SPORTS: MEDICINE : MEDICAL: CONDITIONS: CONCUSSIONS : LAW: CASE: DECISIONS : SPORTS: FOOTBALL: PROFESSIONAL : MEDICAL: DISEASES: DEMENTIA: The NFL Concussion Settlement

[David P. Dillard]

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SPORTS: MEDICINE :

MEDICAL: CONDITIONS: CONCUSSIONS :

LAW: CASE: DECISIONS :

SPORTS: FOOTBALL: PROFESSIONAL :

MEDICAL: DISEASES: DEMENTIA:

Mixed Feelings Over N.F.L. Concussion Settlement

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Mixed Feelings Over N.F.L. Concussion Settlement

By SCOTT FUJITA

Published: September 2, 2013

New York Times

http://www.nytimes.com/2013/09/03/sports/football/
mixed-feelings-over-nfl-concussions-settlement.html

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A shorter URL for the above link:

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http://tinyurl.com/qawvz2y

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In my last few years as an active player, between lockout negotiations
and the so-called bounty scandal involving the New Orleans Saints, I
received an unexpected, accelerated education in the basic mechanics of
settlement discussions. Im by no means an expert, but I learned that there
really arent many surprises. Show each side the perceived holes in its
argument, provide an ample threat that invokes a dash of fear, then dangle
a carrot that each party finds hard to resist.

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What we saw Thursday was no different. There was the possibility of an
expedited discovery process, closed-door arbitration and the exclusion of
a chunk of former players. And Im guessing there were not-so-subtle
reminders that causation proving a plaintiffs current health problems
were directly caused by a head injury sustained while playing in the
N.F.L. is a heavy burden to meet in a court of law.

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Pair all of that with the chance to close the door on a public-relations
nightmare and an opportunity to ease the suffering of so many former
players and their families sooner rather than later, and youve got a deal.

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I wasnt a part of the lawsuit. I was approached about it, as Im sure every
player who retired in recent months had been. But I could not, in good
conscience, participate and risk watering down a potential award for so
many people who are legitimately suffering. There are numerous former
players experiencing a wide range of brain-related health issues. Right
now, Im not really one of them.

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I imagine most N.F.L. clubs jumped at the opportunity to settle for
roughly $1.5 million a year for the next 20 years. Its fairly easy to
cover that expense. Just pay 15 players $100,000 less each year in salary.
Or raise in-stadium beer prices a few bucks. Problem solved.

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No apologies made. No skeletons revealed. Back to business as usual.

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A very worthwhile investment.

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But is this not an issue of public safety, especially when it comes to
children? Did the plaintiffs not deserve to discover exactly what was
known by the N.F.L. about head injuries, and when? What about the public?

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In recent years, there has been so much energy exhausted attempting to
vilify players for delivering the big hits they have been forever
encouraged to dish out. They were asked to change the way they had been
taught to play the game, almost overnight, and most are trying to adapt.
In the N.F.L.s defense, players must adapt. But now former players will
not even get to ask questions of someone like Dr. Elliot Pellman, the
longtime chairman of the leagues research committee on concussions.

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The complete article may be read at the URL above.

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Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jw...@temple.edu
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