Déjà vu… Again!

In a move that’s sure to sound familiar to most retired players who have tried to access their earned disability benefits in the past, lawyers from both sides of the concussion “settlement” have agreed to the NFL’s proposal to set up two panels to review (and approve or disapprove) appeals. The two players named in this agreement were Kevin Turner and Shawn Wooden – represented by Christopher Seeger of Seeger Weiss LLP – and the League was represented by Brad Karp from Paul, Weiss, Rifkind, Wharton & Garrison LLP.

We all know how fair the NFL always plays when it comes to handing out disability benefits that each retired players has already owned: Run your ass through a long and arduous process, often even finding you 80%+ disabled and then still managing to have their panel unanimously turn you down. Then on and on through and appeals process that you already know is not going to end well. And never mind that one of their original two doctors on their concussion committee turned out to be rheumatologist (who got his degree from Mexico!) Read that earlier post by clicking HERE.

But what does Weiss know or even care about the long history of abuse to the players? They’re already too busy fighting with the other lawyers over who’s going to get a bigger piece of the $112 million in legal fees that the NFL dangled in front of their noses.

And BTW – Something else we’ll probably post more about next week: Where the hell is DeMaurice Smith and the NFLPA in all of this? Ya think that maybe he’s believing what Gene Upshaw used to say? “I don’t work for the retired players!”

Selection of Appeals Panel/Doctors on Scribd


Déjà vu… Again! — 2 Comments

  1. Don Brady Pointing

    The below excerpts are from my article entitled:

    Why a concussion/brain injury evaluation needs to be both extensive and comprehensive?

    The corresponding link to this article follows:


    1- The adverse effects of a concussion are pervasive…and not limited to a few areas of the brain…as any part(s) of the brain may be damaged…thus more concussion symptoms will be readily noticed such as migraine headaches, multiple vision issues, slowness in thinking, mental fatigue and speech…when looking for these and other symptoms.

    2- Given the possibility of numerous and pervasive concussion-related symptoms emerging, an extensive concussion/brain injury evaluation needs to be conducted by a multidisciplinary team of qualified and conflict of interest free professionals whom assist in ruling in and ruling out the presence of adverse concussion symptoms.

    In addition, the absence of measured symptoms is not evidence that no concussion symptoms exist. Clinical observations along with corresponding tests used may not be sensitive enough to adequately detect and measure actual brain dysfunction/ impairment…

    3- Damasio (1994), during a case presentation in which he discussed a particular patient, also noted problems with tests not being sensitive enough to adequately measure brain dysfunction/ impairment; he declared that:

    “a problem here lies with the test, not with the patients. The tests simply do not address properly the particular functions compromised and thus fail to measure any neurocognitive decline” (p. 41).

    4- A similar perspective pertaining to false conclusions was shared by McClelland (1996) when he cautioned, “…the absence of evidence is not evidence of absence” (p. 566).

    This view was reiterated by Gronwall (1991), who stated, “…it is impossible to prove the null hypothesis. Failure to show a deficit does not prove that no deficit exists, and the neuropsychologist [and other evaluators] have a responsibility to make sure that appropriate tests for assessment are selected” (p. 257).

    Don Brady, PhD, PsyD, NCSP
    Licensed Clinical Psychologist

  2. Dr. Harry March

    You can’t compare De Smith to Upshaw. Upshaw was a complete and utter thief who always managed to find a way to benefit himself every time he was required to get any money for the rank-and-file.

    But De Smith is so low on the food chain that he became Goodell’s prop to demonstrate his brilliance when sitting next to him! Smith got a job for life with good dollars. He’s more than content to be a stooge just by selling out the rank-and-file every time.

    Goodell and Smith Show

    In the real world, he would be lucky to be a government lawyer. There never was a place for him in Obama’s administration. He’s a joke.

    “Dr. Harry March”

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