CTE, Chronic traumatic encephalopathy in CFL, NFL & NHL vets

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Toppy Vann
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It won't be ethics that stops any violent sport. Lawsuits might. Or they might force change.

If there were death matches, there would be willing combatants. And there would be a paying audience. But our legal system would not tolerate that.

As time goes on it seems less and less violence in sports is tolerated. That suits me as I have no interest in seeing people risk and sustain life threatening injury. I don't mind hard hitting, but truly dislike helmet hits in football and shoulder to head hits in hockey.
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That is the really sad thing - the players need to step up like unions did and demand safe work places for miners, forest workers, loggers etc. Law suits might be the only wake up call or if the public demanded gov'ts step in.

The NHLPA were solid for a strike but the toothless goons soon want to revert to Neanderthal ways to keep goons and only semi decent players in the game.
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Easy to blame the league, but the players should shoulder alot of the blame.
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WestCoastJoe
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http://www.theprovince.com/sports/hocke ... story.html
Boogaard suit points out the bizarre and dangerous culture of hockey goons

By Tim Dahlberg, The Associated PressMay 14, 2013

Derek Boogaard #94 of the New York Rangers fights with Trevor Gillies #14 of the New York Islanders at the Nassau Coliseum on December 2, 2010 in Uniondale, New York.

Photograph by: Bruce Bennett , Getty Images


The lawsuit doesn't read nearly as well as the story, which laid bare the life of an NHL enforcer for all to see. The way John Branch wrote about Derek Boogaard in the New York Times should have been enough to cause even the most hardcore hockey fan to reconsider the peculiar role that goons play in the sport.

It was a sad and troubling tale of a kid growing up in Canada, raised to do just one thing — fight on the ice. A big, hulking man, Boogaard was so good at it that he not only made it to the NHL but had a contract with the New York Rangers paying him $1.6 million a year when he died of an overdose of painkillers two years ago at the age of 28.

Now his family is suing the league, claiming it should have done more to prevent both Boogaard's brain injuries and his addiction to pain pills.

"He was there protecting his teammates at all costs," his mother, Joanne, said in a statement released by her lawyers, "but who was there to protect him?"

Just how much merit the suit has will, of course, be decided in court, though it's worth noting that it had barely been filed in Chicago when speculation began that it could be a forerunner in the NHL to the NFL's burgeoning concussion lawsuit.

Like the story, though, the biggest value of the suit may be that it helps further expose the bizarre and dangerous culture of the enforcer in the NHL. And if that helps lead toward the elimination of hockey goons — and hockey fights — then Derek Boogaard's survivors will have done their job.

We all know hockey players are tough. We see it every night in arenas across North America.

They don't have to fight to prove it. And teams certainly don't need to be paying big guys (Boogaard was 6-foot-7) big money just to have them on hand when it comes time to settle scores.

But fight they do, sometimes at a terrible cost.

Bob Probert was one of the most feared enforcers in the game, playing 16 seasons in the NHL despite struggles with alcohol and drug addiction. He died of heart failure in 2010 at just 45, and when they examined his brain they found he had chronic traumatic encephalopathy (CTE), caused by taking blows to the head.

Reggie Fleming liked to bust heads too, a quality that helped him stay in the league for 20 years with seven different teams. He was also diagnosed with CTE after his death in 2009 after suffering from mental problems for years.

Boogaard wouldn't even make a top 10 list of best fighters, but that was his job, too. According to his family's lawsuit he was involved in 66 fights in his six-year career and he, too, was found to have CTE in a post-mortem exam.

He fought through both the pain and the haze of painkillers. While others scored goals, he bloodied faces. Sometimes it was his face that got bloodied, because that was part of the deal, too.

The NHL, meanwhile, stood by and silently applauded.

Fighting, we're reminded time and time again, is part of the fabric of the sport, at least in North America. It's a time-honoured tradition in the NHL, and it draws fans to the games the same way they go to NASCAR races to see crashes.

There's a website (hockeyfights.com) devoted entirely to the not-so-fine art of fighting on skates on ice, and there are chat rooms where the best fights are analyzed and picked apart.

But times have changed. We're finding out the long-term consequences of repeated blows to the head, and it's not pretty. While the NFL searches — albeit belatedly — for ways to prevent concussions, the NHL still allows its players to trade punches to the head with no fear of repercussions other than a few minutes in the penalty box.

There are other troubling aspects to the Boogaard story, particularly how he was handed pills like they were Halloween candy to help deal with pain and injuries. When he was playing the 2008-09 season for the Minnesota Wild, the suit says, team doctors, dentists and others gave him over 40 prescriptions for a whopping 1,021 pills.

He took Vicodin and Oxycodone for the pain, sometimes by the handful. Then he took Ambien to sleep at night.

Finally he took too many, and was found dead in his apartment in Minneapolis.

The suit by Boogaard's survivors says the NHL had a responsibility to keep him "reasonably safe" in his career and to help him avoid being hooked on pain pills. Others may counter that it is the player's responsibility, not that of the league, but CTE can make the brain malfunction in many ways.

Unfortunately, no one can assure anyone they will be safe playing any sport. That's especially true in hockey, where the combination of speed, power, hard ice and even harder pucks can take a toll on even the best players, who usually avoid fights at all costs.

But hockey can be a beautiful game at the highest level without anyone dropping their gloves. No one fights in the Olympics, yet the gold medal game between the U.S. and Canada in Vancouver was one of the greatest hockey games of all time.

It's a violent sport, yes. But there's no reason anymore for it to be that violent.
These guys have all the courage in the world. They absorb huge punishment. It's their job to fight the monsters on the other team. No warmup. Just go out and fight. No gloves. Bust your knuckles on helmets. They protect their teammates. I have all the respect in the world for them. So many of them are great guys off the ice too. Personally I think allowing fights in hockey diminishes and cheapens the game. But that isn't the only problem the NHL has IMO.
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There is a three part New York Times feature on Boogaard's life and death that I strongly recommend that those of you interested in this topic read. It is available on-line. In fact, I have read recently that Peter Berg is planning on making a film based on these New York Times articles.
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WestCoastJoe
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Benevides Post Practice July 8, 2013

Re the hit on Gore in the game vs the Argonauts ...

"It's one of those hits that we are trying to take out of the game. It's a spear. It's a head down. It's dangerous for both sides when you lead with your head that way."

I agree with Benny. Take those hits out of the game. If the league does not stop them, IMO, lawsuits by injured players, after their football careers are over, will stop them.
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Toppy Vann
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WestCoastJoe wrote:Benevides Post Practice July 8, 2013

Re the hit on Gore in the game vs the Argonauts ...

"It's one of those hits that we are trying to take out of the game. It's a spear. It's a head down. It's dangerous for both sides when you lead with your head that way."

I agree with Benny. Take those hits out of the game. If the league does not stop them, IMO, lawsuits by injured players, after their football careers are over, will stop them.
This statement should be coming from the perp's side. It is too many times and too serious that Argo defensive players are on the giving end of these head shots. If the CFL were serious they'd be demanding responses from the coaching staff of these clubs as to ensure that they are teaching and coaching the right way.

Last year when an Alouette player did something - IMMEDIATELY it was denounced by Als' Coach Marc Trestman. We seem (unless I am missing the news) to never hear absolutely anything from the Argo HC or his DC other than to protest their guy's innocence over and over.

I guess if it was Ricky Ray or one of their top guys getting taken out of a game like that, they'd be just as silent as they are when their players take other team's players out of the game. The good thing is that the rest of the CFL doesn't seem to have that headhunting intent that the Argos have shown for the past two years under Milanovich. The question has to be asked: Why is it always an Argo doing this? Their favourite target last year was Buck Pierce and to me that stuff bordered on the criminal.

Phil Jackson in Sacred Hoops made the case eloquently for respect for yourself and your team as well as respect for the game itself and respect for your opponent. Is that missing in some Argos? Then that is a coaching issue. Even if not said, players know the limits and don't need to be told.

Yes, football has lots of holding and crap going on in the line play and cheap shots at times but head shots should be gone - pure and simple. The irony is that other than taking out a QB or top receiver penalties are not a helpful part of football.

It is almost like there are too many Neanderthals still in football not quite unlike toothless pro hockey execs and coaches who want to keep the barbarism in their game yet the NHL expands into the USA where many fans can't get used to toothless millionaires fighting all the time until a game breaks out as that is how many see the game based on limited experience.
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WestCoastJoe
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http://bleacherreport.com/articles/1732 ... &hpt=hp_c4
Autopsy of Former Ravens Quarterback Cullen Finnerty Reveals CTE

Chronic traumatic encephalopathy (CTE), a degenerative brain disorder found in many former football players, was found to be a contributing cause in the death of former NFL quarterback Cullen Finnerty back in May, according to an autopsy report released Thursday.

Greg Bishop of The New York Times reports that Finnerty's official cause of death was pneumonia caused by the inhalation of his vomit. However, he also asserts that the disorientation and paranoia Finnerty sensed while lost in the wilderness was brought along in large part by heavy doses of the painkiller oxycodone and CTE.

Finnerty, 30, was found dead in Lake County, Mich., in May two days after failing to come home from a fishing trip. At the scene, there were no signs of foul play nor any markings on his body that would have suggested self-harm. He was found about a half-mile away from where he began a solo fishing outing near his cabin in Bray State Forest in Eastern Michigan.

While Finnerty was said to have been drinking, forensic pathologist Dr. Stephen Cohle claimed that it did not contribute to his death.

"Although witnesses stated he had been drinking before he went fishing, his blood alcohol level was negligible and did not contribute to his incapacitation," the autopsy read, according to MLive.com's John Tunison.

CTE, a disease associated with multiple traumatic blows to the head, causes memory loss, dementia and depression, according to Boston University. Though relatively new in its prominence, CTE has been found in higher numbers among athletes, particularly those in sports in which repeated blows to the head are common (such as football and boxing).

A report from ESPN's Steve Fainaru and Mark Fainaru-Wada in January noted that 34 former NFL players had been diagnosed posthumously with CTE. A study done by UCLA researchers this year has also made headway in diagnosing the condition among living players.

Finnerty was a star quarterback at Grand Valley State, leading the Division II outfit to national championships in 2003, 2005 and 2006. A dual threat through the air and on the ground, he became the first player in Division II championship history to ever pass for 200 yards and rush for 100 in the same game.

In a statement released after the autopsy report, via Peter J. Wallner of MLive.com, Grand Valley State claims Finnerty only suffered one concussion during his time at the school. He was not immediately taken out of the game. However, the school did note it went through proper medical channels after taking him out at halftime:

Only one time during his collegiate play at Grand Valley did Cullen suffer a concussion, which was determined to be mild. He was removed from the game shortly after halftime and did not play again that day. He was thoroughly checked by doctors and was later cleared for play in a subsequent game.

Finnerty was unselected in the 2007 NFL draft but later signed with the Baltimore Ravens and was an active member of the roster for two games. He then signed with the Denver Broncos the subsequent offseason but was let go in June of 2008.

Finnerty's last professional football experience was with the Muskegon Thunder of the Continental Indoor Football League.
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Toppy Vann
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When will the CFL and the CFLPA do something to protect players by eliminating all head shots and the TSN Suitor types stop defending players by explaining how it was not really intentional when players do the head shots.

We know the NHL players don't get it yet. They are the band of brothers vs the owners for the money but when it comes to the games these same guys will take their opponents head off in the blink of an eye. The irony for me is that Chris Pronger is still out of hockey. Good player, too young to be out but I recall him doing some cheap shots (not sure of head shots though).
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notahomer
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Toppy Vann wrote:When will the CFL and the CFLPA do something to protect players by eliminating all head shots and the TSN Suitor types stop defending players by explaining how it was not really intentional when players do the head shots.

We know the NHL players don't get it yet. They are the band of brothers vs the owners for the money but when it comes to the games these same guys will take their opponents head off in the blink of an eye. The irony for me is that Chris Pronger is still out of hockey. Good player, too young to be out but I recall him doing some cheap shots (not sure of head shots though).
I like the fact you put the onus on the CFL and CFLPA. That is what has me puzzled about the NFL. Strong class action lawsuits from explayers saying the league didn't do enough and needs to support them more $$$. But, current slate of players WHINES loudly :violin: about the various steps taken. For e.g. offensive players can now be penalized for lowering their head. IMO, these are serious issues and BOTH the leagues (CFL & NFL) and their players need to jointly agree changes need to be made for the long-term safety of the players.

Due to a seizure disorder, I know what its like to have repeated concussions. And, I doubt my issues are anywheres near what a longtime professional football player does to his brain by playing the game he loves...........
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WestCoastJoe
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NFL reaches concussion settlement

AP 1:12 p.m. EDT August 29, 2013

PHILADELPHIA (AP) -- The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday.

The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.

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Many former players with neurological conditions believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image.

The NFL has denied any wrongdoing and has insisted that safety has always been a top priority.

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Senior U.S. District Judge Anita Brody in Philadelphia announced the proposed settlement Thursday after months of court-ordered mediation. She still must approve it at a later date.

The settlement likely means the NFL won't have to disclose internal files about what it knew and when, about concussion-linked brain problems. Lawyers had been eager to learn, for instance, about the workings of the league's Mild Traumatic Brain Injury Committee, which was led for more than a decade by a rheumatologist.

In court arguments in April, NFL lawyer Paul Clement asked Brody to dismiss the lawsuits and send them to arbitration under terms of the players' contract. He said that individual teams bear the chief responsibility for health and safety under the collective bargaining agreement, along with the players' union and the players themselves.

Players lawyer David Frederick accused the league of concealing studies linking concussions to neurological problems for decades.

Brody had initially planned to rule in July, but then delayed her ruling and ordered the two sides to meet to decide which plaintiffs, if any, had the right to sue. She also issued a gag order, so it has been unclear in recent weeks whether any progress was being made.

The lawyers were due to report back to her Tuesday, but Brody instead announced in court files Thursday that the case had settled.

In recent years, a string of former NFL players and other concussed athletes have been diagnosed after their deaths with chronic traumatic encephalopathy, or CTE. Those ex-players included Seau and lead plaintiff Ray Easterling, who filed the first suit in Philadelphia in August 2011 but later committed suicide.

About one-third of the league's 12,000 former players have joined the litigation since 2011. They include a few hundred "gap" players, who played during years when there was no labor contract in place, and were therefore considered likely to win the right to sue.
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WestCoastJoe
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Take note, CFL.

Head shots have to be banned.
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It's a good outcome for the NFL. They can easily afford it, and it will be much more difficult for future concussion suits to succeed.

I expect this decision will have a chilling effect on any concussion-related lawsuits brought by current and future CFL players as well, although retired players could still sue.

It's been acknowledged: football can cause life-changing brain injuries. Perhaps not understood in the past (and hence the success of the NFL case for past players), but is known now. If you still want to play football, you are doing so at your own risk.
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For those interested, there's a nice breakdown of the concussion settlement in today's Pro Football Talk. It's the 7th story in today's edition and is an approximately 7+-minute video by Mike Florio. The title is "Breaking Down the Proposed Concussion Settlement."

http://profootballtalk.nbcsports.com/20 ... n/related/
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http://www.tsn.ca/nfl/story/?id=430834
LEGAL LOOK: BREAKING DOWN THE NFL CONCUSSION SETTLEMENT
Eric Macramalla, TSN Legal Analyst
8/30/2013 4:17:15 PM

The NFL has reached a $765 million settlement with its retired players over concussion-related lawsuits. There were over 220 lawsuits filed by 4500 players, including Tony Dorsett, Eric Dickerson, Mark Rypien, Tony Mandarich, Art Monk, Jim McMahon and Jamal Lewis, as well as the estate of the late Junior Seau.

Make no mistake – these lawsuits fundamentally changed the sports landscape and the sports discussion as it relates to player safety across all sports.

Let's look at some of the key takeaways from the settlement.

Weren't these lawsuits just about players complaining about risks they knew about?

No.

More please.

The key allegation raised by the players was that the NFL concealed information. The players argued that the NFL knew of the long-term neurological impact of headshots and didn't share their findings and information with the players. Players like former Bears QB Jim McMahon knew there was some risk associated with playing football. However, he along with about 4500 other retired NFL players, contend that the NFL had better information about the potentially devastating impact of repeated headshots and deliberately concealed this information from NFL players. 

The players were basically saying this: 'We knew there was some risk of harm with playing football but not this level of debilitating injury.  The NFL, however, knew of the risk and didn't share that with us'.

So concealment is a really important part of these lawsuits?

Yes very important. As important as avoiding picking Alfred Morris in the first round of a PPR fantasy league.

Who would have won at trial?

Can't say at this point. Everything turns on the evidence presented at trial. To win, the players needed to show that the NFL had key information about the long-term and devastating impact of headshots and didn't share that with the players (so back to concealment). They would have needed a smoking gun so to speak.

The NFL had some good arguments defending their position. First, they would have argued that players were aware of the risk associated with playing football and agreed to those risks each time they stepped onto the field. They would have also maintained that they didn't conceal anything. As well, the NFL would have pointed out that no one can say for sure what caused a player's dementia, and even if it was caused by repeated headshots while playing football, how much of that damage was sustained outside the NFL in places like college or high school ball. So what caused the dementia and when it was caused become important issues.

There's more. The NFL argued early on that these lawsuits didn't belong in court in the first place, but rather should have gone to arbitration. The collective bargaining agreement provides that issues of player health and safety go to arbitration and not court. On the flip side, the players argued that since this case involved fraud, it properly fell outside of arbitration and within the jurisdiction of the courts.

Bottom line is this: both sides faced challenges in this case and that's where we generally see settlement.

The NFL is paying out $765 million as part of the settlement? Who wins with this settlement – the players or the league?

The NFL did well. While $765 million is a lot of money, it breaks down to about $4 million per team in each of the first 3 years and then another few hundred thousand dollars per team for the next 17 years. The upfront payment of $4 million is by NFL standards a modest sum of money. To put it in perspective, that's what Falcons RB Steven Jackson will make this year.

There was the potential a jury could have come back with a big monetary award against the NFL in the billions of dollars. This settlement helps the NFL avoid that type of potentially catastrophic award.

So $765 million is a big number.  Very big. But once disbursed across the league's 32 teams, it becomes manageable.

These lawsuits also generated a lot of negative press for the NFL. There were discussions focused on the death of the league. NFL MVP Adrian Peterson declared he didn't want his kid to play football because the sport was too dangerous. By settling these cases, the NFL can now look to change the conversation about football. That's really important.

Ok – how did the players do?

This case was going to settle. It was surprising, though, to see it settle this early. For the players, an early pressure point would have been to force the NFL to produce sensitive documents going back decades. That's something any business would not want to do, including the NFL. Still, the settlement suggests that the players had concerns with their case. Ultimately, though, this is not a bad deal for the players.

Does this settlement mean the NFL is saying they were wrong and liable for this mess?

No. The NFL expressly said that they are not admitting liability.

Why wouldn't the NFL admit guilt?

First – and this is key – they don't want to go on the public record saying they are guilty. If they did, a retired player could sue them and rely on that statement. As you can imagine, an admission of guilt would be a pretty powerful weapon for a plaintiff to use against the NFL. As well, from a PR standpoint, the NFL doesn't want to characterize itself as the villain in all this. Finally, the NFL's position is that they are not responsible. So why admit to something you are not convinced you did.

Wait a minute – retired players could still sue despite settlement?

Yes. The settlement agreement will bind about 18,000 retired NFL players. Specifically, it applies to every NFL player that is retired at the time the Court rubber stamps the settlement agreement. That could happen in the near future.

However, a player has the option to opt-out of the settlement agreement. If a player believes that he can do a lot better filing his own individual lawsuit, he would tell the court and the NFL thanks but no thanks, I'm headed to court. Ultimately, the player would sit down with his lawyers and figure out what makes most sense.

One more point – the Court has to be satisfied that the settlement is adequate and reasonable before it approves it (that's right – the Court has to approve the agreement). If it concludes the agreement is not fair, it may not approve it. So there's another reason the NFL didn't admit liability – what if the agreement is not approved.

Expect the deal to be approved by the court and close to all players agreeing to the terms of settlement.

Will we see new lawsuits filed by current players?

Those would be tough to win. The focus of the retired player lawsuits was that players were unable to make informed decisions about playing football because the league concealed information about the devastating impact of repeated headshots. Today that information is readily available. So it would be very tough for a current player to argue that he did not have enough information to make an informed decision. Don't see it.

So what's next?

Wait and see if any other players opt-out of the settlement and head back to court.

Does this settlement affect my fantasy lineup? Should I have drafted Lamar Miller?

No, your fantasy lineup is unaffected. As for Lamar, he should have a good season as the Dolphins lead back.

A-Rod makes me angry.

That's a separate column.
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WestCoastJoe
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My gut feeling is wise move by the NFL. The league has expressly said they are not admitting liability.

OK move for the players. They get compensation. The problem gets attention. Individuals can opt out and sue.
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