How Should I Feel About the NFL Concussion Settlement?

Dear Sports Fan,

I read over the weekend that the NFL settled a lawsuit out of court with retired players on the subject of concussions. I know concussions are an increasing concern in sports. How should I feel about the NFL concussion settlement?

Thanks,
Tricia

— — —

Dear Tricia,

Every good settlement is going to leave people on both sides with mixed feelings. The agreement that the NFL made to give $765 million to retired players is no exception to that rule, but I think it is more good than it is bad. Here are a few reasons why:

People Need Help Now

Retired football players who are suffering from the result of head trauma need help now. This is clear from the high-profile suicides of former players like Junior Seau, Ray Easterling, and Dave Duerson as well as the heart-wrenching stories of Steve Gleason and Kevin Turner and many others who are alive but severely affected by early dementia and Alzheimer’s, ALS (Lou Gehrig’s disease, which has been linked in theory, even on nfl.com, to brain trauma), and other issues. You might expect NFL players to have enough money to take care of their own health care but salaries have only skyrocketed to the current  in the past thirty one years since the 1982 strike and there is still an enormous amount of inequality within NFL player salaries. There are a lot of older players and less successful players out there who never made a lot of money. It’s conceivable for recent retirees to be rich beyond our wildest dreams, but if you look at the bigger picture you will find many stories like Terry Tautolo‘s, who ended up homeless.

Retired NFL Players are Not the Public

One of the best arguments you will hear for why this settlement is a bad thing is that it allows the NFL to avoid being forced to reveal in court how much it knew about the effect of concussions and when it knew what it knew. Daniel Engber of Slate.com makes this case forcefully but I don’t totally buy it. It’s easy to see parallels between this situation and Watergate or cigarette companies. The questions “what did they know” and “when did they know it” are instinctive because of those cases. A key difference is that this is a dispute between employees and an employer, not between a government and its citizens or a group of consumer companies and its customers. In terms of being truthful to the general football-watching public, the breach of trust is happening more now that the NFL is trying to market a softer, safer sport than it has in the past. If the NFL knew that it had an unsafe work environment (okay, obviously it’s unsafe, but I mean…really unsafe) and they actively hid information about the hazards from its employees, they should pay and pay punitively. The NFL owes its former employees but it does not owe the public nor would justice be served by its public humiliation or destruction.

It Ain’t Over Till It’s Over

This settlement does not preclude future lawsuits. NFL players like Scott Fujita, who wrote a great article in the New York Times about the settlement, know this. Fujita writes that he did not get involved in the lawsuit because he didn’t want to “risk watering down a potential award for so many people who are legitimately suffering. There are numerous former players experiencing a wide range of brain-related health issues. Right now, I’m not really one of them.” If he starts experiencing symptoms he is free to open his own suit against the league. The NFL knows this too, and that’s why the settlement is not just for players who actively participated in the lawsuit. Any retired player suffering from brain injury is entitled through this settlement to up to $5 million depending on their particular ailment.

A timeline of the lawsuits and settlements against cigarette companies over the past fifty years is a good reminder that the first settlement can be followed by later, larger settlements. The deadspin.com timeline of the NFL concussion issue only has one settlement on it so far but otherwise it looks chillingly similar.

It Would Have Been Tricky in Court

Although it seems obvious that a profession that involves being smashed repeatedly in the head had something to do with the damage done to its employees, it might have been very difficult for the players to win this case in court. Brain injury is more clearly understood all the time, but it remains frustratingly elusive both from a medical standpoint and a legal one. Matthew Futterman and Kevin Clark of the Wall Street Journal made this point convincingly in their article about the settlement:

Legal experts familiar with the case say the plaintiffs’ attorneys didn’t believe they had enough firepower to win in court. NFL lawyers were prepared to probe each plaintiff about his athletic history to try to convince the court the NFL couldn’t be held liable for injuries that could have come from youth, high-school or college football—or substance abuse.

The NFL has virtually unlimited resources to throw against their former employees in court. It might not have been a pretty sight. It still might not be.

Which Lesson Has Been Learned?

It’s easy to point at the overall value of the settlement relative to the wealth of the NFL and argue that the only lesson this will teach the NFL is that they can continue to get away with downplaying the danger of brain injury among their players. This doesn’t seem likely. For one thing, it’s clear from the history of the 2012 NFL referee labor dispute that the NFL often operates on principle instead of or in addition to finance. That the NFL reached a settlement suggests to me that it is ready to understand (or has already understood) that brain injury represents one of the biggest potential threats to its existence as an institution and profit-making machine. If this is true, the league will accelerate its initiatives to create a safer environment for current players.

Thanks for your question,
Ezra Fischer

 

How Tough Are Hockey Players?

Dear Sports Fan,

I had heard hockey fans were tough but seriously, how tough are hockey players? I saw a guy get hit in the face with a puck last night, get stitched up, and keep playing. Sheesh.

Sincerely,
Sam

— — —

Dear Sam,

They are really tough.

Thanks for your question,
Ezra Fischer

Just kidding — we’ll write a bit more about this while we’re on the subject. As the Marx Brother’s line from Monkey Business goes, “How much tough you want? You pay too much, we too much tough.” Hockey players are too much tough. The guy you saw last night is named Andrew Shaw. This was him before the game:

Ashawbefore

This was Shaw during the game:

AShawduring

And this was him after the game:

2013 NHL Stanley Cup Final - Game Six

 

 

 

 

So, yeah, they are tough. One thing that is notable about hockey culture, which we mentioned before in our post on Ken Dryden’s article earlier this playoff season about violence in Hockey, is how completely brutal players are to each other. The ethos of hockey allows for a player to target another player who he knows to be injured without any guilt. As a result of this, hockey teams are notoriously silent about who is injured and how badly. During the playoffs you may have heard the phrase “So and so has a ‘upper body injury'” or a “lower body injury” or even at times a “body injury.” This is a compromise between the league which insists the teams give out some injury information and the teams that don’t want to give any out. After the season is over, when there is no reason to hide anything anymore, the list of injuries that players were playing through is often unbelievable:

On the winning Blackhawks, aside from Shaw, Michael Handzus played with a broken wrist and a torn ligament in his knee and Marian Hossa played with a pinched nerve in his neck that left him unable to feel his right foot. The Bruins were at least as injured. Nathan Horton played with a separated shoulder that is going to require surgery and Tyler Seguin will also need surgery on his hip. Patrice Bergeron who was one of those players said to have had a “body injury” almost made that an accurate statement with his broken ribs, torn cartilage  and separated shoulder.

There seems to be equal parts honor and lunacy in playing through these injuries but increasingly the lunacy is outweighing the honor when it comes to concussions. Speculation and euphemism about concussions hovered over some players, Jaromir Jagr and Jonothan Toews primarily, but as of yet no one has admitted to having suffered one. Frankly this is where a lot of hockey fans find the line between being impressed with hockey players’ toughness and being concerned for their health and saddened or disgusted by the sport very tough to identify.

Why are hockey players so tough? Tradition has a lot to do with it — there is so much ritual in hockey from the anthem before the games to the hand-shake line after a series is complete — and a lot of that tradition teaches players how to react to and play through pain. I also speculated in the Why Do People Like Hockey post that the very nature of hockey allows for playing through injuries that would be impossible in other sports because players play for 45 second shifts at a time, making it more psychologically possible for them to convince themselves they can overcome pain one more time and then one more time again.

Hoping your reading experience was pain-free,
Ezra Fischer

Hockey Culture and Ken Dryden's 'After the Hit'

On May 8 we answered a question about the rules of lacrosse from Alana. In it the subject of how different sports deal with players who put themselves in dangerous situations came up. In women’s lacrosse there are rules against endangering oneself. In ice hockey, we noted, the rules and the ethos of the sport are the opposite. If you put yourself in a dangerous position in hockey you are likely to get hurt by a player acting within the rules and hockey culture will tell you that you have no one to blame but yourself.

On the same day Grantland.com published an article by Ken Dryden about the same topic. The first sentence of Dryden’s Wikipedia page describes him as “a Canadian politician, lawyer, businessman, author, and former NHL goaltender.” He was a Stanley cup winning goaltender for the Montreal Canadians in the 1970s and later wrote a book about his experiences called The Game which is widely thought of as one of the best books about hockey ever written. He’s definitely got the credentials to be well respected and closely listened to about hockey.

In the article, “After the Hit,” Dryden comments on a violent collision and the resulting injury and suspension from a recent game between the Ottawa Senators and the Montreal Canadians[1] and he wonders if hockey’s ethic on responsibility as it pertains to endangering oneself has gone too far:

It’s this aftermath to the hit that I’ve found most remarkable. There is an ethic in sports that wasn’t always there. It goes, As a player, I can do what I want to do. I will do what I must do. I will face the consequences of my actions and of the rules. Other players will and must do the same. It is my responsibility to protect myself; it is no one else’s. It is their responsibility to protect themselves; it is not mine. If, out of this, things happen, they happen. I may feel sadness as a human being toward another human being, but sadness is not the point. I will feel no regret. I expect none from others. That’s hockey. That’s life.

There is another ethic in sports that has also always been there, and still is. It is worn as a badge of honor, particularly by the “tough guys.” It goes: I will not hit someone when he is down. I will not hit someone when he is defenseless. There is no courage in that. There is dishonor in the doing. The question in this case: What makes a Gryba hit clean and good on a defenseless Eller when a punch to the face of someone lying on the ice, equally defenseless, is not?

I encourage you to spend a few minutes with his article!

Ezra Fischer

Footnotes    (↵ returns to text)

  1. There are some graphically violent videos in the post so watch out — but you don’t need to click on them if you don’t want.

When Will People Stop Playing Violent Sports?

Dear Sports Fan,

Someone died in an Indy Car race today? Why do people do this to themselves? When will they stop?

Seriously, this is crazy,
Fernando


 

Dear Fernando,

It does seem a little crazy, doesn’t it?

Dan Wheldon who was a former Indy 500 champion died today during a race in Las Vegas  in a crash that involved 15 cars traveling at over 200 miles an hour. I don’t know what makes people do risky things. In sports there are obvious dangers — car crashes, broken bones, and torn ligaments. Taking a stick, puck, elbow, or fist to the face leaves a visible and sometimes permanent mark of the perilous life of an athlete. We now know there are less visible but still insidious dangers that lurk in the repeated collisions that take place on every play of every football game and practice. I’m not sure what attracts us to sports. Are we attracted in spite of or because of the danger?

When it comes to injuries short of death (and to an increasing extent, brain injuries, but that’s another story…) sports cultures tend to build off the courage and intolerance to pain that are a necessary part of doing anything as physically challenging as playing a sport to create an intolerance to the admission of pain. There is a cliche that there is a line between being hurt and being injured. You can play hurt. You can’t play injured. The line moves a little from sport to sport, but reasonably bizarre things are often on the line of hurt. How far you are willing to push that line for your own body generally has a lot to do with how your teammates and coaches think of you. I played soccer for about 10 years growing up and I am still proud to say that I never missed a game with a “hurt.” Sure, I dislocated each of my kneecaps twice… but those were “injuries.” At the level (low) that I was playing at, this is usually a fairly innocuous attitude to have, but at higher levels, it leads to people pushing their bodies into all sorts of situations that are likely to have long-term effects on their health. This Malcolm Gladwell article made a big splash for its revelations about concussion, but when read carefully, it suggests something else — that willingness to put ones own health at risk for the good of the team is basically selected for throughout youth sports, so that by the time you get to the highest levels of competition, basically everyone is like this.

One would think that death cannot be an extension of this attitude towards your own body. And in fact, I imagine it’s not. But risk of death might apply. There is some risk of death inherent in every sport. It’s certainly higher in sports like football, hockey, cheerleading, boxing, and racing than in sports like baseball, soccer, and basketball. I can’t speak for drivers, but I imagine that like with injury in other sports, people who do not have the quality of being willing to risk their lives in their sport are weeded out long before we ever see them on television.

I don’t know why there are people willing to risk their bodies and their lives for a particular activity, but I do know that for the most part, these are the people who are successful enough to make it to the professional ranks of each sport. It’s almost a catch-22, but the reason drivers are crazy enough to get in cars and risk their lives is because only people that crazy can drive professionally.

Let’s hope risk doesn’t turn to loss again for a long time,
Ezra Fischer

Can you Explain the Head Injury Issue?

Dear Sports Fan,

Can some one other than Malcolm Gladwell explain the whole head injury issue? How is Toyota going to fix it and why is no sport but football getting flack?

Thanks,
Sarah


 

Dear Sarah,

The bottom line is, science is getting better – so while we probably always knew that people smashing into other people (or objects) wasn’t good for them, we can now point to a specific brain injury that results, and it ain’t pretty: chronic traumatic encephalopathy, which basically means that, if you studied some athlete’s brains at 50, you’d think they were 85 year olds suffering from dementia.

Why? There’s a lot of talk about concussions, and that’s the simplest, most straightforward explanation. If you’ve ever had a concussion, you know it’s a miserable experience – you also know that after you get the first one, you’re more likely to get a second one, then a third. If you’re a football player, that’s basically an occupational hazard. What we’re learning, though, is that each subsequent concussion has more serious long term impacts – and can lead to early onset of dementia or other emotional/depression issues. It’s slightly easier to deal with the kinds of massive hits that most frequently cause concussions because, at least in football, these are mostly blindside hits on players who don’t know they’re about to get clobbered and can’t defend themselves. These hits can be phased out of the game by changing the rules. They’re trying to do that now.

What also contributes to this is the so-called “sub-concussive” hits – the thousands of times a player will clash with someone and jostle the brain around in the skull just a little bit. This is one of the things that makes football the center of the brain injury story. In football, offensive and defensive linemen clash every single play with the force of a small automobile accident. Turns out these add up too, especially when you consider these guys have been playing football since they were kids. All of those little hits keep accumulating, and the concern now is that this is an issue that’s even bigger than pro football – that college and maybe even high school players may do some long-term brain damage. That issue is much more difficult to address, because you can’t get rid of that type of contact – it happens every play, all over the field.

Which brings us to Toyota. There is no silver bullet to this problem. The solution will involve a combination of rule changes and improved technology – and acknowledgement that the problem will never be truly solved. People will suffer some amount of brain damage, both because we want to see football and there are people who are willing to take the risk to play it. But the technology involves some really cool research that allows scientists to tell exactly how much force is being delivered with each hit, how the impact is distributed across the body – and, theoretically, how to design equipment to ensure the brain is the recipient of less of that impact. Toyota’s part of that effort because 1. They’ve got an image problem,[1] 2. They’ve got lots of engineers and 3. They’re smart enough to know that nothing makes a foreign company feel less foreign than making America’s favorite game safer and

That last point explains why football is taking the brunt of this. It’s the biggest sport, and sports business, in America today. So while other sports have similar issues – hockey, boxing, Mixed Martial Arts – the research hasn’t been as widespread because those sports aren’t as popular and there aren’t as many kids playing them. It’s only a matter of time though. The science is only going to get better, and I don’t think there’s anyone who thinks that what we learn is going to make us feel better.

The only question is, is there a point at which Americans – the fans and the players – will say the risk is no longer worth taking?

Thanks for the question,
Dean Russell Bell

 

Footnotes    (↵ returns to text)

  1. Runaway Priuses and Camries + Ford resurgence = need for image makeover.

Why are sports fans obsessed with injuries?

Dear Sports Fan,

The sports fan in my life disregards my injuries and illnesses as mere complaints until I am either completely incapacitated or bleeding prodigiously. Yet the mere mention of a potential injury to any appendage of one of his teams’ players sends him into Colonel Kurtz mode – The horror, the horror – before he spends an hour on WebMd trying to identify a miracle cure. Any chance any of that sympathy can be directed my way?

Hurt in Houston

— — —

Dear Hurt in Houston,

Let me put it bluntly: no. When you get sick or injured, (knock wood) you get better and your life goes on. Your fan’s favorite athlete, or a key player on his team? Well…

Injuries are one of the most frustrating things in sports. Think about sitting at your computer doing work – not one of those mind-numbing, I’m half-working and half-googling to see if I can buy the dress Kate Middleton wore to her engagement announcement, but really jamming on a project, getting excited about it, rocking back and forth in your chair and laughing to yourself from time to time cause your brilliance surprises even you. Now, imagine the power goes out.  Your first thought is pure horror: all is lost.

There’s uncertainty – when’s the last time I saved? Does it even matter? Will it even remember that? There’s the period of irrational hope as you reboot when the power comes back on – I’m sure Bill Gates saw this power outage coming, there’s NO WAY Word wouldn’t save automatically. Then you login and pull up Word and, really, all you can do is hope.

That’s the best comparison I can come up with to an injury: no matter how well everything is going for your fan’s team, they are always one injury away from catastrophe, and there is NOTHING anyone can do about it. Absolutely nothing. That injury can happen in any number of ways – horrifically (Joe Theisman, a Redskins quarterback having his leg broken in two), hysterically (Bill Gramatica, an NFL placekicker, tearing an ACL celebrating a field goal) , frequently (Vince Carter[1]) and downright bizarrely (Shaq, the 7 foot, 300 pound beastly freak of an athlete who, for a chunk of his career, was felled by an injury to his big toe) –  but there’s no recourse for the team or your fan. All you can do is watch the athlete get carried off the field and try to convince yourself that it’s not nearly as bad as it looks and that yes, elbow joints are definitely meant to rotate 360 degrees.

One other note: an injury to your fan’s favorite athlete is a particularly crushing blow. One thing all sports fans are acutely aware of is that we have a limited amount of time with our athletes, and even less time to watch them while they’re in their prime (whereas, theoretically, they have their entire life to spend with you. But I digress). Age will slow them down even if injuries don’t. So when we see an injury to our favorite player we think two things. 1. I just lost some of my quality time with this guy; and, 2. Thanks to this injury, this guy may never be as incredible an athlete again. Think about that: in what other job can a single, freak occurrence ensure that someone will never perform at a high level again?

Hope this helps,
Dean Russell Bell

 

Footnotes    (↵ returns to text)

  1. Note on Vince Carter: Vince Carter was an enormously talented basketball player who never fulfilled his potential because of his complete lack of heart and desire. He’s like the guy in your office who takes so many sick days for so many absurd reasons that you can start to predict when it’ll happen – you even have an office pool to bet on which ailment he’ll claim on a given day. It’s 80 and sunny – I’ve got $20 says Bob’s calling out with a stomach flu! That was Vince Carter – the man made tens of millions of dollars, but the mere suggestion of physical contact was enough to send him sprawling with a look on his face making clear that what just happened was some kind of historical injustice.