Taylor Jobb – American football is one of the most violent sports played today. A recently debated major consequence of that violence is chronic traumatic encephalopathy (CTE). CTE is a condition of brain damage as a result of traumatic impacts to the cranium, which persists over a period of years or decades. A new study has shown that 99% of former National Football League (NFL) players who donated their bodies for research have signs of CTE. Some of the most common symptoms of CTE include loss of memory, difficulty controlling impulsive or erratic behavior, impaired judgment, behavioral disturbances including aggression and depression, and a gradual onset of dementia.
In recent years, the NFL has been pressured to change their rules and regulations on helmet-to-helmet contact and the protocol a player must complete if he shows symptoms of a concussion. In 2015, the NFL implemented a rule allowing two medical spotters to stop the game with a medical timeout to remove injured player. These medical spotters look for the seven observable symptoms of a concussion: loss of consciousness, slow to get up following a hit to the head, balance problems, blank or vacant look, disorientation, grabbing the head after contact, or visible facial injury.
When medical spotters see these signs, the official NFL concussion protocol is triggered. The player is immediately removed from the field. The NFL team physician and an unaffiliated neurotrauma consultant will review the video of the play and perform a focused neurological examination. If there is any suspicion of a concussion, the player will be escorted to the locker room for a full assessment. If the player is then diagnosed with a concussion, the player cannot return to play the same day. If the player passes the neurological examination he will be monitored for symptoms throughout the rest of the game. If any NFL team fails to properly enforce the concussion protocol, it could cost the team fines or even forfeiture of draft picks.
Despite these consequences, the NFL’s official concussion protocol policies, and the individual team’s implementation of those policies remain two entirely different standards. In Week 10 of the 2017 NFL season, three players from separate teams visibly expressed symptoms of concussions. All three teams did not appear to follow proper protocol. Jacoby Brissett, of the Indianapolis Colts, took a hit to the head, immediately grabbed his head, visibly went limp, and eventually needed help getting to his feet. Despite these clear warning signs, Brissett went right back into the game after his team forced a turnover. Following the game the Colts announced that Brissett “developed symptoms after the game,” and was then placed on concussion protocol. Russell Wilson, of the Seattle Seahawks, took a hit to the jaw and was immediately removed from the game, went to the medical tent to be examined for no more than 10 seconds, and then returned to the game. Devonta Freeman, of the Atlanta Falcons, was removed from a game because he sustained a concussion. After the game, a player from the Carolina Panthers, Thomas Davis, tweeted that Freeman had actually sustained a concussion a week earlier but was allowed to return to the game.
Who Is Liable for These Deadly Injuries?
Many people believe that the players are responsible for taking themselves out of the game when they sustained a concussion. However, this argument ignores the competitive drive of football players, the pressure from fans and coaches to stay in the game, and the fact that the concussion is likely fogging their immediate thought and decision making abilities. Some believe it is the team management’s job to assure that the players are receiving the proper care when injured. This argument ignores the fact that management is economically vested in the outcome of the game, as their salary and job depend on it, thus may not be independently assessing player’s injuries and medical eligibility to continue playing.
The one individual with all the power in this situation is the NFL commissioner, Roger Goodell. In August of 2017, Goodell downplayed the recent worrisome CTE studies and stated that NFL players are actually getting healthier. Goodell could likely be grossly negligent, consciously and voluntarily disregarding of the need to use reasonable care in concussion situations, which is likely to cause foreseeable grave injury or harm to players. Goodell could be grossly negligent in failing to implement stricter rules and regulations for concussion protocol, and ensuring teams actually follow these rules
Looking Forward
“The concussion and CTE issue will determine if American football survives past the next decade.” -Chris Nowinski, Ph.D.
CTE can never be stopped, it could only be slowed down, only by teams actually adhering to the NFL’s own rules. All it takes is an offensive lineman blocking a defensive lineman, which rattles the brain around in the skull, to stretch the brain and causes permanent irreversible scarring. The NFL could certainly implement more stringent rules and regulations for concussion protocol, and harsher penalties on teams that disregard their players’ safety. A case for gross negligence against Goodell and the NFL only goes stronger by the day, considering new study results showing CTE in in a former football player while they are still alive.
