The NFL has requested that the lawsuit filed by former Chicago Bear Dave Duerson's family be moved from Cook County court to a federal court. The move is an attempt by the NFL to lump the Duerson suit in with other lawsuits being pursued by several former players. The family is opposed to the move. How is the case of the Duerson family different from those of other players?
The lawsuit filed by the Duerson family is a wrongful-death suit. They allege that the NFL knowingly concealed information indicating that concussions can lead to brain damage. The family identified six other former NFL players who committed suicide after suffering concussions on the field. The suit goes on to state that if Duerson had been appropriately warned of the dangers of repeated head traumas, he would not have suffered the brain damage that led to his death. Duerson committed suicide by shooting himself in the stomach last year.
There have been several other lawsuits filed by former players indicating that they were also not warned of the dangers of repeated concussions and brain trauma. One of those suits includes one filed by 126 players, including 15 former Washington Redskins players. The lead plaintiff in that suit is Mark Rypien, who has suffered from memory loss, as well as other neurological problems. His cousin, Rick Rypien, committed suicide last year. He also had several concussions while playing football.
The problem with the NFL attempting to consolidate the cases is that the experience of each player is different. Mark Rypien suffers from his injuries every day, while players like his cousin and Dave Duerson ended up taking their own lives. If the NFL led to the deaths of players who committed suicide, whether it be directly or indirectly, they have a different responsibility to the families of those players as they do to the players who are still alive.
The lawyer representing Dave Duerson's family has indicated that the NFL is seeking to consolidate the cases in order to avoid a "bureaucratic nightmare" from dealing with each case separately. If the NFL is indeed responsible for giving players inaccurate information about their injuries, the plaintiffs should not have to be bothered with what is more convenient for the NFL.
Is a wrongful-death lawsuit from the Duerson family appropriate? It is hard to believe that a man as intelligent as Duerson was not aware of the risks involved with repeated blows to the head. That being said, the NFL can afford the best doctors and trainers in the country. If the trainers and specialists were telling players that they were not at risk for serious injury, it is not hard to believe that the players might accept that as fact. NFL players know that they have a job to do, and they have a passion for their sport. If they are told they can get back out on the field, why would they ever stay on the sidelines?
Dave Duerson's death was tragic for his family and his fans. It seems that it will be easier for the family to win their suit if it stays in county court. I only hope that if a large settlement is reached, the family chooses to give a large portion of the money to the foundation named for Duerson. The foundation will help prevent head injuries for students in Muncie Indiana, where he attended school, by providing testing for athletes before and after receiving concussions.
Whitney Levon is a Chicago native whose dedication to the Bears goes back to her first football memory; the Bears' 1985 Super Bowl victory. She has been covering the Chicago Bears and other Chicago teams since 2010.
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