The Football players complain of symptoms but are not yet diagnosed with CTE. The players assert that the NCAA knew about concussions primarily because they were a superior position of knowledge (did WWE wrestlers have same knowledge of head injuries as WWE?) The players also cite to NCAA safety policies and historical studies in 1952, 1967 and the recent Boston University CTE studies.
WWE Wrestlers Lose:
According to the Connecticut Court, the 60 wrestlers, many world famous, do not get an opportunity to prove their claims to a Jury. The claims and facts asserted were deemed mostly irrelevant, frivolous and inaccurate. The claims were also “patently time-barred.” The Judge openly blamed the advocate for the brain damaged wrestlers for filing frivolous lawsuits brought on nearly identical factual and legal grounds/theories to the successful NCAA players claims. The Court also ordered the lawyer sanctioned and pay WWE defense costs. Bear in mind the WWE wrestlers also have five cases of diagnosed signs of CTE by the world’s foremost expert because of the advocacy of the lawyers sanctioned in the WWE case!
NCAA Players Win:
According to news reports of the NCAA Players decision
The Judge Ruled:
A) “Rejected defense arguments that the statute of limitations barred their claims, saying the two had made a sufficient case that the NCAA and the Big Ten fraudulently concealed information on the danger of concussions from them…”
B) “They played for Purdue University in the late 1990s, say that while they were playing football — and sustaining multiple concussive injuries — the NCAA…never provided the school with any concussion-management protocols or policies, nor did they disclose the “overwhelming amount” of medical evidence they had about repetitive head trauma.”
C) “They seek a class of those who played football for Purdue from 1952 to 2010 and sustained head trauma while playing.”
D) “Rose and Stratton say they suffer from a range of symptoms that include depression, memory loss and headaches related to the long-term effects of repeated concussions.”
Judge Lee rejected the NCCA lawyers defense’s arguments that the statute of limitations tolled either at the time the alleged concussions occurred or when the dangers of concussions began to be widely publicized more than a decade ago, ruling that the two former players had sufficient arguments that the injuries were cumulative and the symptoms delayed, and the defendants had not shown the players were aware of the initial studies and lawsuits.
“Moreover, as compared to plaintiffs, the Big Ten and the NCAA were in a superior position to know, and to mitigate, the risks of concussions and other traumatic brain injuries,” Judge Lee said. “What is more, given the Big Ten’s and the NCAA’s superior and unique vantage point on health and safety issues, plaintiffs depended upon them for treatment of, and guidance on, head injuries and concussions.”
Things operate differently in Federal Court in Connecticut. Hopefully the Appeals Court get its right and delivers Justice to wrestlers by allowing them a fair hearing and a day in court.