January 27, 2012

Legally Mandated Healthcare Changes

The 2,400 page Affordable Care Act, now known as Obamacare, is difficult to decipher not just because of its length but also because of the legalese it contains. 2011 included an attempted House of Representatives repeal of the act and several court cases challenging its constitutionality. Those cases are in disarray with some courts ruling it constitutional while others disagree.

This law is one of the most far reaching and profound pieces of legislation passed and signed into law in decades. In 2012 Medicare health care providers will be able to start affordable care organizations to cut costs and improve quality of care. Other major provisions won't be effective until 2014, but big changes in health care insurance have already been implemented. For example, senior citizens started paying 50% less in prescription drug costs under the new law. That was due to drug company discounts worked out under the law. Seniors can also receive annual exams and some screenings without having a co-pay.

Insurance for those with pre-existing conditions, a huge health care insurance gap in previous years, became available. Those patients could join the government's Pre-Existing Condition Insurance Plan. Premiums dropped from an average of $390 a month to $234 a month. Older people weren't the only ones who were helped by the act. The law allows young adults between the ages of 19 and 25 to stay on their parents' health insurance policies. Proponents of the law say this has made it possible for young people to take jobs in fields they like rather than to take jobs mainly to get the benefits they want. Young people, too, are permitted by the law to maintain health insurance despite pre-existing conditions.

The Supreme Court is slated to consider the constitutionality of the law this year and has allotted an astounding 5 hours for oral argument.

January 19, 2012

The Law of Cuba, a Place Frozen in Time

Cuba.jpg
A week ago I was in Cuba. It was a fascinating trip to a place frozen in the 1950s. I was fortunate to have been included in a small legal research group to investigate Cuban law. Cuba has been a Communist police state since Fidel Castro and his band of revolutionaries overthrew the government of President Batista in the late '50s, but I felt no danger even in the outer provinces far from Havana. The greatest danger seemed to be from a potential wreck in one of the ancient taxis, which in combination with ox carts and wagons, are still main conveyances in Cuba. The old cars, many from the late 1940s and early to mid-'50s, had no seat belts or padded dashboards.

Although Cuba has a constitution that provides for a national assembly, something like our Congress but consisting of only one house instead of our two, all power is really vested in one person, the president. Due to declining health, Fidel gave up the presidency a couple years ago, and now his brother, Raul, is president.

Private ownership of property under Cuba's strict communist doctrine has been impossible, but Raul has made some gradual reforms in the law. A limited number of houses can be bought from the Cuban government and owned by individuals. Selling them is another matter. They can't be sold unless the sale is back to the state itself. Upon death, a house passes to the owner's heirs.

Wage and hour laws to protect workers are nearly non-existent today, but some small positive changes are occurring. At the present, an average monthly wage is $30. Yes, $30 a month. Overtime is not paid. Taxi drivers are forced to limit their hours of work to accommodate other drivers who want to earn money. Employment discrimination is not supposed to be possible, but the law is not enforced.

In Cuba, the rule of law has not yet developed. In this beautiful country, change is occurring in that direction under Raul but very slowly. The law is constrained by the iron boundaries of Communism, but I will share some of its nuances and more interesting aspects with you soon.

January 12, 2012

More About Putting Your Injury Case On Track For Successful Completion

Ten percent of us are hurt every year, usually due to someone else's carelessness. Last week, I talked about setting goals for successful completion of your legal case if you were in that group hurt last year. Today, I'll add to the list of things you can do to help your attorney and, therefore, yourself in a meaningful way.

  1. Don't talk to anyone except your attorney and immediate, trusted family members about your case. That is especially true when the insurance adjuster for the at fault party calls you to get facts and take a recorded statement. You will be on thin ice if you talk to that person.

  2. Keep and give to your attorney every item that comes into your possession that may be evidence in your case. That includes oral statements and written ones, like letters, made by the defendant at the scene or later. It also includes things like parts of equipment that failed and hurt you, shoes if you slipped and fell, and any foreign substance that you slipped on in a store.

  3. If possible take photographs of the accident scene, damage to vehicles, wounds and surgical sites, and pieces of equipment or appliances that may have injured you. Give them to your attorney who may use them as evidence to support your case.

  4. Since lost wages is an important part of any injury case, keep track of the time you have lost and the wages you were earning. If you were injured so badly that you cannot return to your old job, make a list of places where you seek new employment, the dates you apply, who interviews you, and the results you get. Jot down the reason you are given for not getting the job, such as, "We can't use someone who has a hurt back." That kind of statement is very important to prove the harmful effect of an injury on future employability.
If you missed my segment last week, call me. I will send a complete list of the suggestions I made last week and today.

January 11, 2012

Social Networking and Personal Injury

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

When it comes to a personal injury case, social media will only work against the plaintiff. It would be very difficult to find a post online from the defendant admitting fault, which leaves social networking as a resource that can only be used by the defense attorneys and insurance companies. Most personal injury lawyers know of the risks posed by these websites and will warn their clients, but sometimes that is not enough.

During discovery, the defense attorney will most certainly request the login information for all of the plaintiffs online social networking accounts. Of course the attorney will object to this and fight it rigorously, but more times than not this information will have to be disclosed. The information on these sites could be misconstrued and used to dispute a client's claim.

If a case does make it to trial, chances are that the jury will be more understanding than the defense attorneys about what the plaintiff posted. They will know that a life-altering injury does not mean you should not be able to attend your nephew's third birthday party, but they will be able to understand that someone with a serious back injury should not be in a limbo contest. The problem with this is that many times the case does not make it to trial so this tolerance will not be found.

It is important for personal injury lawyers to find out what their client has been posting online because even if they insist the client shut down all of their sites, the defense may win a motion to obtain the login information. For example, in one recent Pennsylvania case a defense attorney won their motion to obtain the plaintiff's Facebook login because her page was public and had information contradicting her claim. This ruling will no doubt be used as evidence that Facebook is a definite well of information, but the court did explain that this will not be a hard-and-fast rule.

The court stated, "The Court does not hold that discovery of a party's social networking information is available as a matter of course. Rather, there must be a good faith basis that discovery will lead to relevant information." The court went on to explain that since her information was already public it was appropriate and just for the defense to have that information.

New Jersey personal injury lawyer
, Richard Console explained that he always urges his clients to shut down their social networking sites when they file a claim, but sometimes it's not enough. "Despite disabling their accounts the defense can still request information from these social networking profiles. It is a hard situation because the information found can be so subjective that it is misconstrued as proof that the claim is not valid."

The role of social networking in personal injury claims becomes larger each year as more and more people join and share information on these sites. As it stands now, most jurisdictions will evaluate these requests on a case by case basis, but a firm rule on whether or not social networking sites are public domain could be made in the near future.

January 6, 2012

Putting Injury Cases on the Right Track in the New Year

It's time to set goals for 2012. If you are one of the roughly ten percent of the population injured last year and that injury was caused by someone else's carelessness, putting your legal case on track for successful completion should be a major goal. Here are some things you can do to achieve it.

  1. Have patience. It takes time to get medical care to determine the extent of injuries, which are permanent, and how they will affect your future. It also takes time for your attorney to complete the investigation. That includes ordering all of your medical records and bills.

  2. Tell your attorney about all injuries and medical problems both before and after the accident. Good cases can be destroyed if this information is concealed or forgotten. Insurance companies use an indexing system that will discover injuries and claims.

  3. When you visit the doctor treating you for an injury, list all the problems you are having. If those complaints don't show up in the medical records, they don't and never will exist in the minds of insurance adjusters or jurors.

  4. Notify your attorney if you change doctors, go to the emergency room because of pain, are admitted to a hospital, or are discharged from care. All these things will influence the course of a case and will determine when the law firm should order medical records and bills.

  5. Keep a diary of your experiences following the accident or injury. Record important matters like pain levels, activities that you can't do or do only with pain because you have no other choice. Maybe you don't have help, so you have to work despite the pain. Describe it in your notes. Pain isn't always physical, so describe any emotional pain such as your feelings about not being able to lift your child.

  6. Finally, keep a list of out-of-pocket expenses.

  7. Doing these things will put you well on the way to successfully resolving your injury case. I'll add to this list next week.

December 29, 2011

How The Law Protects You During Holiday Air Travel

Holiday travel is usually stressful because of inclement weather, delays, and crowded airports. It's far worse if you are bumped from a flight or if your baggage is lost. The law doesn't solve all the problems, but if you know the law, you can use it to minimize them. On the other hand, knowing the law's limitations can also help you to avoid grief from airline and TSA personnel.

Let's first consider flight cancellations and delays. It's sad that there are no federal regulations requiring compensation for cancelled or even severely delayed flights. Since that's the case, you might as well avoid confrontations with airline personnel about those types of travel difficulties. There is a ray of hope, though. Some airlines have created their own Passenger Bill of Rights under which they will compensate passengers for delays. However, if you are bumped from a flight, it's another story, because the law offers protection. Bumping is a possibility even if you have a reservation. Airlines over book to protect themselves from passengers not showing after making reservations. However, if you are bumped due to over booking, DOT's Passenger Bill of Rights requires that you be compensated.

Lost and damaged baggage are huge problems with some airlines and airports. An airline will almost always be responsible for lost or damaged baggage, but there are monetary limitations to their liability expressed in the small print of the contract of carriage. If you had to pay a baggage fee, federal law also requires that the baggage fee be refunded if your baggage is permanently lost.

Let's go back to delayed flights for a moment. If a plane has boarded and taxis away from a gate but, then, has a delay of more than 3 hours on the tarmac, you must be allowed to deplane, and you must while on the plane be provided with food, water, and medical and lavatory access. I wish you safe and happy travels.

December 29, 2011

Don't Let Your Friends Drive Drunk

I have been helping injured people in Florida for more than 30 years and all too often the cause of wrecks are due to the other driver consuming alcohol. Statistics provided by the Centers for Disease Control and Prevention (CDC) show that 10,839 people were killed in 2009 in alcohol-related crashes. This number accounts for 32% of all traffic-related deaths in the United States. 181 children up to the age of 14 were killed as a result of a drunk driver. More than 1.4 million drivers were arrested for driving under the influence of either drugs or alcohol in 2009. These numbers are staggering.

New Year's Eve is only days away. Drinking and having a good time is on many agendas for the night. If you're among those out having a good time, designate a driver who will not be drinking. Keep your friends safe and don't let them drive if they've had too much to drink. You've heard the commercials. Buzz driving IS drunk driving. Getting stopped and ticketed is very costly. But it's even more costly if your impairment should hurt or far worse, kill someone when you lose control of your vehicle.

There are several taxi services providing FREE rides for New Years should someone consume too much alcohol and realize they cannot safely operate a vehicle. MillerCoors is the exclusive sponsor of 1-800-TAXICAB that dispatches a taxi wherever and whenever needed. Even if you have to pay for it, it's worth avoiding the risk of being involved in an alcohol-related car accident. Take advantage of this valuable service and don't drink and drive.

Best wishes from The Pittman Firm, P.A. to all for a safe and happy New Year and a prosperous 2012.

December 22, 2011

Santa Claus' Escapades with the Law

Only days before Christmas, I have to tell you that Santa Claus has been to court. Many times. In 1947, in Miracle on 34th Street, a great film starring Natalie Wood, Maureen O'Hara and Edmund Gwynn, Gwynn played Kris Kringle, a man totally convinced he was the real Santa Claus. When he told his friends, he was promptly committed to the infamous Bellevue Hospital just before Christmas. In a warmhearted series of courtroom ploys, his fearless lawyer got him recognized as the only Santa Claus. Since then, all has not been milk and cookies for Santa.

A New Jersey man went to court to get his name changed to Santa Claus, and Santa wasn't even called to testify about whether he liked the man. He might have given the guy a bundle of switches when he was little. Santa's also been involved in cases involving impersonation by a lawyer (I assure you it wasn't I), disorderly conduct (maybe involving some brandy), and even a tax matter in 1994. Santa might consider retaining a good defense attorney to help him with cases that could arise such as trespass, employing non-unionized elves, violating wage and hour laws, and Peeping Tom allegations. Peeping Tom, you ask? Well, how else could he see you while you're sleeping?

Georgia has just granted Santa's flying reindeer special clearance to navigate the skies of the state, but he probably violates the federal aviation regulations all the time. Flying too low. No navigational lights on the sleigh. Reindeer dropping whatever as they fly. So many laws to avoid breaking, and so much for Santa to think about in the short hours before Christmas. He might wish he could be committed to Bellevue Hospital just to rest. But Santa, I have a wish, too. Please give everyone reading this today a safe and happy holiday and a wonderful new year.

December 20, 2011

What To Do When Faced With a Violent Dog

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

dog.jpgA recent study reported that in 2010, there were 34 deadly dog attacks in the United States; many of the victims were young boys between 5 and 9-years-old. Dog bites can be avoided if the proper precautions are taken when around an unfamiliar or violent dog.

Basic Rules
• Never approach a dog you do not know.
• If the dog is restrained, fenced in, or if there is a "Beware of Dog" sign that should serve as an added warning to keep your distance.
• Do not attempt to touch a dog before it sees and sniffs you. You do not want to do anything that could be perceived as a threat by the dog. This also means that you should not wake a dog, interrupt it's meal, or approach a nursing dog.
These are all good rules to follow to avoid a violent situation; however, they are not one hundred percent effective. If you still find yourself in danger of being attacked by a dog then there are several steps you need to take.

When Faced with a Violent Dog
• Stay calm! The situation will not improve if you panic because you are more apt to make rash decisions without thinking.
• Stay still. If a dog approaches you in a threatening or violent manner try to remain still. The dog may lose interest and walk away. It is also very important that you don't run away because the dog's natural instinct will be to chase you.
• If the dog goes to bite you, try to feed it something else. Take any loose article you have be it a purse, jacket, umbrella, etc. and try to get the dog to latch on that instead. You may lose your purse, but it's better than losing a limb.
• If the dog knocks you to the ground or if you fall, curl up into the fetal position with your hands over your ears and remain still. This is the best position to make injuries less severe.
After the attack it is important to first seek medical attention. If you can you should also call the police so that a report can be filed. Once your injuries are tended to you should take photos of all the wounds sustained during the attack. You should give as much information as possible to the police after the attack. Be sure to describe the dog as much as you can (how big, what breed, was it wearing tags, etc). If you know the owner of the dog, ask to see the animal's rabies certificate, and find out if the dog has been violent before. You may also want to contact your local animal control to report the attack.

New Jersey Law
In New Jersey, owners are liable for any injuries sustained from their dog. This is the case even if the dog has not been violent in the past. To learn more about the dog bite law speak with a personal injury lawyer in NJ. Most homeowner's insurance provides coverage for dog bites, but you should consult with a injury lawyer to be sure you receive full, deserved compensation.

Continue reading "What To Do When Faced With a Violent Dog" »

December 15, 2011

Florida Legislature to Consider Vast Changes to Auto Insurance Requirements

A month ago, the Florida legislature initiated a debate that may herald massive changes to Florida's auto insurance requirements during the 2012 legislative session. If those changes occur, they are likely to change your insurance requirements effective next July 1.

The issues involve the current PIP auto insurance, which I will explain in a moment, and whether Florida should adopt a mandatory bodily injury liability insurance model. PIP is an acronym for personal injury protection. It is commonly referred to in this state as no-fault insurance. It works like this. If you are in an auto accident, regardless of whom is at fault, your insurance will pay the first ten thousand dollars of your medical bills and your lost wages. If a death occurs, an allowance is also made for funeral expenses.

Consumer groups say that the insurance industry and their advocates in the legislature are trying to use potential changes in the PIP laws to limit the rights of injured motorists and to increase their profits. The Florida Justice Association and allied consumer groups are pushing back against that effort by arguing that the legislature adopt a mandatory bodily injury liability insurance system currently used in forty-eight states. At the moment, Florida does not require a vehicle owner to have bodily injury liability insurance in effect to pay for injuries the driver causes to others. It requires only PIP and property damage coverage. Arguably, the Florida legislature has been more concerned about damage to cars than injuries and death.

If the mandatory bodily injury liability model is adopted in exchange for reducing or eliminating the PIP coverage, the new law will stem the tide of increasing numbers of motorists who are going bare of coverage that is designed to compensate people they injure. The legislature will go into session on January 10.

December 8, 2011

Avoid These Lemons

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

As car manufacturers become more competitive with one another, they are rolling out cool new features while also ensuring that standard features, such as engines and transmissions, steering, and braking, are well up to par. The fact is it's difficult to buy a bad car these days. But that doesn't mean it can't be done.

Forbes recently developed a list of vehicles to avoid, based on ratings from J.D. Powers & Associates surveys. For the most part, the vehicles that made this list had new technologies or features that, while intending to make the life of the driver easier, simply introduced new problems and issues. So, these manufactures earn an A for effort, D for execution. If you're interested in one of these vehicles, you might want to wait until the kinks are ironed out. The cars that made Forbes list include:

1. Jeep Liberty/Dodge Nitro. A rough ride, underpowered transmission, and poor interior comfort gave this vehicle bad grades. In addition, customers were displeased with one of the vehicle's options, a unique sliding canvas roof.
2. Chevrolet Colorado/GMC Canyon. These smaller pickups are okay for recreational use, but buyers found the five-speed transmission crude in everyday use.
3. Nissan Armada. This incredibly large vehicle is outdated and outclassed by smaller crossover vehicles. Plus, its size makes it a real nightmare to parallel park.
4. GMC Sierra/Chevy Silverado 2500. These are great if you want to tow 17,500 pounds, but less than ideal when tooling around town. If you're transporting horses, this could be the vehicle for you, otherwise it got rough ratings for everyday use.
5. Dodge Caliber. Customers noted that its continuously variable transmission (CVT) was unresponsive and whiny, and that the interior was dull and cheap. With many other crossover wagons offering style, sophistication, and performance, this is one wagon not to consider.
6. Nissan Titan. Despite the large cash rebate offered to buyers, this full-sized pickup truck just doesn't get the performance ratings of its American competitors.
7. Smart ForTwo. It's a good idea and has terrific fuel economy, but this tiny vehicle simply doesn't have the performance to make up for it. Buyers say the transmission is slow and sloppy, and also claim that the premium gas it requires negates its good gas mileage.
8. Kia Sedona. It's not necessarily a bad choice, yet lags a bit in performance and sophistication, not to mention family-friendly technology that makes minivans competitive.
9. Volvo XC90. This luxury crossover is hard to handle and steer, and the 3.2-liter engine takes a while to get a vehicle this heavy up to speed. While the third-row seat sounds like a good idea, it's difficult to access and only comfortable for smaller children.
10. Mercedes Benz R-Class. The performance is sufficient and the interior is okay, but it certainly doesn't live up to the hype--or price--of a luxury minivan.

Continue reading "Avoid These Lemons" »

December 8, 2011

Drugmaker of Diabetes Drug Actos Facing Thousands of Lawsuits Alleging Bladder Cancer

Takeda Pharmaceutical Company is Asia's largest drugmaker. It may also be the recipient of the largest number of lawsuits in history over a drug. It makes Actos, a diabetic drug. Actos may also cause bladder cancer as alleged in hundreds of lawsuits proceeding across the country. Now, as more suits are filed, these cases may be consolidated into one legal proceeding very near to us.

U.S. regulators in June found that a Takeda sponsored study showed that some users of Actos faced an increased risk of developing potentially fatal bladder cancer. Claims against the manufacturer are being processed every day, and those investigating Actos say that the evidence is unusually clear and strong for causation of cancer.

Takeda Pharmaceutical pulled the drug off the market in Germany and France earlier this year. Actos has been marketed in the U.S. by Eli Lilly & Company of Indianapolis. Some Actos users who have gotten bladder cancer say, "If we had known what it would cause, we would have taken other drugs that are out there to treat diabetes, drugs that don't cause cancer." Proof of Actos' causation of cancer may be easier than proof of causation in most drug cases, because bladder cancer is generally considered to be a signature injury of a drug. Translating this medical-legal jargon, that means that bladder cancer rarely results from anything other than Actos. Certainly, it occurs but not often.

Few things other than Actos cause bladder cancer. In contrast, many things cause strokes or heart attacks. Unfortunately for Takeda, there is mounting evidence that Actos is responsible for heart attacks and strokes, too. Takeda is about to face a very bad time. What is behind the plethora of drug product liability cases in the world? Take, for example, Vioxx, Avandia, and many others. Now Actos. Some say greed on the part of manufacturers rushing drugs to market. We will see.

December 2, 2011

Serious Penalties for Animal Abuse

When I was growing up, everyone thought that dogs and cats were dumb. We were the dumb ones. Today, we know that the smarter dogs have intelligence levels like those of 3 to 4 year old children. They know when they are being abused. They feel the emotional pain, and, certainly, they feel physical pain that is cruelly or carelessly inflicted, the effects of starvation, and the depression that comes from being chained to a stake in a yard for their lifetimes.

Sometimes their only salvation lies in our laws which do offer a fair amount of protection, but that protection is not available unless decent people take a moment to call the local authorities. Those include the police department, the sheriff's office, humane societies, and animal shelters. If these animals are as intelligent and as aware as are 3-4 year old kids, even disregarding the injury and pain that can result from carrying a dog in the bed of a pickup truck, why would anyone who exercises any thought whatsoever risk a dog's well being by hauling it that way like it's only a piece of cargo?

One man, who is accused of dragging his dog to his death, may have done that. Authorities accuse him of tying the dog in the bed of the truck on a long line and then driving erratically so that the dog was thrown out and dragged a very long way. The dog later died from the injuries. Criminal penalties may be his reward.

Our laws do make animal cruelty a criminal matter. The value of those little lives has been recognized by the legislatures of most states. Mean, cruel, and unthinking people will be punished. Aside from that, a little kindness, a soft touch, and bowls of food and water can return rewards for their owners when pets are treated well. I know that from my dog, Cowboy. Protect our four-legged companions from abuse. Call the authorities when you see it happening.

November 17, 2011

The Creation of MADD and RID and Their Effects on Public Health

In 1980, Candy Lightner gave a speech about a 13-year-old girl who was killed by a drunk driver with several previous arrests for driving under the influence of alcohol. The audience gasped when she said, "That little girl was my daughter." Her speech launched the organization Mothers Against Drunk Driving, MADD. It became a high profile advocacy organization against drunk driving, weak prosecutors, and lenient judges. Her daughter, Cari, was the catalyst for the reshaping of American thinking about drunk drivers who until then had been thought of as rebels or comic figures. Her death at the hands of the driver who had 4 prior DUI arrests, one just 2 days earlier, catapulted American thinking into the modern era of classifying drunken drivers as criminals.

Around the same time, Journalist Doris Aiken investigated the deaths of two teenagers caused by a drunk driver in New York. She found that the drunks routinely received slaps on the wrist even when they had prior convictions and had killed someone. The drunk driving incidents were routinely characterized as "accidents" instead of negligence or homicide, and the victims were seen as having been in the wrong place at the wrong time.

Fed up with the "one for the road" mentality, Aiken formed the organization called RID, Remove Intoxicated Drivers. It and MADD replaced the old mindset with the belief that "Friends don't let friends drive drunk."

By 1985, the annual number of deaths from drunk driving had decreased precipitously. Yet, there is more to do. For my part, I sue drunk drivers and, similarly, drivers who are impaired by other drugs, who hurt my clients. I want them to pay for my clients' injuries and to forever remember that drunk driving will have financial consequences. You, too, can help. Call 911 when you spot a driver weaving in traffic. Together, we can and will save lives.

November 17, 2011

Who's Really Responsible for Superbowl Injuries?

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

Who is going to the Superbowl this year? It's still way too early to tell, but that doesn't stop most of us from picking our favorites. If you're a Green Bay Packers, New Orleans Saints, Baltimore Ravens, or New England Patriots fan, you're in good shape. If you're a Miami Dolphins fan you're probably slightly more subdued around the water cooler. Still, February is a long way away, and anything can happen. And that's one of the reasons why football fans are so loyal, why they don't just watch the game--they live it. There are not that many other sports we would willingly give up three hours every Sunday afternoon for, or every Monday night.

What is it we love about football so much? For most of us, watching football feeds our competitive natures. Most of us will never get to prove our mettle on the gridiron, yet for those few hours on Sunday, we can pretend that we're in on the action.

Football is an aggressive, action-oriented sport. And maybe a part of us, even if it's just a small part, enjoys that aspect of the game as well. We can afford to, sitting on the sidelines. Professional football players, on the other hand, experience a high rate of injury. Despite wearing helmets head injuries are prevalent among the pros, many of whom sustain multiple concussions throughout their careers. Several studies have proven that multiple concussions lead to long-term damage. This long-term damage has even been given a name--concussion syndrome.

Who is responsible for these injuries? The players themselves, who willingly participate? The NFL? Or could it be Riddell, the manufacturer of the helmets worn by pro football players? A lawsuit, brought by more than 125 players against both the league and Riddell, may eventually help us answer that question. In addition to this class action suit, there are three personal injury cases against the NFL being brought in California, and one in Pennsylvania.

The players are suing the league and helmet manufacturer due to five complaints brought in state and federal court over the past few months. They say the NFL was aware of the dangers of head injuries, fraudulently concealed the long-term effects of concussions, and should have done more to protect and help retired players. Plaintiffs are seeking league changes so others don't suffer from the same damage, a medical process that ensures those who have head injuries related to professional football receive medical attention for the injury for as long as they need it, and compensation.

The NFL is countering that they are not responsible for the medical issues that some of the players are facing, because the players knew there were risks of injury when they decided to play football.

After a hearing on Wednesday, October 19, in which a Senate committee discussed whether manufacturers of sports equipment make fraudulent claims, the NFL did make several changes, including changing its return-to-play policies and the co-chairmen of its committee on concussions.

While exact figures are unknown, the plaintiffs are collectively seeking millions of dollars in damages. The suit could take years to be resolved.

Continue reading "Who's Really Responsible for Superbowl Injuries?" »