Nov 12

First Look at the Tentative NHL Concussion Settlement

This is going to take two installments.  Here’s the first one.

Also on today’s docket–Derek Helling revisits an 1857 Supreme Court decision.

Why are we still treating college athletes as less than human?

In 1857, the Supreme Court of the United States of America acted as the mouthpiece of a society which clammored for the reinforcement of economic traditions along with class and race barriers. In 2018, the NCAA fills much of the same role in its adjudication of similar duties. With the convictions of Christian Dawkins, James Gatto and Merl Code Jr. on the charges of conspiracy to commit wire fraud and wire fraud in a Manhattan federal court in late October Read More about “Why are we still treating college athletes as less than human?”

In response to yet another useless, tweet of BAP statistics, Sheilla wrote an open letter to Chris Seeger as shown below:

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/12/first-look-at-the-tentative-nhl-concussion-settlement/

Nov 09

The NFL’s going nuclear in their latest appeal to the court

Will the NFL’s latest appeal blow up the Concussion Settlement?

EXCLUSIVE: Last week, while requesting a stay on payment of claims, the NFL stated intent to appeal the NFL Concussion Settlement’s Special Masters ruling on “generally consistent.”  The off docket appeal, obtained by Advocacy for Fairness in Sports was filed on November 7, escalating a volatile disagreement as to how non BAP claims and claims appeals should be handled.  Judge Brody’s ruling will determine if the settlement will achieve its goal of compensating former players who’ve suffered brain impairment, or if it will instead, “fail its execution,” as Class Counsel Attorney Gene Locks phrased it in motion filed in March. Read More about “Will the NFL’s latest appeal blow up the Concussion Settlement?”

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/09/the-nfls-going-nuclear-in-their-latest-appeal-to-the-court/

Nov 07

Former Vikings Sharrif Floyd sues doctor for career ending medical malpractice

Former Vikings Sharrif Floyd’s $180M Lawsuit Reveals Nightmare of “Never Event” Surgery

“Few medical errors are as vivid and terrifying as those that involve patients who have undergone surgery on the wrong body part, undergone the incorrect procedure, or had a procedure intended for another patient,” writes the Agency for Healthcare Research and Quality in an article describing medical errors in which patients received the wrong surgery, surgery on the wrong limb, or even surgery intended for another person. These errors are termed “never events” in medical terminology, not because the never happen but instead they are “errors that should never occur and indicate serious underlying safety problems.”   An article in the Telegraph states that almost 150 NHS patients have been harmed by surgical incidents that should never happen.  This is what former Minnesota Vikings defensive tackle Sharrif Floyd alleges happened to him in a recently filed lawsuit. Read More about “Former Vikings Sharrif Floyd’s $180M Lawsuit Reveals Nightmare of “Never Event” Surgery”

For additional legal analysis and perspective please see Michael McCann’s in depth feature for Sports Illustrated:

A Deep Dive Into Sharrif Floyd’s $180 Million Lawsuit Against Dr. James Andrews

Here’s another worthwhile read.  Deadspin’s Dom Cosentino read Merril Hoge’s book, “Brainwashed” and interviewed Hoge twice. He also did the homework and read oodles of CTE research to see if there was any basis of truth in the book.  Dom presents both sides of the picture, outlines, ongoing research and concludes:

Merril Hoge Doesn’t Want You To Use Your Brain

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/07/former-vikings-sharrif-floyd-sues-doctor-for-career-ending-medical-malpractice/

Nov 04

The NFL has its “hit men” on the attack to kill Alzheimer’s and dementia claims.

EXCLUSIVE: NFL Mounts its Strongest Attack Yet on Dementia, Alzheimer’s Settlement Claims

On October 29, in a letter and appeal to Judge Brody, the NFL launched its most vicious attack yet on settlement claims. The off the docket filings obtained by Advocacy for Fairness in Sports confirm the strategy of “if at first you don’t succeed, try, try again until someone believes you,” as I alluded to in a previous article detailing the NFL’s efforts to crack down on dementia and Alzheimer’ claims. Read More about “EXCLUSIVE: NFL Mounts its Strongest Attack Yet on Dementia, Alzheimer’s Settlement Claims”

Also….The NFL is using sleep apnea to deny claims and requiring proof of CPAP usage.  Learn how to protect yourself in our guest post by Dr. John Flucke.

What NFL Retirees Need to Know About Sleep Apnea and the Concussion Settlement

Word has it that current NFL strategies to disqualify players from the concussion settlement can involve blaming the symptoms and effects of Obstructive Sleep Apnea (OSA). The NFL seems to be approaching this from the perspective of saying that OSA can mimic the same symptoms and problems of repeated concussive head trauma. Read More about “What NFL Retirees Need to Know About Sleep Apnea and the Concussion Settlement”

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/11/04/nfl-hit-men/

Oct 24

Rumors

Irumors‘m uncertain of the source, but I was forwarded something that I’ve been told is making its way around the retired NFL community.  While there are grains of truth in the message, there are also exaggerations coupled with some really bad advice.

The only purpose in this that I can see is to sow discord – player to player and player against attorney.  Divide and conquer is one of the NFL’s best strategies.  Our nation is divided and I think we can all see the harm.  A house divided against itself cannot stand, so I hope people will keep this in mind, as they try to navigate the treacherous waters of the Concussion Settlement.  I’ve tried to separate fact from fiction and speculation in this Twitter thread.  Click on it to expand.  I hope you’ll find it helpful.  ~Sheilla

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/24/rumors/

Oct 22

Why is the NFL bullying a toddler?

A breakdown of the Hernandez suit against the NFL may be their toughest challenge yet if it can clear a couple of hurdles the NFL has tossed in its path.  Read our breakdown of the dueling briefs that stand to determine the scope of the NFL’s liability to the public…and to a small child who lost her father to CTE.

Dueling Briefs Set the Stage for a Showdown in the Hernandez Lawsuit

“Aaron Hernandez should be sitting in a therapeutic hospital receiving care for a profound brain injury. Instead, his ashes sit with his family. Suicide appears to be another result of C.T.E.” Those words were written in a New York Times op-ed authored by two law professors shortly after news of Aaron Hernandez’s severe Stage 3 CTE pathology was revealed in September 2017—news that shook the megalithic football industry to its core. As his daughter seeks justice, dueling briefs, filed on October 16 will likely determine her likelihood of finding it. Read More about “Dueling Briefs Set the Stage for a Showdown in the Hernandez Lawsuit”

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/22/why-is-the-nfl-bullying-a-toddler/

Oct 20

Lane Johnson is looking to sack NFLPA

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/20/lane-johnson-is-looking-to-sack-nflpa/

Oct 18

#EXCLUSIVE – NFL Concussion Special Master Issues Favorable Ruling on Generally Consistent Standard

UPDATE: A new article goes just a bit deeper and explains the history and significance of this ruling.

Special Masters Ruling on ‘Generally Consistent’ Opens Door for Cautious Optimism for NFL Concussion Settlement Claimants

EXCLUSIVE: Advocacy for Fairness in Sports has obtained a non-public opinion by NFL Concussion Settlement Special Master Wendell Pritchett regarding application of the term “generally consistent” as referenced in the Settlement Agreement. Read More about “Special Masters Ruling on ‘Generally Consistent’ Opens Door for Cautious Optimism for NFL Concussion Settlement Claimants”

Advocacy for Fairness in Sports has obtained a non-public ruling just issued by Special Master Pritchett on the settlement’s “generally consistent” standard.  Click on the tweet to expand the thread and read the entire ruling.

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/18/exclusive-nfl-concussion-special-master-issues-favorable-ruling-on-generally-consistent-standard/

Oct 12

Unpublished Concussion Settlement Special Masters Order Shields Players from Latest NFL Ambush

NOTE: This ruling governs the denial of the NFL’s request for mandatory AAP review of appealed claims.  A breakdown of their ruling on the “generally consistent” standard can be found here.

Concussion Settlement Retirees Escape the NFL’s Latest Ambush…For Now

On August 31, I reported on a ploy by the NFL to kill a number of dementia claims dead in their tracks, as revealed in non-public documents obtained by Advocacy for Fairness in Sports.  The documents consisted of three letters to Special Masters in which the NFL sought compulsory review of approved claims by  Appeals Advisory Panel members and Appeals Advisory Panel Consultants.  At the center of the dispute were twenty-three dementia claims but the collateral damage the NFL sought to inflict was far-reaching.  Because the documents were not filed on the public docket, neither the public, the class member, and in all probability even their attorneys were aware of a potentially deadly storm brewing behind the scenes.  On October 9, the attorneys representing the players received an email from the claims administrator with a decision from the Special Masters denying the NFL’s request for a stay of payment on the twenty-three affected claims.  Read More about “Concussion Settlement Retirees Escape the NFL’s Latest Ambush…For Now”

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/12/unpublished-concussion-settlement-special-masters-order-shields-players-from-latest-nfl-ambush/

Oct 06

A very deep-dive into Lane Johnson’s lawsuit against the NFLPA

Opinion in Lane Johnson PED Lawsuit Exposes NFLPA Shortcomings

On January 6, 2016, Philadelphia Eagles OL Lane Johnson filed a lawsuit against both the NFL and the NFLPA in the Northern District of Ohio. The lawsuit contained many allegations of impropriety as to the manner in which his PED testing was done and the lack of support and even resistance he received from his Union. An order published October 3, concludes most of his case. Read More about “Opinion in Lane Johnson PED Lawsuit Exposes NFLPA Shortcomings”

Permanent link to this article: http://advocacyforfairnessinsports.org/2018/10/06/a-very-deep-dive-into-lane-johnsons-lawsuit-against-the-nflpa/

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