The Chicago law firm of Corboy & Demetrio has filed a wrongful death lawsuit against the National Football League on behalf of the family of former Chicago Bears player Dave Duerson, who committed suicide last year.
The lawsuit, filed on behalf of Duerson’s son, Tregg Duerson, and three other children, accuses the NFL of knowing the harmful effects of concussions; concealing those facts from Duerson; and negligently causing Duerson’s brain damage, resulting in the 50-year-old’s death.
“Dave Duerson played in an era when the NFL failed to aggressively deal with the serious consequences related to a head injury. For this, Dave Duerson and many others paid the ultimate price,” said Thomas A. Demetrio, Duerson’s lawyer and a founding partner of Corboy & Demetrio.
The complaint charges the NFL with “failing to prevent, diagnose and/or properly treat” Duerson’s concussions in 1988, 1990 and 1992, as well as “undocumented concussions throughout his career.” The suit also alleges that the league never warned Duerson that “playing through concussions could, and would, cause permanent brain damage.”
The suit, filed in Cook County Circuit Court, also names helmet maker Riddell, Inc. as a defendant, alleging that its helmets did not adequately protect players from concussions.
Central to the claim may be the neuro-pathological review of Duerson’s brain at Boston University’s Center for the Study of Traumatic Encephalopathy, which determined that he was “suffering from progressive, advanced brain damage, commonly referred to as Chronic Traumatic Encephalopathy (CTE), which caused or contributed to Duerson’s death.”
“CTE has been a known entity to the NFL for years. This degenerative brain disease causes various symptoms ranging from cognitive decline to dementia. The NFL’s blatant disregard of the significance of this crisis amongst its retirees is baffling,” said Corboy & Demetrio lawyer William T. Gibbs, who is also representing the Duerson estate.
The plaintiffs’ attorney noted that Duerson “had no prior history of depression or psychological issues, but in the 10 years leading up to his death he had complained of intense headaches, worsening short-term memory and a growing problem with impulse control.”
The lawsuit also claims the NFL “embarked upon a propaganda scheme designed to mislead NFL players and retirees” about the long-term effects of concussions and other brain trauma.
Sports Law Attorneys Weigh In
The plaintiffs may have an edge, according to sports law attorney Amelia Salehabadi Fouques, since there “is unequivocal damage, and second, Duerson’s brain was autopsied and scientists discovered that advanced chronic encephalopathy had invaded his brain.”
At the same time, she noted that the plaintiffs will have to prove that the NFL acted negligently and that negligence contributed to Duerson’s death. “In order to do this, the plaintiff’s lawyers will have to prove that the NFL knowingly minimized, ignored, falsified or denied new concussion data. They will also have to prove the date on which the NFL was aware of these dangers or should have known.”
Christopher Fusco of Callahan & Fusco LLC added that the litigation “will require medical evidence of a causal connection between the injuries Duerson sustained in his playing days and his decision to shoot himself.
“The burden of proof will be difficult for the plaintiffs. A review of the comments posted to the various articles on this lawsuit reveals that the public is quite skeptical. If the case cannot be settled, the plaintiffs will have to convince the jurors of the connection between Duerson’s concussion symptoms and his suicide through convincing medical expert testimony, and will have to show that the NFL deviated from accepted standards of care for handling concussions.”
