Brain Injury Lawyer Criticizes Attorneys in NFL LItigation

Outspoken brain injury lawyer Michael V. Kaplen of DeCaro & Kaplen, LLP didn’t pull any punches when asked by a USA Today journalist about the attorneys representing the plaintiffs in the NFL concussion litigation and why so few players have opted out.

“It doesn’t surprise me (that so few plaintiffs opted out) because of both what the players have to do in order to opt out and the misinformation that they were given by their attorneys about why this settlement is a good deal for them. They were kind of scared into accepting it,” he said.

He went on to elaborate on the “misinformation.”

“One of the inherent problems here is that the attorneys who have to provide the players with this information and have to make recommendations to them in good conscience about whether they should opt out … are answering to many different master.

“They’re answering to people who stand to gain a lot as a result of this proposed settlement, players who have the ALS condition, who have Parkinson’s Disease, who have severe dementia. But they have conflict because they’re talking one way to these players, and to be honest they would talk a completely different way to the players who are suffering (the other effects). That’s one of the main roots of the objection. … You can’t be representing both type of players and do a good job of representing both types of players. It’s just an inherent conflict.”

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