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Hausfeld LLP NFL presentation on concussion litigation

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Robert Lee
Robert Lee

As presented by Rich Lewis from Hausfeld LLP at the Second Annual Independent Football Veterans Conference held April 20 -22 2012 in Las Vegas at the South Point Resort.

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IN Re: NATIONAL FOOTBALL LEAGUE PLAYERSCONCUSSION INJURY LITIGATION 1
STATUS of the MDL On January 31, 2012, the United States Judicial Panel on Multidistrict Litigation (MDL) issued a Transfer Order, finding that the various concussion suits filed, involved common questions of fact, and that centralization under Section 1407 in the Eastern District of Pennsylvania [would] serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. MDL Transfer Order (Docket No. 31), MDL No. 2323 2
Judge Anita Brody The MDL concluded United States District Court Judge Anita B. Brody would be the Judge assigned to guide the concussion litigation through pretrial proceedings. MDL Transfer Order (Docket No.31), MDL No. 2323 3
4
MDL Statistics 44 Concussion related cases have been filed to-date. Over 1,200 NFL Retirees have been named as Plaintiffs. Personal Injury Medical Monitoring 5
Science on Brain Injury 6
Science of Football Related Brain Injury Case Studies, Autopsies, Neuropsychological Studies, Brain Imaging Studies Not just single concussions, but multiple sub- concussive blows to the head Multiple studies show playing football increases the risk of brain injury: Dr. Daniel G. Amen (2011) Brian Imaging (increased rates of dementia) Dr. Julian Bailes (2009) (increased rates of depression) Dr. Guskiewicz (2006) (increased memory loss, and early Alzheimers) 7
Science of Football Related Brain Injury The results of this study suggest that playing professional football is associated with a significantly higher risk for permanent brain damage. Impact of Playing American Professional Football on Long-Term Brain Function, Daniel G. Amen, J Neuropsychiatry ClinNeurosci 23:1 (Winter 2011) at p. 104. 8
Science of Football Related Brain Injury Chronic traumatic encephalopathy (CTE) is a progressive neurodeneration clinically associated with memory disturbances, behavioral and personality changes, parkinsonism, and speech and gait abnormalities There is overwhelming evidence that the condition is the result of repeated sub-lethal brain trauma that often occurs well before the development of clinical manifestations. Chronic Traumatic Encephalopathy in Athletes: Progressive Tauopathy After Repetitive Head Injury, Ann C. McKee, MD, J. Neuropathol Exp. Neurol, Vol. 68, No. 7 (July 2009), at p. 732 9
Liability Evidence related to what the NFL knew or should have known about the risks of brain injury: 1900s Boxing Chronic Boxers Encepalopathy, Punch Drunk 1970s & 1980s Case reports were published on football players 1980s Studies were done showing increased risks of brain injury Players were being sent back to play when still at risk Neuropsycological assessment was available to detect mild brain injury 1990s & 2000s NFL MTBI Committee Further development of scientific knowledge 10
Personal Injury Claims Medical Monitoring Claims Seek monetary compensation Seek Court supervised fund for brain injuries on an for medical testing to individual basis evaluate brain damage Damages include: Pain and suffering To facilitate early diagnosis Loss of quality of life and better treatment Diminished work capacity Usually done on a Class Medical, psyco-social and Action basis behavioral support in the future Loss of consortium (Spouses claim) 11
Hausfeld LLP Football Related Litigation Eller v. NFLPA Retired Players Rights Dryer v. NFL Licensing and Imaging In Re NFL Concussion Litigation Personal Injury Mass Tort Medical Monitoring Class Action Michael D. Hausfeld 12
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Hausfeld LLP NFL presentation on concussion litigation

  • 1. IN Re: NATIONAL FOOTBALL LEAGUE PLAYERSCONCUSSION INJURY LITIGATION 1
  • 2. STATUS of the MDL On January 31, 2012, the United States Judicial Panel on Multidistrict Litigation (MDL) issued a Transfer Order, finding that the various concussion suits filed, involved common questions of fact, and that centralization under Section 1407 in the Eastern District of Pennsylvania [would] serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. MDL Transfer Order (Docket No. 31), MDL No. 2323 2
  • 3. Judge Anita Brody The MDL concluded United States District Court Judge Anita B. Brody would be the Judge assigned to guide the concussion litigation through pretrial proceedings. MDL Transfer Order (Docket No.31), MDL No. 2323 3
  • 4. 4
  • 5. MDL Statistics 44 Concussion related cases have been filed to-date. Over 1,200 NFL Retirees have been named as Plaintiffs. Personal Injury Medical Monitoring 5
  • 6. Science on Brain Injury 6
  • 7. Science of Football Related Brain Injury Case Studies, Autopsies, Neuropsychological Studies, Brain Imaging Studies Not just single concussions, but multiple sub- concussive blows to the head Multiple studies show playing football increases the risk of brain injury: Dr. Daniel G. Amen (2011) Brian Imaging (increased rates of dementia) Dr. Julian Bailes (2009) (increased rates of depression) Dr. Guskiewicz (2006) (increased memory loss, and early Alzheimers) 7
  • 8. Science of Football Related Brain Injury The results of this study suggest that playing professional football is associated with a significantly higher risk for permanent brain damage. Impact of Playing American Professional Football on Long-Term Brain Function, Daniel G. Amen, J Neuropsychiatry ClinNeurosci 23:1 (Winter 2011) at p. 104. 8
  • 9. Science of Football Related Brain Injury Chronic traumatic encephalopathy (CTE) is a progressive neurodeneration clinically associated with memory disturbances, behavioral and personality changes, parkinsonism, and speech and gait abnormalities There is overwhelming evidence that the condition is the result of repeated sub-lethal brain trauma that often occurs well before the development of clinical manifestations. Chronic Traumatic Encephalopathy in Athletes: Progressive Tauopathy After Repetitive Head Injury, Ann C. McKee, MD, J. Neuropathol Exp. Neurol, Vol. 68, No. 7 (July 2009), at p. 732 9
  • 10. Liability Evidence related to what the NFL knew or should have known about the risks of brain injury: 1900s Boxing Chronic Boxers Encepalopathy, Punch Drunk 1970s & 1980s Case reports were published on football players 1980s Studies were done showing increased risks of brain injury Players were being sent back to play when still at risk Neuropsycological assessment was available to detect mild brain injury 1990s & 2000s NFL MTBI Committee Further development of scientific knowledge 10
  • 11. Personal Injury Claims Medical Monitoring Claims Seek monetary compensation Seek Court supervised fund for brain injuries on an for medical testing to individual basis evaluate brain damage Damages include: Pain and suffering To facilitate early diagnosis Loss of quality of life and better treatment Diminished work capacity Usually done on a Class Medical, psyco-social and Action basis behavioral support in the future Loss of consortium (Spouses claim) 11
  • 12. Hausfeld LLP Football Related Litigation Eller v. NFLPA Retired Players Rights Dryer v. NFL Licensing and Imaging In Re NFL Concussion Litigation Personal Injury Mass Tort Medical Monitoring Class Action Michael D. Hausfeld 12