Plaintiffs Respond to NFL’s Motion to Dismiss Brain Injury Raps

motion to dismissIn their recent efforts, the former NFL players who are suing the league finally responded to trash the NLF’s bid to dismiss the case.

According to previous news reports, NFL filed a motion to dismiss the lawsuits last August and repeatedly stated publicly that it did not intentionally mislead the players and has in fact tried to better protect their health.

Consequently, the players filed a brief last October 24 before the U.S. District Court of Philadelphia asking the judge to reject the said motion to dismiss the lawsuits. The players contest the league’s framing of the cases as a labor issue that should be regulated by the sport’s collective bargaining agreement instead of the legal system.

The players contest on the said brief that relevant CBAs did not cover long-term brain injuries, that the NFL committed fraud by not unveiling the risks of repeated head trauma, and that the league has a common law duty to protect players.

The brief further explained that the league knew very well that players were exposed to risks of severe brain injuries and yet did nothing to prevent them from occurring. In addition, it even failed to warn players about the dangers of concussive and sub-concussive impacts and did not advocate preventative measure changes and worse, it failed to implement equipment standards adapted for brain injury.

Furthermore, the brief also stated that on the league’s watch, football has become the site of probably “the gravest health crisis in the sports world.”

Apparently, the league is trying to go for an out-of-court settlement while the plaintiffs are exerting much effort in bringing up the case to higher courts.

So far, there are more than 100 concussion lawsuits filed against NFL before the U.S. District Judge Anita B. Brody. Therefore, the future of this trial depends on Judge Brody’s decision whether to dismiss the case or send it back to lower courts for trial, suggested by a Los Angeles injury attorney.

Another Former NFL Player Wishes to Donate Brain for Brain Injury Study

The former NFL player, Junior Seau, was found dead last May 3 with a gunshot on his chest. According to authorities, apparently, it was a self-inflicted shot. Therefore, suicide was seen as a factor to the incident.

The 43-year-old former football player had a standout career as a Pro Bowl linebacker during his 20 seasons in NFL. He played for San Diego Chargers and exited the league in 2010.

Seau’s suicide served as a reminder of last year’s incident when another former NFL player, Dave Duerson, committed suicide due to his unbearable sufferings caused by brain injury. Duerson left a suicide note, saying that he wanted his brain to be donated to science.

Many speculated that the same reason provoked Seau to end his own life, since the legendary linebacker during his football career suffered a number of hits to the head.

The only difference with Seau’s death from Duerson’s was that Saeu did not leave a suicide note. However, San Diego Chargers’ chaplain, Shawn Mitchell, said that Seau’s decision in shooting himself in his chest led the team, as well as Seau’s family, to a conclusion that the former player definitely wanted his brain to be donated to science for brain injury study.

In an interview, Mitchell said that Seau’s family will allow researchers to study the former NFL player’s brain for possible brain injury and damages.

Aside from the former players who committed suicide, other living players publicly declared that that they also want their brains to be donated for further study to the Center for the Study of Traumatic Encephalopathy at Boston University once they died.

Last Thursday, at least 100 more players added their names to the growing list of former and current NFL players who filed a brain injury lawsuit against the league.

During his lifetime, Seau never participated in any of the pending lawsuit against the NFL but no one can ever tell if his family in would never raise a claim, particularly if researchers prove that there was evidence of concussion in Seau’s brain.

Football players and boxers are the not the only athletes at risk of brain injury, but hockey players as well. In fact, in the previous years, 28-year-old professional hockey player Derek Boogaard and 45-year-old former NHL player Bob Probert were found to have a trace of brain injury in their autopsies following their death.

Brain injury can actually ruin one’s life, causing paralysis and sometimes death. The condition may be treated, but will take a long period of time and a lot of money. Therefore, victims have to first mount a claim in order to get the right compensation that they need to remedy their illness. Definitely, victims have to make sure that they have the best legal representative, like a Los Angeles personal injury attorney, in raising a claim so that all their efforts would not be wasted.

Panel of Judges Consolidate Head Injury Lawsuits Filed Against NFL

panel of judge rulingOn the last day of January 2012, the panel of judges ruled over the lawsuits filed against the NFL in different states to be consolidated at the Federal court of Philadelphia.

The three-page decision was made by the judicial panel on Multi-district Litigation. The ruling states that the new location will bring convenience to the parties and witnesses for a smooth litigation process.

The consolidated cases would be held at the Eastern District Court of Philadelphia before Judge Anita B. Brody.

The panel also noted in the rulings that the subject actions share real issues coming from allegations against NFL stemming from the injuries sustained by both former and current players from playing professional football.

Since last year, hundreds of players including stars like Jim McMahon, Jamal Lewis and some of the player’s wives have filed lawsuits against the NFL in more than dozen complaints. Allegedly, the NFL ignored and tried to hide the consequences of head injuries just to promote the game.

Several lawsuits have been filed in California, New York, Florida and New Jersey but the panel ruling is focusing on four lawsuits – the one filed in Philadelphia and the three in California. Recently, additional sixteen complaints have been filed against NFL but the league denied all claims.

The NFL might be in a huge brawl against their former players for failing to exercise their duties to perform guidelines and mandatory rules regulating proper head injury medical treatment. Moreover, they also failed in facilitating the return-to-play standards for players who suffered head injury from the game.

Any head injury will definitely become disastrous. It might bring paralysis or even early death. There are no certainties about the immediate effects of a head injury but whatever results it would have, it is absolutely catastrophic.

In the event that your head strikes or hits a hard object, like that of a football wound, you can have a personal injury claim against the person who has been negligent thus causing the damage. Victims are advised to seek the legal service of an expert lawyer like an injury attorney Los Angeles to support your complaint.

A New Hope for Unconscious Brain Injury Patients

Brain injury can be classified together with several dimensions. It could be destructive, fatal or could lead to permanent disability.

Detail from a conducted study was recently published stating that they had created measurements of electrical pulses in the brain to conclude whether a patient was conscious or not.

The electroencephalogram (EEG) method does not cause any pain to patients and functions by means of attaching electrodes to the patient’s head.

Sixteen patients from Addenbrooke’s Hospital at Cambridge and University Hospital of Liege in Belgium were involved at the said research. Each patient was diagnosed as being in a vegetative state or having dull or excessively immobile lifestyle.

Patients were asked to think about moving their right hand or toes. Research found out that three of the patients could repeatedly follow instructions.

According to said research, many areas of the brain that activate when a patient performs a movement also activate when they think of doing it.

Researchers said that those three patients that were able to repeatedly move their hands and toes as instructed were conscious. As a matter of fact, one of those three patients was able to do it for more than a hundred times.

Researchers were excited for the result of their study. It’s really something they should be proud of. Now they can assess many more patients with brain injuries to determine if they can detect hidden awareness.

It’s a great innovation giving a new hope to the family and love ones of many patients with brain injury. Hopefully this would eventually help patients to recover from their state of unconsciousness since most of those patients aren’t entitled for brain injury claims.