League of Denial (59 page)

Read League of Denial Online

Authors: Mark Fainaru-Wada

CHAPTER 11

  
1
Profoundly affected:
Harry Carson interview, 2012.

  
2
“Dick in the dirt”:
Harry Carson,
Captain for Life
, p. 209 (electronic).

  
3
No player had hit him harder:
Harry Carson,
Captain for Life
, p. 184 (electronic). He confessed: Carson interview, 2012.

  
4
He went back:
“Two Authors of N.F.L. Study on Concussions Dispute Finding,”
New York Times
, June 10, 2007.

  
5
Riddell developed PowerPoint presentations:
A history of the controversial Revolution helmet study, Riddell’s marketing strategy, and the relationship between Riddell and ImPACT is summarized in a partial opinion issued in Riddell’s lawsuit against Schutt. The court established a series of “undisputed facts,” which included the findings that Riddell provided salary support for Collins and Lovell; ImPACT agreed not to sell concussion software at “any places in conflict with Riddell”; ImPACT agreed to pay Riddell for any sale “completed through a Riddell initiated contact”; and data compiled in 2002 and 2003, the first two years of the three-year study, produced “nearly identical concussion rates” in Year 1 and a difference that was “not statistically significant” in Year 2. The opinion granted Riddell summary judgment to toss out Schutt’s claims that Riddell falsely advertised the concussion-reducing properties of the Revolution helmet. Schutt “has failed to identify literally false statements or show that it has been harmed by plaintiff statements,” Judge Barbara B. Crabb wrote. See
Riddell,
Inc. v. Schutt Sports, Inc
.

  
6
The two pieces ran:
“ ‘I don’t want anyone to end up like me’; Plagued by postconcussion syndrome and battling an amphetamine addiction, former Patriots linebacker Ted Johnson is a shell of his former self,”
Boston Globe
, Feb. 2, 2007; and “Dark Days Follow Hard-Hitting Career in N.F.L.,”
New York Times
, Feb. 2, 2007. The main difference in the two pieces was MacMullan’s revealing interview with Belichick. The Patriots’ coach declined comment to the
Times
.

  
7
“88 Plan”:
“Wives United by Husbands’ Post-N.F.L. Trauma,”
New York Times
, March 14, 2007.

  
8
“Many elderly people”:
New York Times
, March 14, 2007.

  
9
1982 study:
Ira R. Casson et al., “Neurological and CT Evaluation of Knocked Out Boxers,”
Journal of Neurology, Neurosurgery, and Psychiatry
, 1982.
Sports Illustrated

10
brought in Casson:
Robert Boyle and Wilmer Ames, “Too Many Punches, Too Little Concern,”
Sports Illustrated
, April 11, 1983.

11
In a 2010 article:
Ira R. Casson, “Do the ‘Facts’ Really Support an Association between NFL Players’ Concussions, Dementia and Depression?”
Neurology Today
, June 3, 2010.

12
Goldberg said he walked away thinking:
Bernard Goldberg interview, 2013.

13
Inherited a nightmare:
Bob Stern interview, 2013.

14
After taking office:
Don Van Natta Jr., “His Game, His Rules,”
ESPN The Magazine
, March 5, 2013.

15
“Why did they ask you?”:
Julian Bailes interview, 2012.

16
The daylong meeting:
Unless otherwise noted, this account of the NFL’s tumultuous 2007 concussion summit comes primarily from interviews with Mark Lovell, Micky Collins, Julian Bailes, Kevin Guskiewicz, Bob Cantu, and Bill Barr. The timeline is drawn from a written agenda issued by the league to the participants.

17
“You’re looking for an answer”:
This quote is from an interview
Times
reporter Alan Schwarz conducted with Pellman and Casson. A recording of the interview was provided by Schwarz.

18
Goodell also weighed in:
“NFL Personnel Discuss Concussion Management,”
St. Petersburg Times
(FL), June 20, 2007.

19
A bit heated:
Schwarz interview with Pellman.

CHAPTER 12

  
1
Omalu wanted to travel to Florida:
Details of Florida trip from 2012 interviews with Omalu and Nowinski as well as their respective books.

  
2
A two-page document:
Document was provided by Nowinski.

  
3
Tossed around names:
Omalu and Nowinski interviews, 2012; Omalu e-mails.

  
4
“He can be trusted”:
Omalu e-mails.

  
5
Omalu brought in his own champion:
The account of how SLI was formed is drawn from interviews with Omalu, Nowinski, Bailes, and Fitzsimmons, and Omalu e-mails.

  
6
Resurrected his own concussion summits:
Leigh Steinberg, Nowinski, Omalu, and Bailes interviews, 2012; 2007 National Concussion Summit pamphlet.

  
7
“Ticking time bomb”:
“Steinberg Labels Concussions ‘Time Bomb,’ ” Associated Press, April 20, 2007.

  
8
More disturbing story to tell:
Omalu, Nowinski, Bailes, Lovell, and Guskiewicz interviews, 2012; Omalu PowerPoint presentation.

  
9
Sights on the brain of another player:
Bailes and Nowinski interviews, 2012; Omalu e-mails.

10
Steelers offensive lineman:
Strzelczyk biography from
Pro​Football​Reference.​com
; “What Drove Justin Strzelczyk to His Death?”
Pittsburgh Post-Gazette
, Oct. 21, 2004.

11
He remembered Strzelczyk:
Bailes interview, 2012.

12
Schwarz had another
story:
“Lineman, Dead at 36, Exposes Brain Injuries,”
New York Times
, June 15, 2007.

13
The NFL needed a new strategy:
Peter Davies interview, 2012, and e-mails.

14
Bailes continued to be shaken:
Colleen Bailes and Julian Bailes, interview, 2012.

15
Casson set out to find an independent expert:
Davies interview, 2012.

16
A leader in Alzheimer’s research:
www.​einstein.​yu.​edu
; DeKosky interview, 2012.

17
Met with the committee at the NFL’s headquarters:
Davies interview, 2012.

18
West Virginia University:
Details of the meeting and the events that followed are from 2012 interviews with Davies, Omalu, Bailes, and Maroon; Omalu and Davies e-mails; the PowerPoint presentation Davies prepared for the NFL; and “Game Brain,”
GQ
, Oct. 2009.

19
“What are you going to do about this?”:
This account of Jason Luckasevic’s friendship with Omalu and the early conversations about the NFL lawsuit are from 2012 interviews with Luckasevic and Omalu.

20
On September 18, 2007:
Transcripts from “Oversight of the NFL Retirement System,” hearing convened by the Senate Committee on Commerce, Science, & Transportation.

21
His name was Dave Duerson:
Biography from
Pro​Football​Reference.​com
; Duerson testimony; “Dave Duerson: The Ferocious Life and Tragic Death of a Super Bowl Star,”
Men’s Journal
, May 2011.

22
A screaming match:
“Dave Duerson Knew Nothing about Concussions and Players’ Best Interests,”
www.​concussioninc.​net
, Feb. 24, 2011.

23
Charged with assaulting his wife:
“Dave Duerson: The Ferocious Life and Tragic Death of a Super Bowl Star,”
Men’s Journal
, May 2011.

CHAPTER 13

  
1
Chris Benoit:
“The Last Days of Chris Benoit,”
Maxim
, Nov. 14, 2007; “Steroids Discovered in Probe of Slayings, Suicide,” Associated Press, June 27, 2007.

  
2
“I knew him well”:
Nowinski e-mail to Omalu and others.

  
3
Within days of the murders:
Nowinski interview, 2012, and Omalu e-mails.

  
4
ESPN crew showed up:
Arty Berko and Omalu interviews, 2012.

  
5
Riddled with CTE:
Omalu, Nowinski, Bailes, Cantu, and Fitzsimmons interviews, 2012.

  
6
Raise its national profile:
Omalu and Nowinski interviews; Omalu e-mails; “Why Did Wrestler Kill Wife, Son, Self,”
Larry King Live
transcripts, Sept. 6, 2007.

  
7
Larry could take only one brain researcher:
Omalu, Nowinski, Bailes, and Fitzsimmons interviews, 2012.

  
8
The ESPN piece:
“Brain Chasers,” ESPN,
Outside the Lines
, July 28, 2007.

  
9
Almost from the beginning:
Omalu and Nowinski interviews, 2012.

10
SLI began to split apart:
This account of the split is drawn from 2012 interviews with Nowinski, Omalu, Bailes, Cantu, and Fitzsimmons.

11
“Our Story”:
www.​sports​legacy.​org
.

12
Nowinski had made the connection:
Nowinski and Stern interviews, 2012.

13
Her name was Ann McKee:
Details of McKee’s biography were drawn from interviews with Ann McKee, Chuck McKee, Nowinski, Cantu, and Stern, 2012; “The Woman Who Would Save Football,”
Grantland
, Aug. 17, 2012; and
www.bu.edu
.

14
Appleton:
“A Place to Place,”
Sports Illustrated
, Aug. 11, 1986.

15
During her Alzheimer’s studies:
Ann McKee interview, 2012.

16
Nowinski got McKee her first brain:
McKee and Nowinski interviews, 2012.

17
John Grimsley:
Biography derived from
Pro​Football​Reference.​com
; “Former Oiler Grimsley Found Shot to Death,”
Houston Chronicle
, Feb. 6, 2008; “Ex-Oilers
Shocked by Loss of Teammate Grimsley,”
Houston Chronicle
, Feb. 6, 2008; “Football-Related Head Injuries Affect Players’ Loved Ones,”
Houston Chronicle
, Oct. 25, 2008.

18
Two days later, Nowinski called:
Nowinski and McKee interviews, 2012.

19
She was excited:
McKee interview, 2012.

20
Her first call:
Ann McKee and Chuck McKee interviews, 2012.

21
Schwarz broke the story:
“12 Athletes Leaving Brains to Concussion Study,”
New York Times
, Sept. 23, 2008.

22
Omalu was in Lodi:
Omalu interview, 2012.

23
A Shakespearean drama:
Details surrounding case against Wecht and Omalu’s involvement derived from 2012 interviews with both men as well as Shakir and Dominick; “Timeline: The Investigation and Trial of Cyril H. Wecht,”
Pittsburgh Post-Gazette
, Jan. 27, 2008.

24
Brain Injury Research Institute:
Interviews with Omalu, Bailes, Fitzsimmons, and Garrett Webster, 2012.

25
Another former NFL player died young:
Tom McHale biography from Lisa McHale interview, 2012;
Pro​Football​Reference.​com
; “Ex-Buccaneer Tom McHale Found Dead at 45,”
Tampa Bay Times
, Sept. 25, 2008; “Major Breakthrough in Concussion Crisis,”
Boston Globe
, Jan. 27, 2009.

26
The Omalu Group got to McHale’s family first:
Omalu e-mails; Nowinski and Omalu interviews, 2012.

27
Nowinski called Omalu:
Details of the Omalu Group’s agreement with Nowinski and subsequent contact with McHale’s family are derived from Omalu’s e-mails.

28
Trying to contact Omalu:
Nowinski interview, 2012.

29
Go public with the results:
Nowinski and Lisa McHale interviews, 2012.

30
The press conference:
Details derived from Nowinski, McKee, and Lisa McHale interviews, 2012; “Major Breakthrough in Concussion Crisis,”
Boston Globe
, Jan. 27, 2009; “Sixth NFL Player’s Brain Is Found to Have Brain Damage,”
New York Times
, Jan. 28, 2009; BU-CSTE press release.

31
Learned of BU’s announcement on TV:
Omalu interview, 2012.

32
Coming-out party as a spokeswoman:
“Major Breakthrough in Concussion Crisis,”
Boston Globe
, Jan. 27, 2009.

CHAPTER 14

  
1
It was that kind of call:
McKee interview, 2012.

  
2
She asked if Nowinski could attend:
McKee and Nowinski interviews, 2012.

  
3
Another expert in neurodegenerative disease:
Daniel Perl interview, 2012;
www.​hjfcp3.​org/​military-​medical-​symposium/​symposium-​files/​Daniel​%20Perl​-%20MD.​pdf
.

  
4
McKee was nervous but excited:
McKee interview, 2012.

  
5
NFL headquarters:
This account of McKee’s presentation to the MTBI committee is drawn from 2012 interviews with McKee, Perl, Nowinski, Henry Feuer, Colonel Michael Jaffee, and John Mann.

  
6
Call her brother:
Ann McKee and Chuck McKee interviews, 2012.

  
7
The young Pittsburgh lawyer:
Luckasevic interview, 2012.

  
8
The league could fall back on:
Collective Bargaining Agreement, specifically the role of the retirement board.

  
9
One such case:
“Seeing Is Believing,”
Sports Illustrated
, June 9, 2003; “Orlando Brown, Who Sued the N.F.L. over Errant Flag, Dies at 40,”
New York Times
, Sept. 23, 2011.

10
Line up consultants:
Luckasevic interview, 2012; contract with Nowinski.

11
Questions lingered:
“Researchers Consulted with Law Firms,”
ESPN.com
, April 6, 2013.

12
Fearing it could compromise their independence:
Guskiewicz interview, 2012.

13
A viable
case:
Luckasevic interview, 2012.

14
Goldberg, Persky & White:
www.gpwlaw.com
.

15
Time to fish around:
Luckasevic interview, 2012.

16
Houston-based firm:
“Vioxx Jury Awards $253 Million in Damages,”
Houston Chronicle
, Aug. 20, 2005.

17
Lanier’s lawyers ultimately pulled out:
Luckasevic interview, 2012.

18
A big win:
“Former Dolphins Receiver O.J. McDuffie Wins $11.5 Million in Malpractice Lawsuit,”
Sun-Sentinel
(Fort Lauderdale), May 5, 2010.

19
Tierney was right:
Luckasevic interview, 2012.

20
A big gun in Los Angeles:
Tom Girardi interview, 2012;
www.​girardikeese.​com
; “Erin Brockovich: The Real Story,”
Salon
, April 14, 2000.

21
NFL Paper Number 16:
Anders Hamburger et al., “Concussion in Professional Football, Part 16,”
Neurosurgery
, June 2009.

22
Another confounding story:
“Dementia Risk Seen in N.F.L. Players Study,”
New York Times
, Sept. 29, 2009.

23
Announced that it would hold hearings:
“Congress to Hold Hearing on N.F.L. Head Injuries,”
New York Times
, Oct. 2, 2009.

24
Democratic committee staffers:
Details of the setup for the hearing and the NFL’s reactions are derived primarily from a 2012 interview with Eric Tamarkin, who at the time was counsel to the committee.

25
“Will’s Bill”:
Dick Benson testimony.

26
“Rebel with a cause”:
“N.F.L. Players with Head Injuries Find a Voice,”
New York Times
, Oct. 28, 2009.

27
The packed hearing:
Transcripts from written and oral testimony before the committee.

28
Linda Sanchez:
Biography from
www.​lindasanchez.​house.​gov
; and “Sanchez Sisters to Make History in the House,”
womense​news.​org
, Nov. 19, 2002.

29
On a shelf in his office at BU:
Nowinski interview, 2012.

30
400 law firms:
Dan Zegart,
Civil Warriors
(Delacorte Press, 2000), p. 202.

31
180,000 research papers:
Dan Zegart,
Civil Warriors
, p. 296.

32
Tobacco fight’s version of Omalu:
Dan Zegart,
Civil Warriors
, p. 37.

33
Started in the morgue:
Ernst Wynder biography:
cdc.​gov/​mmwr/​preview/​mmwrhtml/​mm4843bx.​htm
.

34
Among the 62 mice still alive:
Ernst Wynder et al., “Experimental Production of Carcinoma with Cigarette Tar,”
Cancer Research
, 1953.

35
Research group:
Dan Zegart,
Civil Warriors
, p. 37.

36
“Savage the other side”:
Dan Zegart,
Civil Warriors
, p. 38.

37
“A front”:
Victor DeNoble interview, 2012.

38
A “metaphysical quarrel”:
Dan Zegart,
Civil Warriors
, p. 38.

39
“NFL equals Tobacco”:
Stern interview, 2012.

40
“Graciously” resigned:
“Co-Chairmen of NFL Concussion Panel Resign,” Associated Press, Nov. 25, 2009.

41
Several changes to its concussion policy:
“NFL Changes Return to Play Rules for Concussions,” Associated Press, Dec. 3, 2009; “New N.F.L. Rule on Concussions Benches Injured,”
New York Times
, Dec. 3, 2009.

42
The headline that the NFL never wanted to see:
“Is Tackle Football Too Dangerous for Kids to Play?”
New York Times
blog, Nov. 30, 2009.

43
A guest column:
“Listening to Wisdom from a 10-Year-Old Son about His Head Injury,”
New York Times
, Nov. 28, 2009.

44
A wire report:
“NFL to Ask Its Players to Donate Brains for Study,” Associated Press, Dec. 20, 2009.

45
Schwarz was surprised:
Details of Schwarz’s reaction and his call to Aiello derived from 2012 interview with Schwarz.

46
Nowinski on the phone:
Schwarz and Nowinski interviews, 2012.

47
The timing of the NFL’s announcement:
Nowinski interview, 2012.

48
The following headline:
“N.F.L. Acknowledges Long-Term Concussion Effects,”
New York Times
, Dec. 21, 2009.

49
Sent a bottle of champagne to BU:
Nowinski interview, 2012.

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