Dan Marino files concussion lawsuit

[Prime Time]

Hall of Famer Dan Marino files concussion lawsuit against NFL
By John Breech | CBSSports.com

More than 4,800 former NFL players have been named a plaintiff in at least one concussion-related lawsuit against the league, but none of those players have been more notable than the latest one to file a lawsuit: former Dolphins quarterback Dan Marino.

The Hall of Famer was one of 15 players to file a concussion-related lawsuit in Philadelphia's U.S District last week, according to the Los Angeles Times. The suit alleges that the NFL "concealed information about football-related brain injuries."

According to the lawsuit, the league has known about concussion-related injuries since the early 1970s.

Among the other 15 players who filed the suit with Marino are former Bears and Chargers quarterback Moses Moreno, along with nine-year veteran (1978-84, 87-88) Dwight Wheeler.

Marino, who spent his entire 17-year career with the Dolphins, said in a short-form complaint that he "sustained repetitive, traumatic sub-concussive and/or concussive head impacts during NFL games and/or practices."

The lawsuit filed by Marino seeks an "unspecified amount of financial recovery." Marino spent 12 seasons as an analyst for CBS (2002-2013) following his NFL retirement in 1999.

It's not clear if Marino's lawsuit is apart of the suit originally filed against the NFL that led to a $765 million settlement -- or if he eventually plans to join that lawsuit. Marino's attorney, Sol Weiss, is one of the lawyers involved in that larger lawsuit, which consolidated several concussion-related lawsuits that were filed against the league.

The $765 million settlement still hasn't been approved by the court. The settlement was originally agreed to back in August, but U.S. District Judge Anita Brody rejected it in January.

"We continue to work at the direction of the Court and Special Master as they review the settlement agreement and rightfully ensure that all members of the class are protected," Weiss and Chris Seeger, the other co-lead counsel, said in a statement to the Times. "We look forward to finalizing this agreement so that former players can soon begin taking advantage of its benefits."

The NFL has insisted all along that it hasn't concealed any information related to head or brain injuries that might occur while playing in the league.

 

[-X-]

He should just join the existing class-action suit. Filing a new, separate suit, smacks of greed.

 

[RamzFanz]

I hate lawyers. They'll take the lions share and leave scraps for people who may have actually been harmed. Class action suits are one huge scam.

 

[Ramrasta]

Who didn't know about possible brain injury in a high contact sport? This is what I don't understand... All these players are claiming they were oblivious to the danger of head injury? If they didn't know then they really weren't using their brains to begin with...

 

[RamzFanz]

Who didn't know about possible brain injury in a high contact sport? This is what I don't understand... All these players are claiming they were oblivious to the danger of head injury? If they didn't know then they really weren't using their brains to begin with...

View attachment 1954

I think it's more about hiding the long term effects and letting them play too soon after a concussion when they knew the potential harm. Not that they did, I have no idea.

 

[Stranger]

Who didn't know about possible brain injury in a high contact sport? This is what I don't understand... All these players are claiming they were oblivious to the danger of head injury? If they didn't know then they really weren't using their brains to begin with...

We used to think that concussions were caused by a single large blow to the head. What we've since learned is that numerous small jolts to the head can be more leathal. If the NFL knew this, and didn't inform the players, than they should be held liable. Also, what @RamzFanz said above.

I'm glad to see another lawsuit spin-up. The NFL should have dealt with the matter of adequate care for retired players years ago. Instead, the owners instructed Goodhell to fight a war, and so now it's coming to a head. Hopefully, this will result in a just long term healthcare package for all retired players needing financial and medical support.

There's plenty of money to go around, and the NFL has certainly displayed its own unique kind of greed in this matter.

 

[Prime Time]

Bill Haber/AP

What’s Dan Marino Doing?
There's a new concussion-related lawsuit against the NFL, and the ex-Dolphins Hall of Fame quarterback is front and center. Why we should be careful drawing conclusions, plus email queries on service dogs, coaches' long hours and more
By Peter King

In the wake of the news, first reported by the Los Angeles Times, that Dan Marino is one of 15 former NFL players to file a new concussion-related lawsuit against the NFL, there was one popular theory floating around: Marino would never have joined the suit—and been the only star player in it—if he hadn’t been canned by CBS as part of its “NFL Today” show earlier this year. Knowing Marino some, the thought crossed my mind too.

But Marino is talking to the Dolphins right now about joining the team’s front office in some capacity. Which somehow seems worse than suing the league while in a broadcasting NFL network studio. How welcoming now is owner Stephen Ross going to be with Marino now? Will he wonder if he wants to get in business with a man suing his parent company?

The suit, filed last week, “seeks compensation and financial recovery for the long-term/chronic injuries, financial losses, expenses and intangible losses suffered by Plaintiffs as a result of Defendant’s carelessness, negligence, intentional misconduct and concealment of information directly related to each Plaintiff’s injuries, risk of injury and losses.” Pretty standard stuff. There was nothing specific to any Marino injuries in the lawsuit.

So be careful about drawing too many conclusions about the new suit. Right now, there’s too much we don’t know. Marino didn’t return a text message asking for comment Monday night. The one thing we do know is this: Marino is about the last guy most of us ever expected to see sue the NFL, claiming it hid what it knew about concussions, potentially seriously damaging his short- and long-term health. And his inclusion in the suit could be a damaging one for the NFL, seeing that Marino’s always been held up as one of the league’s cornerstone players and leading stars at a time NFL popularity was exploding.

What we don’t know yet:

• Whether Marino, 52, is suffering any ill effects from head injuries suffered in his NFL career.

• What motivated him to get involved with the case.

Dan Marino played 17 seasons for the Dolphins and retired in 1999. (Rhona Wise/Getty Images)

• The lawyers for the Marino case, led by Philadelphia attorney Sol Weiss, are the same as in the larger concussion suit, which is currently awaiting Judge Anita Brody’s imprimatur on a settlement. But Brody has sent indications she might not approve the $765-million settlement because she doesn’t think it will cover enough players.

• Why the case had to be filed at all, seeing that one of the provisions of the global concussion settlement between over 4,000 former players and/or their estates is that any retired player could request inclusion in the case and be examined for effects of concussions; the player didn’t actually have to be a plaintiff in the suit to potentially benefit.

• Whether this latest 15-player case will eventually be folded into the larger suit.

Whatever the answers to those questions, there’s no question Marino is now the star plaintiff in the case. No player in the larger case has the charisma or public draw Marino has … and likely he’s the greatest player to be part of any concussion-related suit against the league. If Marino starts talking about poor care he received, or purported negligence by team medics, you can bet public opinion on this issue will shift to an even more anti-NFL position than it is now.

The next few days will be interesting, because we’ll see how much of a hawk, if at all, Marino is on the issue, and what his motivation was.

 

[Thordaddy]

"The next few days will be interesting, because we’ll see how much of a hawk, if at all, Marino is on the issue, and what his motivation was."

Really?
A guy files a suit and ya wonder if he's "a hawk"

Jesus some people just like the feeling of the pickets gliding between the cheeks of their ass I guess

 

[-X-]

"The next few days will be interesting, because we’ll see how much of a hawk, if at all, Marino is on the issue, and what his motivation was."

Really?
A guy files a suit and ya wonder if he's "a hawk"

Jesus some people just like the feeling of the pickets gliding between the cheeks of their ass I guess

What's wrong with that statement? We don't know if he's going to be on the front-lines of this suit, or if he's going to sit back and let the lawyers do their thing. It remains to be seen if he's going to aggressively take a stand and be the spokesman for concussions being that he's so high profile. It is curious, however, that he didn't join the original suit while he was with CBS. I'm also curious about his motivation. He's never once said he had concussion issues or health-related issues as a result of playing football.

 

[Thordaddy]

What's wrong with that statement? We don't know if he's going to be on the front-lines of this suit, or if he's going to sit back and let the lawyers do their thing. It remains to be seen if he's going to aggressively take a stand and be the spokesman for concussions being that he's so high profile. It is curious, however, that he didn't join the original suit while he was with CBS. I'm also curious about his motivation. He's never once said he had concussion issues or health-related issues as a result of playing football.

Oh Ardunno X I just take the filing of legal briefs /suits as a pretty definitive action,I doubt he filed it so it would get thrown out of court and damage the other suit, I doubt the NFL considers this the act of a "dove".
Doubtless CBS as a business partner of the NFL was reticent to have it's commentators filing suits ,I get that, but the "wait and see" shit that's laughable IMO,the gauntlets down man.

 

[LesBaker]

We used to think that concussions were caused by a single large blow to the head. What we've since learned is that numerous small jolts to the head can be more leathal. If the NFL knew this, and didn't inform the players, than they should be held liable. Also, what @RamzFanz said above.

I'm glad to see another lawsuit spin-up. The NFL should have dealt with the matter of adequate care for retired players years ago. Instead, the owners instructed Goodhell to fight a war, and so now it's coming to a head. Hopefully, this will result in a just long term healthcare package for all retired players needing financial and medical support.

There's plenty of money to go around, and the NFL has certainly displayed its own unique kind of greed in this matter.

You're actually wrong about that. The reason former players don't get everything they should is Gene Upshaw and the players union. This was all decided WAY before Goodell was on the scene. Upshaw decided how much money was directed to former players and it was his opinion (and he said as much) that he worked for current players not former players.

Current players aren't interested in sharing the wealth, thats the bottom line. It may change, but right now thats what the deal is.

 

[Thordaddy]

You're actually wrong about that. The reason former players don't get everything they should is Gene Upshaw and the players union. This was all decided WAY before Goodell was on the scene. Upshaw decided how much money was directed to former players and it was his opinion (and he said as much) that he worked for current players not former players.

Current players aren't interested in sharing the wealth, thats the bottom line. It may change, but right now thats what the deal is.

Yeah IMO Upshaw was a self serving jerk and the word "brotherhood" should have choked him.

 

[Stranger]

You're actually wrong about that. The reason former players don't get everything they should is Gene Upshaw and the players union. This was all decided WAY before Goodell was on the scene. Upshaw decided how much money was directed to former players and it was his opinion (and he said as much) that he worked for current players not former players.

Current players aren't interested in sharing the wealth, thats the bottom line. It may change, but right now thats what the deal is.

Are you saying this wasn't an issue in the last CBA, as I seem to recall it was.

Also, why do you say that the "Current players aren't interested in sharing the wealth"? Are you implying that past players don't have healthcare in part because of the deliberate actions of current players ?

 

[Sum1]

He should just join the existing class-action suit. Filing a new, separate suit, smacks of greed.

Exactly. If these guys are simply trying to get the NFL to admit they knew of the harm then they should have one single suit that the monetary compensation goes towards the players that need it and the rest toward concussion research or something of that nature. Players like Marino should be just fine with the money they have.

 

[LesBaker]

Are you saying this wasn't an issue in the last CBA, as I seem to recall it was.

Also, why do you say that the "Current players aren't interested in sharing the wealth"? Are you implying that past players don't have healthcare in part because of the deliberate actions of current players ?

If you read up on it you'll see that former players have been cut out in large part because Upshaw and even after him the NFLPA isn't interested in anyone but themselves. DeMaurice Smith is the same kind of jerkoff. They have made no secret of how they feel like they only are accountable to current dues paying members.

 

[Stranger]

So be careful about drawing too many conclusions about the new suit. Right now, there’s too much we don’t know. Marino didn’t return a text message asking for comment Monday night. The one thing we do know is this: Marino is about the last guy most of us ever expected to see sue the NFL, claiming it hid what it knew about concussions, potentially seriously damaging his short- and long-term health. And his inclusion in the suit could be a damaging one for the NFL, seeing that Marino’s always been held up as one of the league’s cornerstone players and leading stars at a time NFL popularity was exploding.

What we don’t know yet: What motivated him to get involved with the case.

Perhaps Marino did this as an NFL-owner-friendly-former-player to help steer the direction of settlement talks in a way that is friendly to the NFL. He takes control, as least from a publicity standpoint, and perhaps a legal one, away from the other player's who are taking action.

On the other hand, maybe Marino is pissed about the way the NFL is treating other former players and is willing to jeaporadize his future NFL career? I actually am leaning in this direction so far on this one. If I was a former player and I saw a lot of my buddies broke with medical bills and health issues, I'd be pissed-off too.

 

[LesBaker]

Exactly. If these guys are simply trying to get the NFL to admit they knew of the harm then they should have one single suit that the monetary compensation goes towards the players that need it and the rest toward concussion research or something of that nature. Players like Marino should be just fine with the money they have.

My big question is how did the NFL "know" something that wasn't even "known" by the medical community at the time. There wasn't anything concrete, and still there are lots of question marks because there hasn't been enough research. The players contention that the guys running the NFL and the owners knew all this secret information about concussions doesn't hold water.

Who did all this research that the NFL learned about, while no one else in the world did, then they withheld the information from the entire world?

I know a lie when I see one.

 

[Stranger]

If you read up on it you'll see that former players have been cut out in large part because Upshaw and even after him the NFLPA isn't interested in anyone but themselves. DeMaurice Smith is the same kind of jerkoff. They have made no secret of how they feel like they only are accountable to current dues paying members.

I'm on record about DeMaurice Smith and the NFLPA being a sellout of players to NFL ownership, and hence I am not convinced that there is a divide between current and former players. I believe the issue has more to do with NFLPA "interests" versus player interests, which I doubt are closely aligned. So, I'm not willing to agree with you that this is a matter of "Current players aren't interested in sharing the wealth".

 

[LesBaker]

Perhaps Marino did this as an NFL-owner-friendly-former-player to help steer the direction of settlement talks in a way that is friendly to the NFL. He takes control, as least from a publicity standpoint, and perhaps a legal one, away from the other player's who are taking action.

On the other hand, maybe Marino is pissed about the way the NFL is treating other former players and is willing to jeaporadize his future NFL career? I actually am leaning in this direction so far on this one. If I was a former player and I saw a lot of my buddies broke with medical bills and health issues, I'd be pissed-off too.

A lot of former players are very pissed off, thats a fact. But there is little they can do until current players decide to force the union to change the benefits that retired players get. Google the topic and read some stuff on it and you'll be surprised at what you learn.

A lot of former players consider the treatment of themselves and their peers to be a huge stain on Upshaw's career legacy.

 

[LesBaker]

I'm on record about DeMaurice Smith and the NFLPA being a sellout of players to NFL ownership, and hence I am not convinced that there is a divide between current and former players. I believe the issue has more to do with NFLPA "interests" versus player interests, which I doubt are closely aligned. So, I'm not willing to agree with you that this is a matter of "Current players aren't interested in sharing the wealth".

Calling the NFLPA a sellout to owners is not accurate IMO.

If you do a little reading you'll see that what you think is the truth is actually not anything but assumptions that most people make about this. They assume the NFL is the reason former players aren't getting more, but that just isn't the case.