In the ongoing legal battle between over 5,000 former National Football Players and the league itself, a federal district court judge gave final approval to a settlement on Wednesday that will provide payments of up to $5 million for each player who suffers from a neurological disorder as well as medical monitoring for all players to determine when and if they qualify. The settlement, which Judge Anita Brody qualified as “fair, reasonable, and adequate,” will also provide an Education Fund that will “educate Class Members regarding the NFL Parties’ existing CBA Medical and Disability Benefits programs, and promote safety and injury prevention for football players of all ages, including youth football players.”
Traumatic Brain Injuries (TBI) and the science behind them are not revolutionary, per se, however public awareness of how serious they are only grew recently with more open discussion about military veteran health (in relation to PTSD, for example). Parents have also become more informed about the long-term impact of brain injuries in sports and consequently keeping their kids out of football. TBI is a serious public health problem in the United States, each year contributing to the death or permanent injury of thousands of Americans. It is estimated that roughly 2.5 million TBIs occur each year, caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. The Center for Disease Control (CDC) says that over the past decade, TBI-related emergency visits have increased by 70%.
Johns Hopkins Medicine hosted a press conference on the epidemiology of head injury in professional football based on specific evidence recovered from TBIs suffered during play. Doctors recommended that there should be more research conducted with state-of-the-art machines (such as MRI and PET studies) to determine the rate of neuropsychiatric disorders by age and the relationship between these disorders and cumulative exposure to sub-concussive impacts sustained across a player’s career. The settlement sets aside $75 million for a Baseline Assessment Program (BAP) that provides retired players with an opportunity to be tested for cognitive decline (any of which who has played at least half of an eligible season can receive an examination, even if he hasn’t yet developed any adverse symptoms or qualifying diagnosis).
Remember Jovan Belcher of the Kansas City Chiefs who murdered his girlfriend, kissed her corpse, and then committed suicide in front of the Chiefs’ GM? Belcher is a prime example of why the BAP is imperative to addressing not only the physical disabilities of brain injuries in the NFL, but the psychoactive symptoms as well. But Belcher, a starting linebacker, was only 25-years-old and nowhere near retirement. At autopsy, his brain showed chronic traumatic encephalopathy (CTE), meaning that he was already suffering from a degenerative neurological condition included in the settlement. CTE causes dementia, aggression, confusion, and depression in people who have suffered repeated head trauma. As is the case with any litigious matter, there’s always measure that could and should have been implemented, further proving that testing of athletes in particularly helmet-smashing positions should receive the same ongoing assessments while on the roster (and not just after an immediate concussion).
According to the CDC’s Report to Congress of Traumatic Brain Injury Epidemiology and Rehabilitation, a TBI can result in health effects that vary in intensity, length, and clinical manifestation. Disturbed cognition is the “hallmark” symptom of TBI but the injury can also affect behavior, emotion, and motor function. Cognitive disturbances can develop into difficulties with memory, attention, learning, and coordination, and worse, secondary neurologic disorders. Teams, including the Seahawks, have their own assembly of prominent physicians to care for the players, and the NFL already has a protocol in place regarding concussions and return-to-participation, but that only addresses specific instances of obvious concussions rather than repetitive decline.
For former players suffering as a result of repeated head trauma, this will at least provide some relief to them and their families in what has been a long overdue acknowledgment of the ugly truth about life after the NFL. Hopefully, this will also inspire the league to further research and develop rules and equipment that will mitigate the risk of these players ending up with crippling disabilities. There will always be the fans complaining about the institution of new rules (“What is this?! Flag football?!), which is obviously easy to say when they’re not the ones on field smashing each other around for our entertainment. Prevention is imperative not only to the health of these athletes, but the sustainability of a sport where more and more parents are refusing to let their kids participate in for entirely legitimate reasons. When the settlement regarding serious head injuries incurred in NFL play is 44 times longer in page length than the protocol on head, neck, and spine injuries published by the league, it’s time to pay more attention to these players’ well being on a regular basis. So let’s embrace the safe, football fans.
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