Breaking Down the NFL's Growing Concussion Lawsuit Rate

Breaking Down the NFL's Growing Concussion Lawsuit Rate

A majority of these suits (most of them are of the concussion lawsuit nature) involve players who are asserting the league is responsible for their severe and chronic injuries, including the legendary quarterback Dan Marino who joined the latest suit, but subsequently withdrew his name.

Marino and 14 other former NFL players filed the lawsuit in a Pennsylvania federal court May 28, joining the ranks of the more than 4,500 other players who have filed similar lawsuits, according to USA Today. Players have accused the league of misleading players as to the long-term dangers of concussions. The plaintiffs and the NFL managed to agree on a settlement of $765 million in August, an agreement that a federal judge rejected in January on the grounds that it would provide insufficient funds to pay all claimants over its lifetime.

There is much speculation about whether the NFL can win the lawsuit or not. To see what the league is confronting, let’s take a look at the official counts listed in the document.

What’s inside the lawsuit

The lawsuit from which Marino withdrew, but the 14 other former players continue to support, alleges several counts of wrongdoing on behalf of the NFL.

1. Fraudulent concealment – The plaintiffs allege that the NFL concealed facts and information that caused them to be exposed to harm. In this case, the information refers to the long-term dangers that players faced from concussions. Under contract law, a plaintiff can recover from a defendant if he or she can prove that the defendant knew about, but concealed a fact in order to deliberately mislead him or her, and that he or she suffered damage as a result.
2. Civil conspiracy – The lawsuit alleges that the NFL “actively, aggressively and deliberately” conspired with team members and contractors to discount the connection between multiple concussions, the NFL’s “return-to-play” policy and long-term health effects of head injuries. Conspiracy generally carries no punishment on its own, but rather allows all members of a conspiracy to be charged with the penalties for the illegal acts carried out as a result. For example, a team owner might hypothetically be charged if it could be proven that he or she conspired with a coach to illegally return players to the field, even if the owner did nothing explicitly against the law.
3. Negligence – Negligence differs from civil conspiracy in that it doesn’t require that the defendant’s wrongdoing be deliberate. The count alleges that the NFL “knew or should have known” that its action or inaction would cause harm to its players, toward whom it assumed a duty. Negligence holds people responsible for acting in a way that someone of ordinary prudence would have in the same circumstances.
4. Damages – A count of damages alleges that the defendant caused the plaintiff to experience costs, loss of earnings and physical or mental suffering as a result of the defendant’s actions. In this case, the damages resulted from the long-term health effects of multiple concussions. Damages come in the form of monetary compensation, and can be compensatory – like in the current case – or punitive.
5. Medical monitoring – This final count describes the monitoring necessary to keep plaintiffs safe as a result of their now greater risk of medical illness or injury. The plaintiffs may require specialized testing that is not generally given to the public.

The lawsuit seeks a variety of damages, attorneys’ fees, costs of suit and further relief as deemed just and proper by the court.

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