Friday, July 11, 2014

Loophole?

The NFL finally did the right thing by reaching a settlement with thousands of former players over the issue of concussions. The league should have always looked after these former players. Especially when the owners started getting rich, or richer, off of the labors of those players. The settlement received preliminary approval on Monday and provides benefits in the event that a former player suffers from or eventually develops any severe cognitive impairments: early Dementia, moderate Dementia, Alzheimer's Disease, Parkinson's Disease, ALS, and/or death with Chronic Traumatic Encephelopathy(CTE). It's a terrific thing that the league is finally going to provide assistance to those that are in desperate need for it. Unfortunately, the settlement, as it currently stands, provides no benefits for living players who have CTE but none of the other conditions. Current testing requires brain tissue to detect CTE. Living players are still using theirs. Even if/when a test is developed for reliably diagnosing CTE in the brains of living patients, the former players will get nothing until they die. When they die, their estates will be eligible to receive up to $4 million. But any living player with CTE but none of the above covered conditions gets nothing during his lifetime.

Former Tennessee Titans tight end Frank Wycheck estimates that he suffered between 15 and 25 concussions during his eleven-year NFL career. Today, he suffers from migraines, memory loss, and depression. He hasn't been diagnosed with any neuro-cognitive impairment such as dementia, Alzheimer's, Parkinson's, or ALS. As a result, he gets no assistance under the current settlement. Wycheck is far from alone. It's likely that the majority of the retired players suffering the effects of concussions from their football days have yet to be diagnosed with any of covered conditions. They may never be. If they receive any assistance, it will only come when they no longer need it. Well, their family might need it.

This is a strange loophole. One that actually crushes the terrific good that this settlement brings. It's a loophole that really needs to be closed. The former players have 90 days after final approval to appeal the decision or opt out of it.

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