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IN Re: NATIONAL FOOTBALL LEAGUE PLAYERS’CONCUSSION INJURY LITIGATION

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STATUS of the MDL

•On January 31, 2012, the United States Judicial Panel on Multidistrict Litigation (MDL) issued a Transfer Order, finding that the various concussion suits filed, “involved common questions of fact, and that centralization under Section 1407 in the Eastern District of Pennsylvania [would] serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.”• MDL Transfer Order (Docket No. 31), MDL No. 2323

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Judge Anita Brody

The MDL concluded United States District Court Judge Anita B. Brody would be the Judge assigned to guide the concussion litigation through pretrial proceedings.• MDL Transfer Order (Docket

No.31), MDL No. 2323

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MDL Statistics• 44 Concussion related cases

have been filed to-date.• Over 1,200 NFL Retirees have

been named as Plaintiffs.• Personal Injury• Medical Monitoring

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Science on Brain Injury

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Science of Football Related Brain Injury

• Case Studies, Autopsies, Neuropsychological Studies, Brain Imaging Studies

• Not just single concussions, but multiple sub-concussive blows to the head

• Multiple studies show playing football increases the risk of brain injury:• Dr. Daniel G. Amen (2011) – Brian Imaging (increased

rates of dementia)• Dr. Julian Bailes (2009) – (increased rates of

depression)• Dr. Guskiewicz (2006) – (increased memory loss, and

early Alzheimers)

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Science of Football Related Brain Injury

“The results of this study suggest that playing professional football is associated with a significantly higher risk for permanent brain damage.”• Impact of Playing American Professional Football on Long-Term Brain Function, Daniel G. Amen, J Neuropsychiatry

ClinNeurosci 23:1 (Winter 2011) at p. 104.

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Science of Football Related Brain Injury

“Chronic traumatic encephalopathy (CTE) is a progressive neurodeneration clinically associated with memory disturbances, behavioral and personality changes, parkinsonism, and speech and gait abnormalities… There is overwhelming evidence that the condition is the result of repeated sub-lethal brain trauma that often occurs well before the development of clinical manifestations.”

• Chronic Traumatic Encephalopathy in Athletes: Progressive Tauopathy After Repetitive Head Injury, Ann C. McKee, MD, J. Neuropathol Exp. Neurol, Vol. 68, No. 7 (July 2009), at p. 732

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Liability

Evidence related to what the NFL knew or should have known about the risks of brain injury:•1900s – Boxing• “Chronic Boxer’s Encepalopathy”, “Punch Drunk”

•1970s & 1980s• Case reports were published on football players

•1980s• Studies were done showing increased risks of brain injury• Players were being sent back to play when still at risk• Neuropsycological assessment was available to detect mild brain injury

•1990s & 2000s• NFL MTBI Committee• Further development of scientific knowledge

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Personal Injury Claims

•Seek monetary compensation for brain injuries on an individual basis • Damages include:• Pain and suffering• Loss of quality of life• Diminished work capacity• Medical, psyco-social and

behavioral support in the future• Loss of consortium (Spouse’s

claim)

Medical Monitoring Claims

•Seek Court supervised fund for medical testing to evaluate brain damage• To facilitate early diagnosis and better treatment•Usually done on a Class Action basis

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Hausfeld LLP – Football Related Litigation

• Eller v. NFLPA• Retired Players Rights

• Dryer v. NFL• Licensing and Imaging

•In Re NFL Concussion Litigation• Personal Injury Mass Tort• Medical Monitoring Class Action

Michael D. Hausfeld

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THE END