Players’ Union Targeted in NFL Concussion Class Action Lawsuit

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In the wake of a possible settlement for concussion class action lawsuits regarding traumatic brain injury, two former players have gone after the union that represented them, arguing that the National Football League Players Association failed to adequately represent their interests.

Lead plaintiffs Christian Ballard and Gregory Westbrooks allege that “of the millions of dollars received as dues from NFLPA members, including Plaintiffs, the NFLPA spent no significant funds on research and development of safer helmets, safer competition rules, or safer football equipment that could prevent or mitigate brain trauma to players, including Plaintiffs.”

In addition, although players reportedly paid thousands of dollars in dues, the union did not adequately fight for or provide medical experts who would be able to assess teammates of potentially life-altering concussions and related injuries. They should have been able to because, their class action lawsuit attorneys allege, the NFLPA participated in the league’s retirement plan and the Mild Traumatic Brain Injury Committee.

The organization also should have reportedly been aware of statistics outlining the risks including the fact that “multiple blows to the head can lead to long-term brain injury, including but not limited to memory loss, dementia, and depression. It has also been aware that former NFL players have been suffering from long-term brain injuries.” Those probabilities skyrocket after each concussive blow or undiagnosed traumatic brain injury, according to the NFL concussion class action lawsuit.

Since players who were not involved with union activities would not have known of these data points, named defendants also include the three most recent NFLPA presidents, including Kevin Mawae, Troy Vincent and Trace Armstrong. Their service coincided with the beginning of studies from the National Institute for Occupational Safety and Health that “noted an increase in nervous system disorders … and suggested further follow-up over time to determine whether the increase was due to chance.”

The NFL concussion class action lawsuit seeks damages and an injunction requiring better, impartial medical monitoring following potential collisions that could lead to mild traumatic brain injury.

The plaintiffs are represented by class action attorneys from the Regan Law Firm LLC, Shaffer Lombardo Shuran, Langdon & Emison and Yonke Law LLC.

The NFLPA Concussion Class Action Lawsuit is Ballard, et al. v. National Football League Players Association, et al., Case No. 14-cv-01267, in the U.S. District Court for the Eastern District of Missouri.