Tag Archives: insurance

A New Lawsuit Seeking NFL Neurocognitive Disability Benefits Highlights the Adverse Impact of Subconcussive Hits Regularly Experienced by Linemen

(Editor’s Note: What follows is an excerpt from a piece written by attorney Richard C. Giller for the November issue of Concussion Litigation Reporter. To see the rest of the story, please subscribe to CLR at http://concussionpolicyandthelaw.com/subscribe/)

By Richard C. Giller, Esq.

Last month, former NFL offensive lineman Darryl Ashmore filed a lawsuit in U.S. District Court for the Southern District Florida against the NFL Player Disability and Neurocognitive Benefit Plan, claiming that the Plan wrongfully denied him benefits solely because he had not traveled to San Antonio, Texas, and to Tampa and Palm Beach Florida over a six day period for medical examination, despite debilitating injuries suffered over the course of his 11-year NFL career.

According to his complaint, Ashmore suffers from “multiple cognitive and mental health conditions” including “encephalopathy, dementia, memory loss, depression, anxiety, and impaired concentration” and it is further alleged that Ashmore’s counsel provided the NFL with a doctor’s letter establishing that Ashmore’s “medical conditions prevent[ed] him from flying and recommended that any examination be conducted by a physician located in Florida.”

The Ashmore case was assigned to Judge Kenneth A. Marra, who was appointed to the bench by President George W. Bush in 2002 which, coincidentally, was the same year that Ashmore retired from the NFL.  The complaint did not include any exhibits and the Plan has not yet filed an answer in the lawsuit.  While the dispute over whether the NFL acted reasonably in scheduling Ashmore’s doctor’s appointments in three different locations and denying Ashmore’s claim for neurocognitive benefits may well resolve itself rather quickly, but the medical issues noted in the complaint highlight …

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Table of Contents for the September 2015 Issue

Concussion Litigation Reporter — September 2015

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State High School Athletic Associations Get Proactive with Concussion Insurance

(Editor’s Note: What follows is a brief excerpt of an article written by Brennah Blackwelder that appeared in the August 2015 Concussion Litigation Alert. For the rest of the article and numerous others, please subscribe athttp://concussionpolicyandthelaw.com/subscribe/)

Leave it to the state known for its “Big Sky” to bring even more clarity to the cloudiness regarding concussion insurance and high school student athletes.

The Montana High School Association (MHSA) announced earlier this summer that it would facilitate concussion insurance for the student-athletes at its member institutions. Called HeadStrong, the insurance program thrusts Montana, as well as Michigan, which also implemented the program, to the forefront of those high school athletic associations that are being proactive about the concussions crisis.

With HeadStrong, which is managed by Dissinger Reed Insurance in Overland Park, KS, student athletes can seek prompt, professional attention at the first sign of a possible concussion.

MHSA Executive Director Mark Beckman told Concussion Litigation Reporter that “providing this concussion insurance is just one of the proactive measures implemented by the MHSA, which along with our other proactive policies will hopefully reduce legal exposure for our association and member schools.”

He also believes more states “will be reviewing this coverage for possible implementation,” especially given the “reasonable cost of the premium for each individual participant.” The maximum benefit of $25,000 per injury per year comes with a $0 deductible per claim. The coverage, which Beckman said the membership “overwhelmingly supported,” will cost each member school just $1.50 per athlete annually in premiums.

Given today’s high-deductible plans and co-pays, he believes parents will be more proactive than ever about bringing their son or daughter in to be checked.

Besides the new coverage, the MHSA is taking other steps ….

(For the rest of the article, please subscribe to Concussion Litigation Reporter.)

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