Recently, it was announced that four separate lawsuits targeting the NFL for concussion, dementia and brain disease issues are to be combined in Philadelphia. At the beginning of February 2012, the NFL and plaintiffs' attorneys received approval from a U.S. judicial panel to consolidate these personal injury lawsuits to be heard in Pennsylvania.
When consolidated, these personal injury lawsuits represent over 300 retired NFL players and/or spouses blaming the league for negligence treating concussions and their consequences. Plaintiff attorneys applaud this decision as it brings the parties together to examine the legal, medical and scientific issues in one courtroom setting before one senior U.S. District Judge.
Along with negligence claims, the plaintiffs (former players and spouses) accuse the NFL of "intentional misconduct" when responding to the "headaches, dizziness and dementia" suffered by many former players. Some plaintiffs report no current symptoms, but are concerned about future health issues related to insufficient treatment of their concussions.
The condition, chronic traumatic encephalopathy (CTE), has been involved in the deaths of more than a dozen former NFL and NHL players, now deceased, who have had their concussed brains autopsied. One former player is apparently the only still-living plaintiff who has already been diagnosed with CTE.
Attorneys for the NFL promise to "vigorously defend" these claims, while supporting the combination of the separate personal injury lawsuits. Seeking to have the suits thrown out, the NFL is trying to block the many depositions sought by plaintiff lawyers. The league's position is that these claims are "barred" per the current and former collective bargaining agreements.
The court will first process all pretrial issues and rulings regarding the nature and scope of evidence permitted at trial. Up to a dozen similar lawsuits have already been filed in New York, New Jersey, Georgia, Florida, and Pennsylvania.
Source: Claims Journal, "4 NFL Concussion Lawsuits Being Combined in Philadelphia," Maryclaire Dale, Feb. 2, 2012