In writing my paper, my co-authors and I transitioned from “football players” to “athletes,” because those who participate in all contact sports- most especially high-impact, high contact sports are at risk of brain trauma and therefore CTE. This includes those who play football, ice hockey, wrestling…..
FILED_Judicial Notice_CTE Study_with Ex. A_JAMA CTE Study_9.12.17
Click link above to see filed court document. The WWE and NFL funded largest study of CTE to date.
What types of relief do wrestlers want? This is a very basic summary. Ideas for resolving the case include:
1. Full Health insurance coverage for all Plaintiffs and their families who do not have it or cannot afford it/supplemental polices for people on medicare/medicaid;
2. Lump sum disability and/or disability payouts based on medical diagnosis- in part based on total number of WWE/ECW/WCW matches/offset by SSDI/SSI;
3. WWE should pay for Medical monitoring for CTE for all Plaintiffs;
4. Additional payouts for diagnosed neurological conditions for Plaintiffs with qualifying diagnoses (real issues discovered by a doctor);
5. WWE should Pay for comprehensive Mortality/Death Rate in Wrestling Study with view to helping lower it;
6. Program to build and improve outreach to wrestlers in need (expand drug and alcohol program and tie it to overall medical care);
7. Fair royalty payments and a full accounting to all plaintiffs;
8. WWE should Correctly classify wrestlers as employees;
9. WWE should Finance wrestler-specific CTE research (unlike just giving millions to other sports/military CTE studies); and
10. WWE should give lump sum payments to Plaintiffs with CTE diagnoses after death.
Minute Entry for proceedings held before Judge Thomas P. Smith: Settlement Conference held on 8/28/2017. Case did not settle. Magistrate Judge has invited both sides to contact him anytime in the future if they believe settlement would be possible. Total Time: 5 hours.
Settlement Conference set for 8/28/2017 at 10:00 AM and, if necessary, 8/29/2017 450 Main St., Hartford, CT before Judge Thomas P. Smith. Ex parte statements no longer than 3 pages in length, setting forth what discussions they have had with regard to settlement; what demand(s) and counter offers there have been; and views on how to resolve the case are due by 8/23/2017 and shall be submitted via fax. Ex parte statements should address settlement, not a recitation of the history of the litigation. Counsel in attendance must be empowered with decision-making authority.
ORDER: Counsel are ordered to meet with all of their respective clients and discuss possible settlement of these cases, including reasonable offers and demands. Counsel are further ordered to meet and confer with one another and inform this Court within 21 days of the date of this order of the dates in June, July and August of 2017 on which all counsel, parties, and others necessary to commit to a full and final settlement of these matters are available to devote an entire day to settlement discussions with Judge Thomas Smith. Signed by Judge Vanessa L. Bryant on 5/9/2017. (Hoffman, S)
The court denied WWE’s motion to toss Singleton/LoGrasso case, but the Court requires further briefing on the issue in an effort to uncover the facts.
Court ruled: “The case resolves around a single question:
‘Did WWE become aware of and fail to disclose to Singleton and LoGrasso information concerning a link between repeated head trauma and permanent neurological conditions or specialized knowledge concerning the possibility that its wrestlers could be exposed to a greater risk for such conditions.'”
Interestingly the 2005 date is no longer mentioned in the ruling- evidence introduced on the record in the case- shows WWE had such prior knowledge- including a “smoking gun” video of a December 1995 Monday Night Raw interview with Dr. Unger discussing Shawn Michaels alleged “post concussion syndrome.” Post Concussion Syndrome was a term used before the widespread use of CTE for long term effects of head trauma as opposed to “concussion” which is viewed as a transient or short term event. As such that fact and other evidence demonstrate that the WWE cannot plausibly deny that it did/does not know about such risks during the relevant time period.
Read Court Ruling here: MSJ-LoGrasso