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.

1. IN Re: NATIONAL FOOTBALL LEAGUE
PLAYERS’CONCUSSION INJURY LITIGATION
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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
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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
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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
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6. Science on Brain Injury
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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)
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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.
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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
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10. Liability
Evidence related to what the NFL knew or should have known about the risks
of brain injury:
•1900s – Boxing
• “Chronic Boxer’s 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
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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 (Spouse’s
claim)
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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
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13. THE END
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