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Concussion and Football: Failures to Respond by the NFL and the Medical Profession


David Orentlicher


Indiana University - Robert H. McKinney School of Law

William S. David


Harvard Medical School

January 5, 2013

8 FIU Law Review 17 (2013)
Indiana University Robert H. McKinney School of Law Research Paper No. 2013-03

Abstract:     
The National Football League (NFL) has come under sharp criticism for its approach to the problem of concussion, and many former players have filed a lawsuit against the league.

In reviewing the response of NFL to concussion, one can easily think that the league was too slow to worry about the medical consequences of head trauma. Despite concerns being raised for many years about the risk to player health, it took until December 2009 for the NFL to advise its teams that players should not return to play or practice on the same day that they suffer a concussion.

But the NFL was not alone in viewing concussion as a relatively mild problem. Physicians also did not worry very much about the medical consequences of concussions. For decades, neurologic experts disagreed as to whether concussions could cause permanent injury, with many attributing patient symptoms to psychological issues or to the incentives created by compensation programs for people with disabling conditions.

While the NFL may have responded slowly to problems from concussion, the extent to which its response was unreasonable is unclear. If many medical experts did not worry about concussions, it is difficult to fault the NFL for not worrying either. Still, one can question the NFL’s failure to adopt concussion guidelines in the late 1990’s when they were being issued by medical experts.

Number of Pages in PDF File: 14

Keywords: concussion, football

JEL Classification: K13, K31

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Date posted: January 7, 2013 ; Last revised: March 27, 2013

Suggested Citation

Orentlicher, David and David, William S., Concussion and Football: Failures to Respond by the NFL and the Medical Profession (January 5, 2013). 8 FIU Law Review 17 (2013); Indiana University Robert H. McKinney School of Law Research Paper No. 2013-03. Available at SSRN: http://ssrn.com/abstract=2196976

Contact Information

David Orentlicher (Contact Author)
Indiana University - Robert H. McKinney School of Law ( email )
530 West New York Street
Indianapolis, IN 46202
United States
317-274-4993 (Phone)
317-274-0455 (Fax)

William S. David
Harvard Medical School ( email )
250 Longwood Avenue
Boston, MA 02115
United States
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