Brain Injury may be proven by diagnostic or circumstantial evidence. Neurology and neuropsychology are important, yet not dispositive tools to confirm traumatic brain injury or TBI. The NFL (National Football League) are using neuro psych and neurology exams as the exclusive evidence of TBI in retired NFL players.

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Chair, Brain Injury Association of America (2014-15)
President, Indiana Trial Lawyers Association (2017-18)
BOARD CERTIFIED, AV RATED ATTORNEY
NFLcase.com
NCAAcase.com
NHLcase.com
Daniel S. Chamberlain, JD
Cohen & Malad, LLP
Indiana, North Carolina, Arizona

2.  Former ITLA President … Max Goodwin said:
 "As trial lawyers … we care ... we do
good things for the right reasons …
for everyone. There is no exception."
INDIANA TRIAL LAWYERS ASSOCIATION

3. BRAIN INJURY Statistics Per Year ….
• Up to 3.5 Million
Americans suffer a
Brain Injury every
year
• Economic impact is
estimated at 80 Billion
dollars per year
• 400K NCAA Athletes
• 294K Armed Forces
Service Members
• 38K Indiana
Residents
• 21K NFL Players
• NHL Players

4. What is a traumatic brain injury (TBI)?
• External Force
• Alteration of
Consciousness
• Neurologic
Sequela
Life long, ongoing,
disease process

5.  Brain injury is a life long chronic disease process
 Brain injury is a debilitating disease affecting the injured,
family and community
 Evidence links repetitive brain trauma to long term
neurologic injury
 Access to Care
 Access to Community
 Health, Hope and Healing ….
What is the problem?

6. How to Prove Brain Injury Damages?
• Diagnostic Imaging
• Expert Witnesses
• Neuropsychological
Testing
• Baseline Examination
• IQ Tests
• Lay Witnesses
• Friends
• Family
• Employer/Co-
Employee
• Support

7. NFL Allegations
 Failed to take reasonable action
 To protect players from chronic risk caused by:
• Concussive; or,
• Sub-Concussive injuries to the brain
 Actively concealed the risks of brain injury (NFL)
 Deliberately ignored the players safety and well being
(NFL)
 Essentially ... “profit” over “well being”
 No Discovery … no dispute

8. Who is Covered in the NFL Class
 All retired players (NFL, AFL, NFL Europe)
 Derivative Claimants: Immediate Family
Members of retired players
 Legal Representatives of incapacitated,
incompetent or deceased retired players
 Every other person is excluded
 Proper registration is required

9. How are NFL Player Awards Determined?
 Specific qualifying diagnosis
 Age at the time of diagnosis
 Number of seasons played or practiced
 Diagnosis of a prior stroke or traumatic brain
injury
 Participation in a baseline assessment program
 Qualified Medical Assessors
 Appeals
 Claims Administrator

10. Settlement ClassAwards
Qualifying Diagnosis Maximum Award
Amyotrophic lateral sclerosis (ALS) $5 million
Death with CTE (diagnosed after death) $4 million
Parkinson’s Disease $3.5 million
Alzheimer’s Disease $3.5 million
Level 2 Neurocognitive Impairment
(i.e., moderate Dementia)
$3 million
Level 1.5 Neurocognitive Impairment
(i.e., early Dementia)
$1.5 million

11. Average Award for Recipients at Age of Diagnosis
Age at
diagnosis
ALS Death
with CTE
Parkinson’s Alzheimer’s Level 2 Level 1.5
Under 45 $5,000,000 $4,000,000 $3,500,000 $3,500,000 $3,000,000 $1,500,000
45 - 49 $4,500,000 $3,200,000 $2,470,000 $2,300,000 $1,900,000 $950,000
50 - 54 $4,000,000 $2,300,000 $1,900,000 $1,600,000 $1,200,000 $600,000
55 - 59 $3,500,000 $1,400,000 $1,300,000 $1,150,000 $950,000 $475,000
60 - 64 $3,000,000 $1,200,000 $1,000,000 $950,000 $580,000 $290,000
65 - 69 $2,500,000 $980,000 $760,000 $620,000 $380,000 $190,000
70 - 74 $1,750,000 $600,000 $475,000 $380,000 $210,000 $105,000
75 - 79 $1,000,000 $160,000 $145,000 $130,000 $80,000 $40,000
80+ $300,000 $50,000 $50,000 $50,000 $50,000 $25,000
(Exhibit B; Doc 6073-2; p. 123/163)

12. Discount rate for less than 1st round draft picks
 4.5 Eligible seasons 10% reduction
 4 Eligible seasons 20% reduction
 3.5 Eligible seasons 30% reduction
 3 Eligible seasons 40% reduction
 2.5 Eligible seasons 50% reduction
 2 Eligible seasons 60% reduction
 1.5 Eligible seasons 70% reduction
 1 Eligible season 80% reduction
 .5 Eligible season 90% reduction
 0 Eligible season 97.5% reduction

13. Maximum NFL Player Damages
 Amotrophic Lateral Schlerosis - $5 Million
 Death with CTE - $4 Million (Diagnosis prior to settlement)
 Alzheimers - $3.5 Million
 Parkinsons - $3.5 Million
 Neuro Cognitive Impairment (Level 1.5)
[Severe Cognitive Decline] — $1. 5 Million
 Neuro Cognitive Impairment (Level 1.0)
[Moderate Cognitive Decline] — $0.00 (will receive additional
BAP and Medical TX related to condition. May LATER
qualify for an award of condition deteriorates)

14. NFL Level 1.5
(Early Dementia/Moderate to Severe Cognitive Decline)
 Severe Decline in Cognitive Function
 Moderate to severe decline determined by
neuropsychological testing in two or more
areas: 1. complex attention, 2. Executive
Function, 3. Learning and memory, 4.
Language, 5. Perceptual/spatial (1-3 X 2)
 National ALS Coordinating Centers Clinical
Dementia Rating (CDR)

15. NFL Level 2.0
(Moderate Dementia/Severe Cognitive Decline)
 Highest level of compensation
 Same criteria as Level 1.5
 Severe cognitive decline/impairment
 If so severe, then BAP is not necessary
 For deceased … opinion from a neurologist, neurosurgeon,
neuro-specialist physician or a physician with sufficient
qualifications

16.  A player that is formally on the roster OR squad on a
particular game day
 What satisfies?
 3 or more regular/post season active list rosters; or,
 1 or more active list regular/post season; and,
 2 regular/post season game on injured reserve/inactive
list because of TBI
What is the active list?

17. Critical NFL Deadlines ….
Registration Deadline is
August 7, 2017
(Statute of Limitations
expires)
• 65 Year progressive
settlement
• Line of Duty
• 88 Benefits
• Dementia

18.  Lifetime Achievement Award Recipient
 Recognizes Incredible Advocacy, Achievement
and Caring
 Talent, Time and Treasure
 Simply, thank you. I hope to be as good a
leader as you have been, and the other
Presidents of the ….
 INDIANA TRIAL LAWYERS ASSOCIATION
Congratulations Mary Beth!