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New SI.com Column on NFL Teams Cutting Players with Post Concussion Symptoms

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

In the wake of the Eagles cutting Brian Westbrook, I have a new SI.com column on the legal, ethical, and political implications of NFL teams cutting players who suffer from concussions. Here's an excerpt:

The NFL's collective bargaining agreement does not distinguish concussions from other injuries for purposes of cutting a player. But should it?

After all, there is an arguable disconnect between the NFL's stated commitment to addressing the concussion problem and the ability of teams to cut players who were injured by concussions. In his testimony before the House Judiciary Committee last October, commissioner Roger Goodell said of the link between head injuries and brain ailments, "I can think of no issue to which I've devoted more time and attention than the health and well-being of our players, and particularly retired players."

If that is true, shouldn't players who suffer concussions receive heightened employment protections? In fact, if a player can be cut because of postconcussion symptoms, he may have an incentive to not reveal his injury, a decision that could undermine his health, particularly his long term neurological health.

* * *

NFL teams, for their part, could argue that their decision to cut players who suffer from postconcussion symptoms is neither heartless nor at odds with league efforts to curb concussions; rather, it is a necessity of a salary cap that ties teams' hands. Teams might also insist that it's not their fault if a player suffers concussions -- it's the sport's fault or an unfortunate materialization of risk that every NFL player assumes every down he plays.

Still, the NFL may want to think carefully about teams cutting players with postconcussion symptoms. Congress would seem poised to revisit the concussion topic if there were a pattern of players cut after suffering concussions. Congress has leverage over the NFL, including the threat that it can repeal the Sports Broadcasting Act, which provides antitrust immunity to the NFL and other leagues for their national TV deals. Congress might also re-evaluate the NFL's status as a 501(c)(6) nonprofit organization, which furnishes the league with favorable tax treatment.

Hope you have a chance to read the rest of the column. I'll be on ESPN Radio's John Clayton Show at 6 p.m. Saturday to discuss the column.

Full post as published by Sports Law Blog on February 26, 2010 (boomark / email).