Monthly Archives: November 2014
Our good friend and attorney Joseph Hanna of Goldberg Segalla reported in his blog today that “just before the fairness hearing before the U.S. District Court Judge Anita Brody in Pennsylvania about the NFL Concussion Settlement, Kevin Turner, a former running back for the Philadelphia Eagles, released a statement urging the retired player plaintiffs and families to agree to the settlement offer.
“Stressing that ‘what matters now is time,’Turner expressed that he was ‘personally comforted by the knowledge that the compensation program is uncapped and guaranteed to be there for all retired players, especially for those who do not know they are going to need it.’ He added, ‘this settlement will provide the benefits we need to take care of our families and have the best quality of life we are able to have. And the sooner the agreement is approved and its benefits begin to flow, the bigger the difference it will make in the lives of those who are hurting.’
“During tomorrow’s hearing, the lawyers representing some former players and their families are expected to argue why they believe the settlement offer is unfair, unreasonable, or arbitrary. This would be the last opportunity for them to block the deal before final approval is given for the settlement to go forward.”
Hanna’s blog can be found at: http://sportslawinsider.com/
(Editor’s note: The following synopsis is from a case summary that will appear in the December issue of Concussion Litigation Reporter)
A state supreme court has affirmed the ruling of a district court, which dismissed the claim of a college athlete, who alleged that the school was negligent when it allowed him to continue to compete after he suffered a concussion.
Central to the court’s ruling was its conclusion that the lower court did not abuse its discretion when it struck expert affidavits of the plaintiff.
The plaintiff in the case was a student athlete, who, each year as an active member of the team, signed liability waivers releasing his school from any claims for damages or injuries sustained while participating in athletics.
Dr. Charles Tator, a professor of neurosurgery at Toronto University, recently told the media that more should be done to”change “the culture of the game” of hockey.
Specifically,: “I would prefer body checking be eliminated until the age of 16,” he said.
He went on to offer two more observations.
Second, “Everybody recovers at a different rate. If you don’t do it properly, you will prolong the recovery process. ,,, It’s very important not to get a second before your recover from the first.”
Tator’s credentials bring credibility to his commentary. He is the founder of the “Think First Foundation,” which is devoted to the prevention of brain and spinal cord injuries among Canada’s children. He also received the USA Hockey Excellence in Safety Award for his work on prevention of brain and spinal cord injuries in hockey as well as the lifetime achievement award from the American Spinal Injury Association.
In addition, Tabor developed the first acute spinal cord care unit in Canada and is currently exploring the possibility of transplantation of adult spinal cord derived stem/progenitor cells after experimental spinal cord injury. He has over 300 peer reviewed academic papers on spinal cord injury and repair and has trained over 30 research scientists in his laboratory over last two decades.