The Pro Football Concussion Report

A Fan's Look at Head Injuries and the Concussion Crisis in Football

Will a Settlement Hide Years of Knowledge?


Could the proposed mediation between the NFL and the players involved in the concussion litigation lead to a settlement that allows the NFL to shield twenty years of documents and knowledge related to brain trauma? That is the question behind a recent HuffPost Blog piece by Michael V. Kaplen and Shana De Caro. In “A Mediated Settlement May Not Be the Best Solution to the NFL Concussion Crisis” the writers state:

Any significant and comprehensive mediated settlement of this lawsuit brought on behalf of approximately 4,000 brain injured players must reject any confidentiality clauses, address the future risks to players, and provide proper redress to those who have already suffered the devastating and enduring effects of traumatic brain damage.

The results of the NFL concussion litigation have ramifications far beyond just the interests of the plaintiffs. Pop Warner, high school, and NCAA football may follow the lead of the NFL in applying changes to rules and methods based on the result of the litigation.

Mediation should never obscure the truth. The legal representatives of the players involved in this lawsuit must resist all efforts to keep information from the public. This litigation not only impacts these individuals, but has far-reaching ramifications for players who have been wrongfully denied benefits in the past, as well as players who will sustain brain damage in the future.

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