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Tuesday, April 9, 2013
Concussion hearing held in Philly

ESPN.com news services

PHILADELPHIA -- Former NFL players trying to sue the league over concussion-linked injuries argued in court Tuesday that the NFL "glorified" violence and profited from damaging hits to the head.

Players' lawyer David Frederick also accused the league of concealing the emerging science about concussions over several decades, even after creating a Mild Traumatic Brain Injury committee in 1994.

"It set up a sham committee designed to get information about neurological risks, but in fact spread misinformation," Frederick argued at a pivotal federal hearing to determine if the complaints will remain in court or be sent to arbitration.

U.S. District Judge Anita Brody's decision could be worth billions to either side.

About 4,200 of the league's 12,000 former players have joined the litigation. Some are battling dementia, depression or Alzheimer's disease, and fault the league for rushing them back on the field after concussions. Others are worried about developing problems and want their health monitored.

A handful, including popular Pro Bowler Junior Seau, have committed suicide.

Kevin Turner
Former Eagles running back Kevin Turner, who is battling Lou Gehrig's disease, was among the former players at Tuesday's hearing.

NFL lawyer Paul Clement insisted that teams bear the chief responsibility for health and safety under the players' collective bargaining agreement, along with others.

"The one thing constant throughout is these agreements put the primary role and responsibility on some combination of the players themselves, the unions and the clubs," Clement argued.

"The clubs are the ones who had doctors on the sidelines who had primary responsibility for sending players back into the game," he added at a news conference after the 40-minute hearing.

Brody appeared most interested in whether the contract is sufficiently specific about health and safety issues to keep the matter in arbitration.

"The thing that concerns me is you say it talks about it 'all over,' " Brody said to Clement. "It has to be really specific. That's what I have to wrestle with."

Frederick said the contract is "silent" on latent head injuries, making the lawsuits appropriate.

Brody is not expected to rule for several months, and the cases could take years to play out if her ruling is appealed, as expected.

Former players and family members on hand for the hearing included Kevin Turner, a former Philadelphia Eagles running back now battling Lou Gehrig's disease; Dorsey Levens, a veteran running back who made a 2012 documentary on concussions called "Bell Rung," and Mary Ann Easterling, whose husband, former Atlanta Falcons safety Ray Easterling, was the lead plaintiff in the litigation before he committed suicide last year.

Dorsey Levens
Former NFL running back Dorsey Levens, who made a 2012 documentary on concussions called "Bell Rung," also was present at Tuesday's hearing.

Attendees might have momentarily thought they were on the playing field, as a power problem at the federal courthouse caused muggy conditions in the courtroom. The judge insisted that the well-heeled crowd of lawyers remove their suit jackets. Frederick did so, while Clement declined.

Both more typically find themselves at the U.S. Supreme Court, where Clement has fought gay marriage laws and state health care mandates, and Frederick has pursued consumer protection cases.

Their very presence signaled the importance of the litigation to both sides, on both financial and public-relations grounds.

One wrinkle in the litigation is what the NFL calls the "gap-year" players, who played from 1987 to 1993, when there was no collective bargaining agreement in place. The NFL, eager to avoid opening up its files in legal discovery, argues that those players were bound by previous contracts or contracts later in effect when they collected pensions.

"I certainly admit that the gap-year players ... are the most difficult cases," said Clement. But he said very few people played only those years, and not under a contract before or after.

For the latter group, "There's no way to say the only hits that hurt you are the hits from those years," he said.

Information from The Associated Press was used in this report.