Articles Posted in Traumatic Brain Injuries

In recent years, the National Football League and the National Hockey League have faced very public litigation regarding head injuries sustained by the professional athletes in each respective sport.  However, the World Wrestling Entertainment Inc. (WWE) is now involved in its own series of lawsuits with plaintiffs claiming brain injuries.  Jimmy “Superfly” Snuka and numerous other former wrestlers are suing WWE claiming the business concealed the long-term effects caused by brain injuries sustained in and out of the ring.  Specifically, plaintiffs are alleging the WWE failed to care for their recurrent head injuries “in any medically competent or meaningful manner,” as well as for hiding the long-term effects that such injuries could cause.  The complaint was filed in federal court on Monday in New Haven, Connecticut and stated that WWE “placed corporate gain over its wrestlers’ health, safety and financial security, choosing to leave the plaintiffs severely injured and with no recourse to treat their damaged minds and bodies.”  WWE made a statement stating its confidence that the case will be dismissed.  “This is another ridiculous attempt by the same attorney who has previously filed class action lawsuits against WWE, both of which have been dismissed,” WWE said.  “A federal judge has already found that this lawyer made patently false allegations about WWE, and this is more of the same.”

WWE matches are unlike most other sports.  As the suit notes, these matches involve moves that are “scripted, controlled, directed and choreographed” by WWE.  The head injuries sustained by many of the wrestlers are a direct consequence of such moves.  Two moves in particular that are particularly risky for head injuries are the “body slam” and the “piledriver.”  In a “body slam” one wrestler picks up the other and literally slams him into the ground.  A “piledriver” was a common move in the past but has been banned in most cases and involves one wrestler turning the other upside down so that he can drop him head first to the mat.  The wrestlers who are suing the corporation are claiming it consciously disregarded and concealed “medically important and possibly lifesaving information” about neurological conditions, Chronic Traumatic Encephalopathy for example, that most often appear in athletes who participate in contact sports where head trauma is frequent.  In the suit, the wrestlers claim “the WWE knows that its wrestlers including the plaintiffs are at great risk for these diseases such as CTE that can result in suicide, drug abuse and violent behavior that pose a danger to not only the athletes themselves but their families and community, yet the WWE does nothing to warn, educate or provide treatment to them.”  Because the wrestlers are independent contractors, rather than employees, they don’t have the normal medical benefits that other people and athletes have, says Daniel Wallach.  He goes on saying, “They completely fall through the safety net. They’re in worse shape than retired professional football players or retired hockey players. They’re the most disposable athletes in the sports and entertainment business.”  Continue reading

A group of former hockey players are seeking financial compensation for head injuries they sustained while playing in the NHL.

Retired NHL players Dave Christian, Reed Larson and William Bennett are hoping to target the violence in hockey where they believe their injuries were sustained. The players filed a class-action lawsuit last week alleging that the National Hockey League promoted fighting while subsequently downplaying the risks for head injuries associated with the [promoted] violence.

Charles Zimmerman, who filed the class action lawsuit on behalf of the three players, stated that ultimately a change to glorified violence in the game is what may come of the lawsuit. This lawsuit is similar to the one brought forth by former NFL players who are seeking monetary compensation for their long-term injuries which resulted from repeated head traumas, as well as increased medical monitoring. The NHL’s deputy commissioner Bill Daily said that the organization is not surprised by the lawsuit.

“As we have indicated earlier, another lawsuit of this type is not unexpected,” Daily said. “It’s the nature of these types of cases that once one is filed, a number of similarly styled cases follow. Nothing changes our belief that all of these cases are without merit and they will be defended accordingly.”

Currently there is a $765 million settlement pending against the NFL, which still needs approval by the case’s judge. Last Thursday, U.S. District Judge Anita Brody said she fears the $765M fund might not be sufficient enough to cover the thousands of victims impacted by head traumas. Judge Brody ordered both parties to address several issues with the settlement, which had been preliminarily agreed upon last summer. Many also believe that the attention of this case has prompted NHL players to seek damages relating to concussive injuries.

Zimmerman said that the main aspect of his clients’ case against the organization is that there is “knowledge that these types of injuries were known and protections were not put in place appropriately enough or fast enough and rules changes were not implemented in fighting.” He argued that his clients and other present athletes were (and are) at risk of suffering serious injuries because of the demands of their sport. He believes rules ultimately need to be changed and that his clients should be compensated for being exposed to unaddressed risks.
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The Brain Injury Association of Massachusetts (BIA-MA) has recently celebrated 30 years of helping victims of brain injuries. The initial chapter of the BIA-MA was started in Framingham, Massachusetts by concerned parents of children who suffered from head injuries. At the time, the community wasn’t ready to handle or equipped to serve individuals with brain injuries. There is now a Brain Injury Association of America with chapters in more than 40 states.

BIA-MA: Just the Facts

• The BIA-MA helps more than 60,000 kids, teens and adults in the Commonwealth.
• They offer 34 support groups for family members, survivors and caregivers.
• They also work with communities and justice officials to help promote safety and awareness for risk-taking behaviors involved with first-time offenders who have suffered from traumatic brain injuries (TBI’s).
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