Players file $200 million dollar concussion lawsuit vs CFL

it was just a matter of time especially after the landmark NFL lawsuit...

[u]Former players file $200M lawsuit against CFL[/u]

[b]Two former players have filed a landmark $200-million lawsuit against the Canadian Football League, former CFL Commissioner Mark Cohon, a leading brain injury expert and a Toronto neurology clinic, alleging they knew and withheld information about how repeated brain trauma leads to long-term cognitive problems.

The lawsuit was filed May 29 in Ontario Superior Court by Korey Banks and Eric "The Flea" Allen.

Both Banks and Allen have required hospitalization to deal with concussion-related medical problems, the lawsuit says.
According to court papers obtained by TSN, the lawsuit seeks class action status and has been filed on behalf of all retired CFL players since 1952.

Besides demanding $200 million worth of aggravated and punitive damages, lawyers are asking a judge to award general and special damages in trust for expenses for family members of former players.

The 30-page statement of claim alleges CFL officials have refused to allow independent medical personnel to monitor and assess player safety and claims teams have routinely cut medical benefits to injured players.[/b]

[url=http://www.tsn.ca/former-players-file-200m-lawsuit-against-cfl-1.300462]http://www.tsn.ca/former-players-file-2 ... l-1.300462[/url]

“The defendants and their agents knew or ought to have known that multiple sub-concussive and concussive blows to the head lead to long-term brain injury,? the lawsuit says. “The defendants knew that football players should stop playing football after receiving their third concussion.?

Hmmm.... seems to me, the players and their agents knew or 'ought' to have known the same thing. They make the ultimate decision to be honest with their team doctors about symptoms and decide whether to keep playing or not. Can a league 'force' a player to retire?

I never knew 'ought' was a word. I thought it was just slang.

"CFL players who do not live in Canada are not eligible for provincial health benefits, Banks and Allen allege."

So their problem is that they are not canadian and don't receive our benefits? Should have chosen to become a Canadian citizen and live here full time.

I'm sick of people looking for handouts because they don't like the repercussions that come from their own decisions made from their own free will.

No one forced these players to come to Canada and play a dangerous contact sport. They choose to do so for money. They knew the dangers of football. That's why they wear helmets - because it can be bad for your head.
I say, screw these former players looking for a big payday because they didn't save for life after football.

The problem is that it's not that easy to become a Canadian, Just ask Henry Burris, the guy is still trying to become a Canadian citizen despite working here for 15 seasons and becoming a full time resident and investing in a couple of businesses.

This case is kind of like the tobacco lawsuit. Quebec smokers awarded $15 BILLION ??? yet these people must have known that cigarettes are dangerous and addictive.

$200 million is the total of the 5 year TSN TV contract, I wonder how they came up with that number.

The players have been getting dicked around so bad by the owners that they are owed this money anyways... 200 million dollars over 20 years won't even be noticed. The CFL should have had a special fund for handicapped players anyways and they should try to settle this thing out of court, but with the condition that players like James Bell can get in on it..

What a world ! Didn't Banks and Allen have big smiles when the signed their contracts. How about being responsible for yourself. What about players playing today ? Should we stop all games in case someone gets injured ? Just more BS. If they both have long term cognitive problems, then how can they be sure that this lawsuit is the right thing to do ?...... Like I say to so many crybabies of this world " I didn't sign your application form."

Just when things were going so well for the CFL - too good to last. Had to know this was coming.

This could truly be the end of Our League.

How can they say they didn't receive this brain damage playing pee wee, high school or college football?
Can a boxer sue WBC or nevada boxing commission for concussions? Or is it assumed the fighter knew the risks?

This case will be interesting to watch. The players may win if they can show that the league knew of the long term damage concussions might cause and did not take immediate reasonable steps to protect their players - as they have done the last couple of years with severe penalties for any kind of head shots once the threat of law suits came about. Doctors had been pushing sports on these things for years.

Especially if the players can show that they were put under intense pressure by team officials to return to the field of play even if not feeling right yet and the players did end up returning earlier than they might otherwise have because they felt their jobs were at risk if they did not do so.

By that I mean when I guy wrecks his knee - he is out until the knee is pretty much healed because returning any earlier his play would not be up to par (favouring that knee) and his play would hurt the team - so the team would not be exerting extra pressure on a player to return ASAP until they could perform up to a certain level after a certain amount of healing took place. Head injuries are different. They in many cases can still perform at a high level even though not healed. And if the players can point out specific examples during games where they were instructed to get back in the game even if still with headaches etc. If that was happening even after some studies started to show the long term damage of returning too early from head injuries, the league may very well be found responsible enough - so that some damages are awarded.

I've always been an optimist with it comes to this League so no one can accuse me of looking for something negative. That said, this could destroy the CFL. Needless to say, they cannot afford this lawsuit - just fighting it will be expensive enough. It may also trigger more.

We need to enjoy Our League because it may not be long for this world. Sadly/Ironically, just when things were going great. :thdn:

Since the lawsuit was filed seeking class action status and on behalf of all retired players since 1952, it is more than probable that additional players will join as parties of the lawsuit.
This action will be time consuming, and beyond any settlement that may be agreed to, will result in a major expenditure of revenue by the CFL.

Uh oh.

Not a pretty thing for sure but it's not surprising as the NFL and NHL are facing the same issues.

Going to be a long fight I think.

To put things in perspective, and posters can correct my numbers if they are wrong, the NFL was sued for $2B. The players received about half that. We are being sued for $200M (1/10th - not much of a coincidence considering Canada is 1/10th the size of the U.S.). If the CFL is required to pay out half of that... Again, it could kill the League.

That sound you hear is the people at Rogers giggling.

This makes me ill.

Whatever the final decision is in or out of court, the league will feel a pinch but I wouldn't go as far as saying it could kill the league.

I think whatever the judge feels the league needs to pay would be an amount they could realistically pay too. Can't draw blood from a stone either.

Funny this is Rogers (Sportsnet) has nothing on this story. Agreed I would think they would want to be out of the gate running.

Hope you're right, MG. Especially paragraph 2.

Korey Banks still wanted to play last year with Winnipeg and was upset he was released if I recall correctly. Was also upset at the BC LIons for trading him to Winnipeg in the first place. So he still would have kept playing if he was allowed to. I have a lot of sympathy for people with concussions, but until recently no one knew the brain trauma a blow to the head can cause.

Eric Allen played a bit in the NFL after his Argo days. Could have received a concussion there as well. The Flea wasn't a very big guy, something the size of the Ottawa RedBlack's WR and KR Williams.

I know looking back now I had concussions playing High School and Junior football. It was just getting "your bell rung" and you shook it off and got back out there. I guess fortunately I don't think I had two close together and my brain maybe had a chance to heal somewhat. My Wife might want a second opinion though. :lol:

Time will tell.

Worst case scenario, the league shuts down and a new one is formed. CFFL - the Canadian Flag Football League :twisted:

The following is a Link to an article on the NFL Concussion Lawsuit Settlement, which is expected to exceed $900 Million.

[url=http://www.usatoday.com/story/sports/nfl/2015/04/22/concussion-related-lawsuits-judge-settlement-nfl/26199011/]http://www.usatoday.com/story/sports/nf ... /26199011/[/url]

yes, players of today know there are health risks associated with contact sports, specifically of the cerebral kind, but players of yesteryear knew little of the long term damage from accumulative hits which were thought to be transient in nature.

the problem inherent here is whether the league, it's administrators, coaches and health practitioners had prior knowledge of concussive/CTE impairments yet skimmed over the true dangers to players in order maintain the on-field entertainment value despite the potential for grievous harm.

and if the league failed to instill proper measures to mitigate such health concerns to reduce expenditures/convenience/PR damage etc they may very well be forced to payout some form of remuneration.

Considering the NFL was deemed complicit during civil proceedings, it is not a stretch to believe the CFL case will follow a similar path.