By Larry Fine
NEW YORK, Nov 16 (Reuters) - A lawsuit brought by thousands
of former NFL players against the league for allegedly denying
any link of gridiron play to long-term brain damage may benefit
from information in an investigative report on Friday.
The National Football League's retirement board awarded
disability payments to at least three former players in the late
1990s and 2000s after concluding that football caused their
brain injuries, according to a joint probe by ESPN's "Outside
the Lines" and the PBS "Frontline" show.
The payments of at least $2 million were made as the
league's top medical experts were consistently denying any link
between the sport and long-term brain damage, the report said,
citing documents obtained in the investigation.
Approvals were outlined in previously unpublished documents
and medical records related to the 1999 disability claim of Hall
of Fame center Mike Webster and two other unnamed players, ESPN
said in an article on its website (espn.com).
In response, NFL spokesman Greg Aiello said decisions on
disability were made by the board, not by the National Football
League or the NFL Players Association.
"The report showed that we've had a system in place with the
union for many years to address this issue on a case-by-case
basis," Aiello wrote in an e-mail response to Reuters.
"The disability plan is part of the collective bargaining
agreement with the players. All decisions are made by the plan's
board, not by the NFL or Players Association. The voting members
of the board are comprised of three representatives of the NFL
and three of the NFLPA," he said.
After retirement, Webster, who played primarily for the
Pittsburgh Steelers, suffered from amnesia, dementia and
depression besides bone and muscular pain.
After his death at age 50 in 2002, Webster was diagnosed
with chronic traumatic encephalopathy, a neurodegenerative
disease.
The lawsuit filed this year by nearly 4,000 former NFL
players was filed in the U.S. District Court in the Eastern
District of Pennsylvania alleges the NFL "propagated its own
industry-funded and falsified research to support its position."
The NFL retirement board determined in 1999 that repeated
blows to the head had left Webster, who played primarily with
the Pittsburgh Steelers, "totally and permanently" disabled.
Bob Fitzsimmons, a lawyer who represented Webster in his
disability case and is co-director of the Brain Injury Research
Institute, described the retirement board's conclusions as "the
proverbial smoking gun."
"It's pretty devastating evidence," Fitzsimmons, who is not
part of the lawsuit against the NFL, told the investigative
reporters.
The NFL, which has filed a motion to dismiss the lawsuit,
has denied that it concealed information about the risks of
chronic brain injury and says it has updated its policies as
concussion research has evolved.
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