Dan to spike suit vs. NFL
DAN MARINO may have been a great quarterback, but he is not much of a legal analyst.
The Miami Dolphins legend confirmed on Tuesday that he did not realize he would be listed as a plaintiff in concussion litigation filed against the NFL when he authorized a claim to be filed in case he needed medical care if he was diagnosed with brain trauma.
“I have made the decision it is not necessary for me to be part of any claims or this lawsuit and therefore I am withdrawing as a plaintiff effective immediately,” Marino said in the statement he sent to Sports Illustrated NFL columnist Peter King on Tuesday. “I am sympathetic to other players who are seeking relief who may have suffered head injuries.”
Marino was the star plaintiff in a lawsuit filed by 15 former players last week in Philadelphia that claimed the NFL had covered up the long-term dangers of concussions. But the South Florida Sun-Sentinel, citing an unnamed source, first reported on Tuesday that Marino and his attorneys are trying to back out of the lawsuit and were trying to figure out how the Hall of Fame quarterback was named in the litigation.
“It was never Marino’s intention to initiate litigation in this case, but to ensure that in the event he had adverse health consequences down the road, he would be covered with health benefits,” the source told the Sun-Sentinel. “They are working to correct the error.”
Multiple media outlets reported a concern by Marino that his involvement with the suit would jeopardize a possible future position with the Miami Dolphins.
Several lawsuits that claim the NFL covered up the longterm consequences of traumatic brain injuries have been filed against the NFL, and most of those were consolidated into a class-action case that represents approximately 4,000 players. The league agreed to settle that case for $765 million last year, but a judge has not approved the deal because she fears the financial package is not big enough.
A source familiar with the suit filed last week told the Daily News that attorneys for the players hoped to consolidate it into the larger class-action case. Sol Weiss, one of the leaders in the case filed on Monday, is one of the lead attorneys in the class-action litigation.
Former Bears quarterback Jim McMahon and seven other players also filed a class-action suit in San Francisco federal court last month that claims the league illegally gave painkillers and other drugs to players without regard to the potential for addiction or long-term health problems.
The new lawsuit does not cite any specific symptoms suffered by Marino during his 17 seasons with the Dolphins. The suit, which claims the NFL cov- ered up the long-term health complications of concussions and traumatic brain injury, says plaintiffs suffer from headaches, memory loss, dementia and other serious ailments. The boiler-plate complaint with Marino’s name typed in, says “the Plaintiff sustained repetitive, traumatic, sub-concussive and/or concussive head impacts during NFL games and/or practices.”
The other players named in the suit are mostly unknowns. Marino, who worked as a CBS analyst for 12 seasons following his 1999 retirement but was not picked up after last season, would be by far the biggest name to take on the NFL over concussions. Advocates of retired players struggling with football-related injuries say the one-time superstar would spark new interest in their cause.
“Dan was the face of football for a long time,” said former Chicago Bears coach Mike Ditka.
While many former players have publicly accused the NFL of minimizing the risks of concussions and covering up the long-term complications of traumatic brain injuries, Marino seemed ambivalent about the issue in a June 2013 interview with Yahoo.
“When I went out there to play I knew there was a chance I could get a concussion or I could break a leg or get a knee injury,” Marino said last year. “I really do believe they’re protecting the players as much as they can right now.”