrick Hruby pulls back the curtains to expose more nasty details on the NFL Concussion Lawsuit Settlement offer. Patrick has given us permission to post his latest findings and scare our readers. The more you dig, the worse the offer gets – as Patrick says, it’s PURE EVIL.

We can only hope that Judge Brody gets an earful of objections during the hearing in November. H/T to VICE.

NFL Dr Evil Big Bucks

Apologies to Austin Powers, Mike Myers and Dr. Evil!

The NFL Concussion Settlement Is Pure Evil

October 28, 2014 | Patrick Hruby

Ken McClain figured the National Football League was preparing to screw his clients. Question was, just how badly?

A Kansas City-based attorney, McClain represents two dozen former professional football players in their mid-30s to 60s whom he says suffer from depression, impulsivity, and other life-altering symptoms of brain damage — damage presumably accumulated during years of on-the-job helmet-knocking. In theory, all of them ought to be covered by the proposed NFL concussion lawsuit settlement; a multimillion dollar class action agreement that promises to compensate ailing retirees and is moving toward final approval in federal court.
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League of Denial: The NFL’s Concussion Crisis

Available once again from PBS’s FrontLine series. If you haven’t had an opportunity to watch this already, here’s the full-length documentary League of Denial: The NFL’s Concussion Crisis.

And a short post from the Neurologic Rehabilitation Institute’s Rolf Gainer posing a question George Visger has been trying to ask NFL Commissioner Roger Goodell:

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FYI: You Can Still File Objections

Objection

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 BrainLine.org: 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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