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2022 Sports Medicine and the Law 1 (2022-2023)

handle is hein.hackboth/sptsmdlw2022 and id is 1 raw text is: Spring 2022

SPORTS MEDICINE

a
In Latest Chapter of NFL Concussion
Litigation Saga, NFL Fights With Its
Insurers-and Its Insurers Fight Amongst
Themselves-Over $1 Billion in Coverage

By Joseph Samuel, Jr, Esq.
early seven years after reaching
a class-wide settlement-then
estimated at roughly $1 billion-with
thousands of retired players who brought
concussion-related lawsuits, the National
Football League is now pressing its claims
in New York state court to recoup those
funds from various insurers. Meanwhile,
disputes remain even among the insurers
themselves about who is liable.
In a widely publicized 2015 settlement
approved by the U.S. District Court for
the Eastern District of Pennsylvania, the

NFL agreed to set up an open-ended fund
to compensate the alleged victims in a
class of concussion lawsuits. Individual
payouts from the fund were capped at
$5 million. Players were required to
submit to baseline assessments and other
medical examinations to determine their
injuries. At the time, experts predicted
that the fund would pay out at least $1
billion. As of the Claims Administrator's
latest status report in January 2022, the
fund has already paid over $861 million,
including over $830 million to members
See NFL on Page 12

Diagnosing CTE in the Living -
Researchers and the Medical Community
Inch Closer to the Goal Line

By Jessica Rizzo, Esq. and Dylan
Henry, Esq.
hen Antonio Brown disrobed
in the middle of a Tampa Bay
Buccaneers game this January, threw his
clothes into the stands, and ran off the
field, many rushed to play armchair
doctor, publicly speculating that the
wide receiver was suffering from chronic
traumatic encephalopathy (CTE), the
progressive brain disease associated with
repeated concussive and sub-concussive
blows. The problem? CTE can only be

diagnosed through postmortem brain
autopsy. That means anyone who may be
suffering from CTE is currently unable
to be diagnosed with the disease (which
is indicated by abnormal deposits of a
protein in specific parts of the brain).
Speculation about Brown's erratic
behavior follows the postmortem CTE
diagnoses of his fellow NFL players
Vincent Jackson, Phillip Adams, and
Aaron Hernandez, who join the list of
See CTE on Page 133

id the LAW

Discovery Heats Up in
Wrongful Death Litigation
involving AEDs and High
School Athlete

2

Is Youth Football Safe?
Recent Study Suggests it
Might Not Be as Dangerous
as we Once Thought         3
High School Concussion
Case Filed Decades Too Late  5
NCAA Committee Adjusts
THC Test Threshold, Adopts
Level Set by World Anti-
Doping Agency              6
Cleveland Browns Head
Team Physician James Voos,
MD, Elected Vice President of
NFL Physicians Society     7
Face mask use among
athletes while exercising
has no significant effect on
physiologic parameters     7
SML Digest                 8
Study Explores Methods to
Help Reduce Injury Following
Successful Post-Concussion
Return-To-Play             9
Study Examines Length of
Time It Take to Recover from
Concussion                10
Early Physical Activity
Following a Concussion May
Improve Recovery          11
An athletic trainer's journey to
Olympic hockey            11

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