On January 17, 2018 the plaintiffs filed a motion to deem fifty statements of fact admitted by the WWE. The WWE’s lawyers had responded evasively by objecting to the requests which are required to be admitted or denied under the Federal Rules. The purpose of these rules to is to get facts on the record in the lawsuit something which the WWE does not want to do.
WWE Wrestlers hit back at WWE’s attempts to dismiss the Laurinaitis Lawsuit- Read document by clicking on image
Link to entire document: Response to SAC – FILED 12.11.17
Chronic Traumatic Encephalopathy (“CTE”) Exists in Professional Wrestlers and is Diagnosed in at Least Five Named Plaintiffs.
Significantly, five of the named plaintiffs have had post-mortem neuropathology studies reflecting a diagnosis of an occupational disease related to brain trauma. These diagnoses show the existence of such diseases in professional wrestlers notwithstanding WWE’s continued public denials and defenses to the plaintiffs’ claims made herein.
- Plaintiff Estate of James W Snuka, has a diagnosis of Alzheimer’s disease and Chronic Traumatic Encephalopathy (“CTE”)
- Plaintiff Estate of Harry Masayoshi Fujiwara, has a diagnosis of Alzheimer’s Disease and Chronic Traumatic Myelo-Encephalopathy (“CTME”)
- Plaintiff Estate of Jon Rechner, has a diagnosis of Chronic Traumatic Encephalopathy (“CTE”);
- Plaintiff Estate of Brian D. Knighton, has a diagnosis of early stage Chronic Traumatic Encephalopathy (“CTE”);
- Plaintiff Estate of Timothy Alan Smith, has a diagnosis of Chronic Traumatic Encephalopathy (“CTE”);
The wrestlers filed a second amended complaint in US District Court in Connecticut. Click Here to Read the Lawsuit >>>
This case involves retired professional wrestlers and performers who sustained long term neurological and other injuries during their tenure with WWE. As is detailed hereinafter, the Plaintiffs were intentionally and systematically deprived by the WWE of valuable rights guaranteed under State and Federal law, all under the direction and control of its Chairman of the Board and controlling shareholder, Vincent K. McMahon.
On September 29, 2017, Judge Vanessa Bryant ordered the plaintiff wrestlers to refile the WWE lawsuit. In doing so, she rendered moot and denied all the earlier attempts by WWE to dismiss the case (subject to the plaintiffs’ next filing). The result is that the wrestler-plaintiffs have another opportunity to make their case and refine their arguments about the WWE’s responsibilities before the court. Significantly, Judge Bryant also asked for private statements to be submitted directly to the court from every plaintiff involved in the lawsuit.
A Wall Street Journal Article 4/15, The Perils of Workers’ Comp for Injured Cirque du Soleil Performers noted that Cirque du Soleil performers struggle because they get only workers’ comp! The Journal clearly hasn’t read the WWE lawsuits.
The WWE wrestlers not only don’t get workers’ compensation, they get no insurance or long-term care at all from WWE. If they get CTE or a neuro-cognitive disorder they get: absolutely nothing. The article also ruefully observed that unlike professional athletes, injured Cirque stars don’t even get to keep their salaries.
The article invites other interesting and startling contrasts to WWE which does not record or report its injury rates to OSHA or anyone else. Does anyone think that WWE wrestlers have lower rates of injury than Cirque du Soleil performers?
But Cirque stands out for the number of injuries to its performers, many of which become workers’ compensation claims. A Wall Street Journal analysis showed that in 2011, the most recent year for which data is available, Cirque’s Kà show in Las Vegas had a higher rate of injury than all but 78 workplaces on a list of nearly 52,000 of the most dangerous compiled by the U.S. Occupational Safety and Health Administration.
Most top professional sports teams, including Major League Baseball, which are among the only workplaces (wait what about WWE?) to come close to Cirque in likelihood of injuries, give workers their full salary until their multiyear contracts expire. In the National Football League, injured players receive only a portion of their salary for a few years if they can’t play, but they generally receive large upfront bonus payments to make up for the risk, according to sports agents and lawyers.
Ms. Muller criticized Cirque for not providing more generous financial settlements. “These are not flukes, these are accidents,” she said. “You can’t send people home broken and broke.”
Does anyone know any broken and broke former WWE wrestlers?
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.
The WWE’s Cover-up and silence on CTE continues through its financing of the largest study to date of CTE in NFL players. This post is the only outlet to identify this issue: On July 25, 2017 a study funded in part by the WWE reported that Chronic traumatic encephalopathy (CTE) was found in 99% of deceased NFL players’ brains that were donated to scientific research. The study was published in the Journal of the American Medical Association- one of the premier medical journals in the world and received heavy press world-wide. Not reported was the WWE’s role in funding the study and its continued failure to finance or promote any study of CTE in wrestlers.
The WWE/NFL financed study confirms that:
1) Repeated head trauma that causes CTE will equally impact wrestlers- unless the laws of physics are different in WWE and wrestling matches.
2) CTE is no longer “junk science” but has entered the realm of near certainty.
3) The WWE knows or should know that wrestlers are at risk for CTE. The study is decisive evidence of WWE’s awareness of CTE.
4) One month after the study was published the WWE refused to even discuss ways to help wrestlers, refused to finance CTE research in wrestlers, refused an NFL style program to treat wrestlers.
The publication of this groundbreaking study raises troubling questions about the integrity of scientific research and the medical and legal establishments total indifference to WWE wrestlers. Where is the call to study wrestlers brains or get help for wrestlers?
The study included the brains of deceased players of American football from an active brain donation program, CTE was diagnosed in 110 of 111 former National Football League players (99%).
In contrast all current CTE donations & studies of WWE wrestlers by Dr. Bennett Omalu are being helped by a lawyer in Hingham, Massachusetts. The WWE and Boston University failure to study CTE in this group represent the institutional indifference to wrestlers who have no power or voice.