Michael Kaplen, the well-known brain injury lawyer of DeCaro & Kaplen, LLP, told Concussion Litigation Reporter yesterday that the concussion cases being brought against the NFL will be “difficult to prove.”
He said specifically that the attorneys bringing the claims are “interested” in a quick kill, securing “a settlement down the road” rather than proving the claim. He said their orientation was mass tort, rather than brain injury, which would prove to be a liability.
He said it will be difficult for them to show that the injury that has caused their clients’ disability occurred during their NFL career, when it could have occurred in college or before that.
He added that there are a host of other challenges for the plaintiffs, such as whether they assumed the risk by playing football.