Monthly Archives: December 2015
Bengals Player, NFLPA President Eric Winston and Former Chicago Bears Star Gary Fencik Pledge Brains to Concussion and CTE Research
Cincinnati Bengals offensive tackle and NFL Players Association President Eric Winston has joined former Chicago Bears safety and 1985 Super Bowl champion Gary Fencik in pledging his brain to the Concussion Legacy Foundation for concussion and CTE research as part of the organization’s ‘My Legacy’ campaign.
My Legacy was launched to recognize individuals who have made a lasting contribution to research and awareness of concussions and CTE. Winston and Fencik encourage others to participate through research (brain donation), financial contributions to research and education programs, and raising awareness on social media using the hashtag #MyLegacy.
“We want to recognize individuals whose actions to address the scourge of concussion and CTE have made a tangible, lasting difference for the next generation,” said Concussion Legacy Foundation Executive Director Chris Nowinski. “Through My Legacy, we want to honor all of those stories, and also encourage others to make a difference and create their own legacy.”
“Ultimately, I want to be a part of the process that helps the next generation of athletes at all levels have a greater understanding of what science says about head trauma,” said Winston, who has vocally advocated for improved player safety in the NFL. “Hopefully, it will lead to better treatment and prevention.”
In 1985 Fencik played for the legendary Bears defense alongside strong safety Dave Duerson, who committed suicide in 2011 and left a note asking for his brain to be studied. Concussion Legacy Foundation collaborators at Boston University and the U.S. Department of Veterans Affairs diagnosed Duerson with CTE.
“As you progress into your career and toward retirement, you start to think more about making a contribution back. I would hope this will be part of my legacy and my contribution back,” Fencik said. “I think there is still a lot of awareness that needs to be done. I don’t know how many players are really aware that they can make this contribution.”
The Concussion Legacy Foundation collaborates with Boston University (BU) and the VA Boston Healthcare System on the BU-VA-CLF brain bank, where donated brains are studied. In 2015, donated brains surpassed 300, and 88 of 92 former NFL players have tested positive for CTE, which at this time can only be diagnosed after death. Last month, BU CTE Program Director Ann McKee, MD, published a groundbreaking paper in Acta Neuropathologica that for the first time confirmed as a unique disease that pathognomonic signature in the brain can be definitively diagnosed by neuropathological examination of brain tissue. A consensus panel of expert neuropathologists developed the NINDS CTE criteria, an advance that represents a milestone for CTE research and lays the foundation for future studies defining the clinical symptoms, genetic risk factors and therapeutic strategies for CTE. The National Institutes of Health, US Department of Veterans Affairs, and US Department of Defense have provided over $20 million to CTE research studies led by Boston University CTE Program investigators.
(Editor’s Note: What follows is a brief excerpt from an article that appeared in the December issue of Concussion Litigation Reporter. For more, subscribe at https://concussionpolicyandthelaw.com/subscribe/)
The United States Tennis Association, Inc. (USTA), which operates the U.S. Open, has filed her answer to the lawsuit of tennis professional Eugenie “Genie” Bouchard, who sued the USTA after she suffered a concussion in a slip-and-fall accident that occurred on September 4, 2015.
At the time, Bouchard had just won a mixed-doubles match in the 2015 U.S. Open. In her complaint, she alleged that she fell because of a “slippery, foreign and dangerous substance” on the floor of the physiotherapy room of the women’s locker room.
Bouchard, who suffered a concussion, has withdrawn from numerous tournaments since the accident. She attempted to return to the sport in a match at the China Open on October 5, 2015 against Andrea Petkovic. However, she was unable to finish the match, complaining of dizziness. She has not returned to tennis since and has dropped in the rankings.
Bouchard is seeking an unspecified amount of damages for “economic loss, medical expenses and loss of enjoyment life” resulting from her head injury. Through her attorneys, the Morelli Ratner Law Firm, PLLC, she asserted causes of action for negligence against both the USTA and the USTA’s National Tennis Center, where the match was played. She alleged that they were collectively negligent in “failing to maintain, clean and repair the women’s locker room and physiotherapy room in a reasonably safe and suitable condition” and that they “had actual and/or constructive prior notice of the dangerous condition” which allegedly caused her to fall.
The USTA Claims Bouchard Was ‘Contributorily Negligent’
Among the arguments contained in its answer was the defendants’ assertion that “any and all risks of injury or dangers connected with the incident alleged in the complaint were at the time and place mentioned obvious, apparent and inherent risks and dangers, which … were known or should reasonably have been known by the plaintiff.”
Thus, Bouchard was “contributorily negligent” because, based on her “prior experience and knowledge,” she was aware of (for more, subscribe at https://concussionpolicyandthelaw.com/subscribe/)
In an interview with the Chicago Tribune, Dr. Julian Bailes was asked about Dr. Bennet Omalu’s position that no one under 18 should play football.
“I’m the medical director of Pop Warner football. They don’t pay me, but I do it because of my love and respect for the sport. I respectfully disagree with (Omalu) on this. I don’t think there’s any evidence that CTE has ever occurred just from playing youth football, so I don’t think there’s any evidence to support a position that football needs to be banned until you’re in college. I think that would incidentally destroy the sport.