TBI in Professional Sports: Legal Rights and Industry Standards


Traumatic brain injury (TBI) has become an increasingly urgent concern in recent years across several professional sports leagues including the NFL, NHL, and MLS. Repeated hits to the head over the course of a player’s career can cause concussions as well as cumulative subconcussive impacts that lead to long-term brain damage. As more medical research continues to emerge detailing the consequences of conditions like chronic traumatic encephalopathy (CTE), questions around legal responsibility and evolving industry safety standards have taken center stage.

The Extent of TBI in Pro Sports

Research increasingly shows the dangers that repetitive head injuries pose in contact sports:

  • Up to 3.8 million sports-related TBIs occur annually in the U.S.
  • 33% of concussions result from sports activities.
  • Estimates suggest 20% of pro football players will have long-term cognitive issues.
  • 99% of deceased NFL athletes had CTE in one major study.

Football and hockey see the highest TBI rates, given the frequent body checking and collisions. Heading in soccer also carries risks. Even minor subconcussive hits create cumulative damage over a career. Neurodegenerative issues often emerge years later as tau proteins spread in the brain.

Without proper management, multiple TBIs compound each other’s effects. Second-impact syndrome from premature return to play can be catastrophic or fatal. Studies show athletes with multiple concussions recover more slowly.

Legal Responsibility of Sports Organizations

Sports leagues and governing bodies have a duty to protect athletes from unnecessary harm. As TBI research expanded, lawsuits emerged regarding negligence and failure to disclose risks:

  • NFL concussion settlement – Provided up to $5 million per retired player for brain injuries.
  • NCAA class action settlement – Established medical monitoring program and changed concussion protocols.
  • Settlements related to head trauma have also occurred in the NHL, MLS, and World Wrestling Entertainment.

These lawsuits argue that organizations ignored emerging science on TBI and did not establish adequate safety standards. Settlements require updated protocols but some argue more progress is still needed.

Of particular contention is whether leagues hid known risks from players. NFL executives allegedly omitted connections between football and degenerative brain disease in scientific papers. Lack of informed consent protections have drawn scrutiny.

Expanding Medical Science Around TBI

Research continues to uncover new aspects of sports-related TBI:

  • Advanced neuroimaging shows microstructural damage and abnormal protein build-up.
  • Blood and spinal fluid biomarkers help diagnose severity and progression.
  • Genetic testing may reveal susceptibilities or recovery predictors.
  • Cryotherapy, hyperbaric oxygen, and restorative therapies show promise to heal injuries faster.

Access to athlete medical records enables large-scale longitudinal studies. These help establish connections between aspects like age of first exposure, total hits, concussion gaps, and mental decline.

However, gaps remain around subconcussive impacts, comparative risks by position, and causes of CTE progression. More science is critical to shape evolving safety protocols.

Evolving Standards to Protect Athletes

In response to legal action and public scrutiny, professional sports leagues have instituted new rules and policies around TBI:

NFL

  • Strengthened concussion protocol – Independent spotters, evaluation in locker room, return to play steps.
  • Changes to kickoff and tackling rules to reduce high-speed collisions.
  • Unaffiliated neurotrauma consultants evaluate injuries during games.
  • Mandatory education on safer tackling techniques.

NHL

  • Stricter concussion evaluation and return to play procedures.
  • Spotters and enhanced video reviews to identify potential head hits.
  • New penalties and fines for dangerous collisions with the head.

MLS

  • Concussion substitutions – Players evaluated without using 1 of 3 substitutions.
  • Heading restrictions in youth soccer.
  • Protocol requires players to be symptom-free before returning to play.

While current standards represent progress, critics argue that more can still be done around rules, equipment, and post-career care. Ongoing updates are expected as research continues.

Long-Term Consequences for Individual Athletes

Beyond physical changes in the brain, former athletes often face lifelong struggles with:

  • Memory, concentration and learning difficulties
  • Speech and motor impairment
  • Severe headaches, light and noise sensitivity
  • Depression, emotional instability, substance abuse
  • Earlier onset of Parkinson’s, dementia, and ALS

These issues destroy quality of life and can prevent returning to work or daily activities. Former college and pro athletes describe profound personality changes.

The brain damage also often manifests in CTE, currently only diagnosable post-mortem. As tau proteins slowly spread over decades, anger, volatility, depression and impulse control issues emerge. Cognitive decline then accelerates late in life.

Legal Options for Individual Athletes

Beyond class action lawsuits, individual players have legal options if they experience TBI and related issues:

  • Personal injury lawsuit – Claim against team or league for negligence regarding safety protocols.
  • Workers’ compensation – Benefits for on-the-job neurological injuries.
  • Disability benefits – Income replacement for early retirement from TBI.

The path to receiving compensation often involves extensive medical evaluations to determine the cause and extent of neurological damage. An experienced personal injury law firm can help pursue legal remedies.

Protecting Athletes in the Future

While risks can never be fully eliminated in contact sports, ongoing reforms to rules and equipment can better safeguard long-term brain health. More consistent safety standards across all levels of sport will also protect both pro athletes and youth:

  • Objective concussion screening tools to establish severity and readiness to return to play.
  • Safer tackling approaches emphasizing avoiding head contact.
  • Advances in helmet designs to absorb force and minimize sudden movement.
  • Carefully managed practice schedules to limit total hits.
  • Continuing education on proper nutrition, hydration, and rest for injury recovery.

By combining smarter regulations with emerging science, the sports community has an opportunity to combat TBI’s effects for both current and future athletes.

There’s More to Be Done

TBI related to repetitive head impacts has become a major focus as athletes face lifelong health and cognitive struggles. As legal action and research continues, sports leagues have instituted more safety protocols but criticism remains on what more can be done. Reforms and medical advances together can help mitigate risks going forward.

Athletes experiencing post-concussion problems should explore their legal rights with an experienced firm like Monge & Associates. With 32 offices in 19 states, including Georgia, Illinois, and Florida, we offer free consultations to examine your options for fair compensation. Contact us today at (888) 477-0597 to protect your future wellbeing.