Ethics Of Nfl Conscussions

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In September of 2002, after years of claiming his National Football League (NFL) career

caused his dementia, Mike Webster passed away; the autopsy of his brain by Dr. Bennet

Omalu indicated his was the first case of chronic traumatic encephalopathy (CTE) in the

NFL. It would take a decade after Webster’s death for the NFL to be hit with the “NFL

Player’s Concussion Injury Litigation”, involving over 4500 players. Originally, in an

effort to address head trauma during game play, in 1994 the NFL created the Mild

Traumatic Brain Injury Committee (MTBI). Over the next 15 years the MTBI Committee

would go on to conduct research denouncing scientific findings which claimed that

repeated concussions during gameplay led to serious and permanent brain damage.

Regardless of this pursuit, the NFL did privately conclude in 1999 that repeated head

injuries suffered by Webster as an NFL player left him “totally and permanently” disabled.

By 2009 when the league finally admitted publically to the link between football and the

long term effects of concussions, several players had committed suicide and were

posthumously diagnosed with CTE. In addition, dozens of recently retired players

(including players forced to retire) were complaining of a range of brain health issues,

including amnesia, depression and dementia. While the players were aware of the risks of

concussions associated with gameplay, the NFL engaged in practices that exacerbated the

problem, downplayed the risks, and tied player success with the ability to carry on and

play whilst concussed.

The National Football League (NFL), known for its aggression showcased though its

excess showmanship on the field, was hit by the “National Football League Players’

Concussion Injury Litigation” on January 31st, 2012” (Turner et al v. NFL et al, 2014).

The class action lawsuit involves a group of former NFL players (plaintiff) and the NFL

and NFL Properties (defendant) (Turner et al v. NFL et al, 2014). The litigation was first

established in the United States District Court for the Eastern District of Pennsylvania.

Throughout 2012, further complaints and amendments were filed. After the defendant’s

motion to dismiss was denied, the parties were ordered to mediation and were appointed

Judge Phillips by the Courts (Turner et al v. NFL et al, 2014). The following two months

consisted on the counsels engaging in lengthy negotiations. On August 29th, 2013, a

settlement was reached. The NFL and NFL Properties were responsible for paying up to

$765 million in damages to retirees. Following, Judge Brody denied the cap due to

possibilities of it running dry. Negotiations then continued until a final settlement was

constructed and sent through the court of appeals. On April 22, 2015, final approval was

granted (Turner et al v. NFL et al, 2014).

Chronic Traumatic Encephalopathy (CTE) is a progressive neurodegenerative disease that

is caused by chronic repetitive head trauma. It was first described in 1928 when it was

discovered in the brains of boxers (Yi et el, 2013). The nature of progressive diseases is

that its effects will accumulate over time and therefore, significant or overt symptoms are

not seen until an individual has reached old age typically over 60 years of age. In some

case, onset of symptoms can occur when an individual is in their 30s or 40s. The

degenerative damage is associated with memory loss, cognitive dysfunction, impaired

judgment, aggression, depression, suicidality, and dementia (Baugh et al, 2012).

Although the NFL settlement has been an ongoing negotiation for several years, it is

important to remember the catalysts for this controversy. Mike Webster, patient zero of

CTE, as well as the other men who have succumb to the disease, have played a crucial role

in the development of the settlement (Dale, 2015). Although Mike Webster is considered

the first case of CTE, it has been discovered in many NFL retirees such as Junior Seau,

Terry Long, Andre Waters, and many more have taken their own lives due to the effects of

CTE (Breslow, 2015). Although it wasn’t until the death of NFL retirees that brought

attention to CTE, several living NFL retirees have played a key role regarding the

development of this case. For example, Kevin Turner, and Shawn Wooden are both class

representatives of the settlement (Belson, 2015). Both Kevin and Shawn understood the

implications of having their names on thousands of documents pertaining this case. Both

men were willing to fight for justice and represent their colleagues in the face of the NFL

(Belson, 2015). Another key individual regarding this case is Chris Borland. Being a

prospect rookie, Borland decided to retire after only a year in the NFL due to fears of CTE,

dissolving his four-year $3million contract and $600,000 signing bonus (Fainaru, 2015).

After walking away from such a significant amount of money, Borlands’ actions displayed

the reality of CTE, and the long term health implications inherent in playing in the NFL.

Despite the many intricacies regarding this case, as well as the many revisions to the

settlement, the NFL finally came to an agreement. Although a deal was made, the question

remained of who is entitled to compensation, and in what amount. As outlined in the

settlement agreement, the individuals eligible for compensation include retired NFL

players as of July 7th, 2014, players who were formally on any roster and no longer under

contract to a member club, legal representatives of incapacitated players, and the families

of deceased players (Turner et al v. NFL et al, 2014). However, NFL players who are under

contract after the July 7th, 2014 date are not eligible for the benefits of this settlement

(Turner et al v. NFL et al, 2014). Given the constraints of eligibility regarding this

settlement, it is predicted that approximately 20,000 NFL retirees will be covered by this

plan. Although the players may be covered, an estimated 5,900 players will be sick enough

to qualify for compensation, however only 3,600 of them will receive a cash reward (Dale,

2015). Given the previously discussed payment grid, the average amount received by

players over the 65 year plan will average out to around $190,000 per player (Mihoces,

2015). Although covered by the devised program, several NFL retirees have decided to

opt-out of the plan for various reasons, whether they be personal, or to legally pursue the

NFL for damages, independently (Mccain, 2015).

There are many future implications for the NFL and professional sports as a whole upon

settlement of this case. (Almasy, 2015). Since the discovery of brain injuries caused by

repetitive head contact, as well as the case settlement, Pop Warner, the largest youth

football program in the United States has experienced a 9.5% drop in enrollment from

2011 to 2013 (Fainaru, 2013). With the development of brain related injuries in football,

parents are becoming more reluctant to enroll their child in the sport (Gordon, 2014). With

declining enrollment in relation to the settlement, the NFL is concerned about the future of

the organization, and potentially the sport as a whole (Brill, 2013). This case will serve as

precedent for football related brain injuries and may carry over the affect injuries incurred

in other sports.

Player assumes risks by signing NFL contract

Whenever a player signs a contract to play for an NFL team, they are accepting the risks

involved with the sport. Since there is no way to directly link any medical issue to the

repetitive head trauma an average player would suffer by playing, it is almost impossible

to put the league at fault. Currently, each player signs a contract that discloses that they are

responsible for their safety while engaging in the sport. Although the NFL is responsible

for the well being of players during the game, there is still some responsibility that the

player needs to take for their actions. Players are aware of the risks involved in playing in

the NFL. Additionally, these cases are coming up years after the players have retired from

the league. Therefore, there is no absolute knowledge of the way of life players will

engage in post retirement, leaving the possibility of post football life as the cause of health

problems.

The timing of the health issues that are arising is something that is questionable as well.

CTE, as mentioned earlier, is not detected in players until an autopsy has been completed

once a player passes away. (cite) Upon retirement from the NFL, players are engaging in

multiple activities that could also cause CTE. There is no way to isolate activity in NFL

from activity post retirement. Therefore, the lack of distinction brings the cause of CTE

into question.

Lastly, players are more than adequately compensated for the additional risk they are

taking on as NFL players. The compensation is also viewed as an exchange from the NFL

to the players for their work and involvement in the NFL. This can be compared to any job

that involves high contact or risk and may be physically or mentally demanding. The

players are therefore paid adequately for the risks that they incur and any health concerns

that arise post retirement.

Precedent Cases

Football is not the only sport that involves players tackling each other or subjecting their