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Concussion lawsuits: Not against the NFLPA… yet

Despite the high number of former pro-football players, over 3,000 at this point in 125 lawsuits, who have joined the lawsuit against the NFL for their alleged negligence in protecting players from concussions, the teams and the NFLPA have avoided being named as defendants.

Who are the defendants?

The NFL will file a responsive pleading before the 30th of August and hopes that this will dissolve all the concussion lawsuits in one move.  The argument is that, because they have a collective bargaining agreement with the players, medical care is not subject to litigation.  The NFLPA and the teams have not been targeted by the lawsuits, and are hoping not to be dragged into something that could end with huge damages payed out to players.

NFLPA not yet in the clear

Right now it looks like the case is stronger against the NFL than against the NFLPA because the NFL formed the Committee on Mild Traumatic Brain Injury in 1994.  By volunteering to research concussions and dictate policy, the NFL was taking on a stronger role.  The NFLPA did not create the committee, but has been agitating for a bigger role in being actively involved and possibly had access to the information gathered in research.

It is possible that the litigation brought by the 3,250 plus former pro-football player plaintiffs against the NFL could expand to include the NFLPA.  At this point there is little evidence pointing to the NFLPA or the teams, but if the suit continues, more information about their culpability could be revealed in the discovery process.  If the suit is dismissed, it’s possible that the players will simply shift the litigation to go after the NFLPA.

NFL Concussion Lawyers

The NFL Concussion Lawyers at the Strom Law Firm are currently accepting cases involving brain damage and concussions for former players. Call today for a free consultation. 803.252.4800



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