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FUMBLE IN THE NCAA
A new brain injury lawsuit could be the undoing of college football as we know it
The National Collegiate Athletic Association (NCAA) dropped the ball when it came to protecting football players’ brains, argues the widow of a deceased player in a lawsuit about the neurodegenerative disease chronic traumatic encephalopathy, or CTE.
Just a year after the National Football League (NFL) settled for $1 billion with the families of players who suffered brain damage, and after the college athletes’ league reached a settlement to provide free biannual medical screening for athletes, the NCAA will tackle the matter again publicly in a Texas civil court. But this time, the NCAA officials will have to testify in front of a jury. The trial, which begins today (June 11), will be the first time NCAA representatives will have to answer questions in court about brain injury, revealing just what they knew about CTE and the risks of playing football, how long they knew it, and whether they hid information about those dangers from college athletes.
The plaintiff in this case, Debra Hardin-Ploetz, is the widow of Greg Ploetz, a linebacker and defensive tackle for the University of Texas from 1968 to 1972. He never played professionally, but in 2015, after he died, neurologists from Boston University who examined his brain concluded that he had the most severe form of CTE, and that the disease is what killed him.
Although Ploetz stopped playing football after college, he experienced symptoms of CTE, including depression, aggression, and confusion shortly after graduation. Eventually, he lost the ability to communicate in full sentences, responding only “yes” and “no” to questions and requiring full-time care.
In 2017, Hardin-Ploetz sued the NCAA for over $1 million on two grounds, reports Sports Illustrated: First, for negligence generally, meaning that the NCAA did little to warn or protect players like Ploetz about CTE, while knowing the dangers of playing the sport and taking years of hits to the head. Second, for wrongful death, which is a negligence claim made by the victim of someone who is deceased and applies to Ploetz specifically.
The NCAA, for its part, argues that because Ploetz knew the dangers of playing a contact sport, it isn’t liable for his death.
At the time Ploetz played in the NCAA, the league had no public policies on managing head injuries and concussions, and no rules about what colleges had to tell players, according to a deposition (pdf) of Mary Elizabeth Wilfert, associate director of the NCAA Sport Science Institute.
Today, universities must have comprehensive plans to care for athletes who become concussed, including criteria for when players are allowed to return to practice, games, and the classroom. Each player must sign a waiver acknowledging that they understand that their particular sport puts them at risk of head injury. Football players must wear (pdf, p. 106) knee pads, shoulder pads, mouthguards, and helmets with a faceguard and chin strap that meet impact testing standards set by the National Operating Committee on Standards for Athletic Equipment. These helmets, too, must contain a warning label about the risks of obtaining head injuries.
Hardin-Ploetz’s attorneys have noted that it took the NCAA 12 years from the time they learned that mouthguards could help prevent concussions and other injuries to implement rules requiring the equipment. And that’s even when the recommendation to enforce mouthguard use had come from one of the NCAA’s own safety subcommittees. The attorneys say is this evidence the association wasn’t overly concerned with player safety.
The widow’s claims in this case are somewhat analogous to Big Tobacco cases. For decades, Big Tobacco hushed the scientific research showing that smoking does in fact cause lung cancer. Smokers may have suspected that their habit was dangerous, but companies were still found liable in the courts for failing to publicize science on the actual dangers. Similarly, the NFL for a long timed denied the link between playing football and developing CTE later in life, despite the fact that neuroscientists have known for many years that repeated hits to the head, and not just concussions alone, directly cause the neurodegenerative disease. Players may understand a contact sport is risky, but if an athletic association or league failed to disclose known risks and failed to take precautions that could have prevented harm, it can, arguably, still be held liable for negligence and CTE deaths, no matter what players knew.
The NCAA has tried to block Hardin-Ploetz at every turn in this case, fighting her lawyers’ requests to depose association doctors and generally trying to minimize discovery. The deposition testimony shows acrimonious and contentious exchanges, with NCAA attorneys objecting to many questions, and the widow’s legal team complaining they can’t get the answers or witnesses they need.
While the trial isn’t likely to be a friendly affair, all parties will have to play a more civil game. If the NCAA seems to be blocking questions or otherwise indifferent to the plight of players, jurors will probably not be happy with the association.
On the other hand, a jury of Texans—who famously love college football— might be wary of what Hardin-Ploetz’s claims could do to the beloved pastime. If she wins, more former players may bring their CTE cases to court—which may result in further testimony from the NCAA on the dangers of football-playing, and could eventually influence the way football is played at the collegiate level. This, in turn, could put pressure on the NFL to do the same.
Although it’s hard to speculate, one such change would be transforming the way players are allowed to tackle one another. According to an analysis of the 2015 to 2016 season, tackling was the number one cause of concussions during games, and most of them come from helmeted head slamming into bodies. Theoretically, barring cross-body tackling—where a defensive player runs at an offensive player sideways with his head and chest across the offensive players body—and a win for the widow of a CTE victim in court would certainly help that cause..
However, college and professional football are high-stakes sports. If spending time learning alternative tackles takes away a team’s competitive edge, it may ignore new rules or find work-arounds to allow its players to continue making the sports’ characteristic big hits.
Football has already dropped in popularity in recent years, and a win for the widow in this case isn’t likely to help. Some fans may resist any resulting changes to beloved football traditions, while others may see the case as one more reason to abandon the sport.
The San Antonio Express News article by Mike Finger June 2, 2018 Pictures to Mike's article were added by Billy Dale . Greg was my teammate and Julius was my roommate.
This combination of photos provided by Boston University shows sections from a normal brain, top, and from the brain of former University of Texas football player Greg Ploetz, bottom, in stage IV of chronic traumatic encephalopathy. According to a report released on Tuesday, July 25, 2017 by the Journal of the American Medical Association, research on 202 former football players found evidence of a brain disease linked to repeated head blows in nearly all of them, from athletes in the National Football League, college and even high school. (Dr. Ann McKee/BU via AP) less
Mildred Whittier still has not made it to the inside of a courtroom. It has been four years since she filed a lawsuit against the NCAA on behalf of her trailblazing brother, who battles dementia almost five decades after he became the first black football letterman in Texas Longhorns history.
Still, she waits.
Zack Langston’s family is waiting, too. In 2014, the former Pittsburg State linebacker committed suicide at 26, leaving behind instructions to have his brain studied for evidence of chronic traumatic encephalopathy, or CTE. Now, his case against the NCAA has been folded into a class-action lawsuit potentially involving thousands of former players.
For all of those families, a resolution could be years away.
But a week from Monday, Debra Hardin-Ploetz will not have to wait anymore. On June 11, she is scheduled to appear in a Dallas courtroom, where her attorneys will argue that the NCAA is legally responsible for her husband’s death.
It will be the first time a CTE case ever has gone to trial in this country. And for the NCAA, it will mark the beginning of what could be a momentous stretch of legal tumult that could leave a lasting effect on the governing body whose original stated mission is “to keep college athletes safe.”
Later this year, the NCAA will have to defend its limits on compensation for student-athletes in a trial set for a California courtroom. That case, legal experts say, has the potential to upend the entire concept of amateurism in college sports.
But in many ways, the CTE trial in Dallas could wind up being just as significant. That case revolves around Greg Ploetz, who played football at UT in 1968, 1969 and 1971, and died in 2015.
According a clinical report cited in his wife’s lawsuit, Ploetz suffered a myriad of serious health problems throughout his life, and “became apathetic, disinhibited, exhibited compulsive behaviors, and his personal hygiene began to decline. He experienced paranoia and confusion, was psychiatrically hospitalized, and was in and out of respite homes due to aggressive behaviors.”
Neurologists at Boston University, who studied Ploetz’s brain after his death, concluded he suffered from stage IV CTE, the most severe version of the disease. Those same researchers recently published a study stating CTE was found in 99 percent of brains obtained from NFL players, 91 percent of college football players and 21 percent of high school football players.
With that link in mind, the most important question to be settled in the Ploetz trial is this:
To what extent should the NCAA be held responsible for protecting athletes?
When the jury provides its answer, the effect could be huge. In an interview with The Brookings Institution, Donna Lopiano, the former UT women’s athletic director and former CEO of the Women’s Sports Foundation, estimated that the NCAA could face “at least a billion dollars in concussion liability.”
To win her case, Hardin-Ploetz — who is represented by Houston attorney Eugene Egdorf — will need to prove the NCAA was negligent.
Michael McCann, a legal analyst for Sports Illustrated, broke down the keys to proving that argument like this:
“Hardin-Ploetz insists that, 1. the NCAA openly acknowledged a legal duty to minimize the risk of injury to Ploetz while he played college football; 2. Ploetz relied on the NCAA to satisfy this duty; and 3. the NCAA failed to meet the duty.”
The NCAA, of course, is likely to argue that college football players assume the risk of injury by voluntarily playing a physical sport, and that the governing body had no duty to protect players as extensively as the Ploetz lawsuit suggests.
But Egdorf will have plenty of evidence to suggest otherwise. According to Sports Illustrated, Hardin-Ploetz’s lawsuit cites a 1933 NCAA medical handbook recommending that concussed players be held out for 48 hours, which could suggest that the NCAA should have required safety measures even during Ploetz’s career.
The plaintiff also could bring up NCAA president Mark Emmert’s 2014 testimony before the U.S. Senate, when he said, “I will unequivocally state we have a clear moral obligation to make sure we do everything we can to protect and support student-athletes.”
Hundreds of families, from the Whittiers to the Langstons to all of those filling the class-action suits still pending, believe the NCAA did not meet that obligation. Many of them have been waiting a long time to make that argument.
In just a few days, they finally will get to hear someone make it for them.
Sent from my iPad
Chicago Tribune November 2017
Four years ago, researchers from Evanston's NorthShore University HealthSystem and other scientific organizations announced that they had used brain scans to detect the hallmark of chronic traumatic encephalopathy, or CTE, in ex-football players while they were still alive - a technique that promised to spur more accurate diagnoses, and possibly new treatments.
The scans indicated the presence of tau, a protein that builds up over damaged neurological cells, in the brains of former NFL players. But the scientists cautioned that the results needed to be confirmed, since CTE can be definitely diagnosed only by examining brain tissue after a person's death.
Dr. Julian Bailes, a NorthShore neurosurgeon, said Wednesday that confirmation has arrived.
In a paper published last week in the journal Neurosurgery, Bailes and other researchers reported that one of the former players who had undergone a scan had his brain examined after he died - and sure enough, the tissue revealed that he had been suffering from CTE.
The condition is associated with repetitive head trauma and results in
More research is needed to corroborate the result, but if it holds up, Bailes said it could be a pivotal step in finding a way to help people with the condition.
"If there's ever a treatment developed, you can test the response to it," he said. "If you can trust the scans, you can tell a football player he shouldn't keep playing, or tell someone in the military he can't get in the way of explosions."
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INFORMATIONAL ONLY- The comments below are not endorsements by tlsn
NOTICE OF AMENDED TIMELINE IN THE PROPOSED SETTLEMENT OF CLASS ACTION AND FAIRNESS HEARING FOR MEDICAL MONITORING AND RELEASE OF CLAIMS MAY 23RD 2017
On May 23, 2017, the Court issued a Scheduling Order which amended the timeline in the class action lawsuit called In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, Case No. 1:13-cv-09116 (N.D. Ill.). It is pending in the United States District Court for the Northern District of Illinois.
This Scheduling Order can be viewed at the Settlement Website, www.collegeathleteconcussionsettlement.com and extends the deadline to request exclusion from or object to the Settlement to August 4, 2017, and rescheduled the Fairness Hearing for September 22, 2017, at 10 a.m. at the Everett M. Dirksen United States Courthouse for the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois.
If you have any questions,
In re: NCAA Student-Athlete Concussion Injury Litigation, c/o Gilardi & Co. LLC, PO Box 43414, Providence, RI 02940-3414
Saw this last week about a young lady with a remarkable recovery. This is the same group that Bob Lilly and others have treated with.
From Bill Atessis
There is a less expensive procedure called celltex that is administered in this country. I cannot substantiate the results of the treatment, but I know some very important people are using this procedure. Their site is http://celltexbank.com/, and the site has a testimonial component you can visit. Other sites to visit include
Dear Horns, (From Bill Atessis)
I am in the beginning phase of investigating a treatment by Celltex Therapeutics for one of my closest friends. This company has treated several prominent NFL players for Dementia and Alzheimer's. I have spoken with several former Dallas Cowboys who have been treated and all are pleased with the results.
That said- please know that I am still in the due diligence phase of research and my comments are informational only and should not be construed as an endorsement of Celltex .
Jackie Sherrill (former A&M Coach back in the 80's) has been working with Celltex Therapeutics and NFL players to get this treatment covered by the lawsuit funds. I'm not exactly sure of the pricing but the NFL players I talked to say it is around $15 - $20 thousand. I will try and meet with Jackie to get more information and a better idea of costs.
This treatment is not covered by insurance nor is it FDA approved. The stem cell extraction is done in Houston however the injection is done at their clinic in Cancun Mexico.
If you have any questions that you would like me to ask as I pursue my due diligence, please forward to me thru BillyDale1@gmail.com.
I hope all is going well with you and family. I am really encouraged about our new coach, and I believe we are going to see UT back in the top tier of college football where we should be.
From Deb Ploetz
Greg Ploetz and many more of our teammates have paid the ultimate price from football related concussions. The organization below is seeking funding to continue research on how to lessen the impact of this contact injury on players who have CTE.
Article Written by Terry Frei for the Denver Post about CTE and Greg Ploetz death
Many..... still are shaken by the September 2013 death of , the charismatic Wishbone wizard and the father of former Rockies pitcher Huston Street. Street died of a heart attack. Also, James Saxton, the Texas running back who finished third in the 1961 Heisman Trophy voting (behind Syracuse’s Ernie Davis and Ohio State’s Bob Ferguson), passed away at age 74 last week after a long battle with dementia. At least one other prominent player in the Texas program from 1969-72 also is fighting dementia.
In communicating with Dale during this process, and telling him how much I respected how the LSG has responded to help Ploetz and other former Longhorns and their families, I mentioned that my father was the head coach at Oregon during that period, and I’ve been reminded again and again over the years about how the bonds between teammates — and between coaches and players — last. The latest was when three of my siblings and I were present as our father posthumously was honored at the Oregon spring game on May 3, tying it the military appreciation theme of the afternoon because he had been a decorated P-38 fighter pilot during World War II … and never allowed that to be included in his coaching biography. (He was an Army Air Forces contemporary of Ploetz’s father, Frederick Ploetz, the P-40 fighter pilot, also in the Pacific Theater.)
I feel comfortable with sharing what Dale wrote me about the teammates’ bonds issue:
“Bonding only occurs when the respect of a teammate is earned. We all respect each other. We struggled through the mental anguish of trying to be a starter for the Longhorns. We shared victories, losses, work-outs, fellowship, sorrow, pain, and joy together and now that most of us are entering the 4th quarter of our lives, we huddle again as a team to help each other. The teammate bond is not broken and the respect for each other remains years after our glory days at UT have ended.”
Greg Ploetz, Former Texas Football Player, Dies At Age 66
Questions are now being raised about the association of CTE to football head trauma. There are now scientific arguments that question CTE as the primary cause for head injury. Please see link below.