News & Press Archive

Case Will Test N.F.L. Teams’ Liability in Dementia

On behalf of Next Season, I would like to personally thank Mr. Alan Schwarz and The New York Times for allowing us to post his recent article featuring Next Season’s own, Dr. David Lechuga. Mr. Schwarz is a celebrated writer and author who has taken a particular interest in brain trauma and its correlation with playing professional football. Next Season is honored to feature the work of Mr. Schwarz and graciously thanks him for his support.

Sincerely,

Nicolai Lechuga
CEO/Founder

David M. Lechuga, Ph.D., Clinical Neuropsychologist
Director, The Neurobehavioral Clinic & Counseling Center
Lake Forest, California

VAN NUYS, Calif. — The five paper-clipped sheets that were slipped into a wire basket at the Van Nuys State Office Building looked no different from the other workers’ compensation claims filed by welders and cashiers. But this packet was different: it will almost certainly become a test case in considering National Football League teams’ liability for the dementia experienced by retired players. The claim was filed by Dr. Eleanor Perfetto on behalf of her husband, Ralph Wenzel, contending that his dementia at 67 is related to his career as an N.F.L. lineman from 1966 to 1973.

California’s workers’ compensation system provides a unique, and relatively unknown, haven for retired professional athletes among the 50 states, allowing hundreds of long-retired veterans each year to file claims for injuries sustained decades before. Players need not have played for California teams or be residents of the state; they had to participate in just one game in the state to be eligible to receive lifetime medical care for their injuries from the teams and their insurance carriers.

About 700 former N.F.L. players are pursuing cases in California, according to state records, with most of them in line to receive routine lump-sum settlements of about $100,000 to $200,000. This virtual assembly line has until now focused on orthopedic injuries, with torn shoulders and ravaged knees obvious casualties of the players’ former workplace.

But Dr. Perfetto’s contention that Mr. Wenzel’s dementia relates to his football employment represents a significant shift, several lawyers involved in the California system said. They estimated the case’s potential value at more than $1 million if it reaches its conclusion, probably in two or three years.

THE WIFE Dr. Eleanor Perfetto helping her husband, the former N.F.L. player Ralph Wenzel, 67, into bed at an assisted-living facility

THE WIFE Dr. Eleanor Perfetto helping her husband, the former N.F.L. player Ralph Wenzel, 67, into bed at an assisted-living facility

Given the dozens and perhaps hundreds of players who could file similar claims, experts in the California system said N.F.L. teams and their insurers could be facing liability of $100 million or more. They identified a wide spectrum of possible effects: these costs could merely represent a financial nuisance for a league that recorded $8.5 billion in revenue last year, or, if insurance costs rise drastically because of such claims, the N.F.L. could be forced to alter its rules to reduce head trauma. Officials already are considering decreased contact in practice and forbidding linemen from using the three-point stance.

The more routine orthopedic claims filed by retired players have helped persuade a newly formed version of the Arena Football League to stay out of the state, the league’s commissioner, Jerry Kurz, said. Dr. Perfetto’s lawyer, Ronald G. Feenberg of Los Angeles, likened football head trauma to asbestos exposure: a workplace danger whose effects can take 20 to 40 years to manifest.

“Medical science has recently put those puzzle pieces together — that hitting your head over and over on the football field causes certain conditions,” Mr. Feenberg said. “All of these hits could have injured Ralph Wenzel’s spine. But they didn’t. They injured his brain.”

Next Season Team

The idea for Next Season began in the summer of 2007. Nicolai Lechuga (better known as “Nico”) was interning for a law firm in Southern California, when he met Lysette Rios. Lysette was first taken aback by Nico; he was sorting through files and walking around the office barefoot like he owned the place. However, as Nico and Lysette started to talk, they quickly realized they had much in common; in particular, they both loved sports and wanted to make a categorical difference in the industry.

While at the law firm, Lysette and Nico gained knowledge and experience dealing with athletes and their respective injuries. Moreover, they became students of Partner, Mel Owens, and grew to value his wisdom of sports, athletes, injuries and their unique relationship. By the end of the summer, the idea of forming a non–profit organization that would provide aid to athletes arose. Over the next two years Lysette and Nico fleshed out the idea of founding such an organization and began to look to their contacts for help.

In February of 2009, Nico and Lysette founded Next Season, Inc., a non–profit organization aimed at providing aid to athletes who have suffered injuries while participating in sports. Together, they expanded the Board of Directors to include Nico’s father, Dr. David Lechuga, a neuropsychologist in Southern California, as well as Eric Traut, a family friend of the Lechuga’s and an extremely successful trial lawyer. Soon thereafter, the Board voted to bring in Craig Underwood as Executive Vice President, and most recently, Mike Borokhov and Elliott Spruell joined our team to help out with marketing and media.

Today Next Season’s team is stronger than ever, but the goal remains the same. Next Season is determined to fulfill their mission of providing help to athletes whose lives has been irreversibly harmed due to their participation in sports. Next Season will continue to build relationships, not only with those in need, but also with those who are destined to help. Moreover, Next Season will continue to educate and inform as many people as possible to prevent further injuries. Next Season will advocate for all athletes, their safety, and their quality of life after sports.

In sum, Next Season has come a long way from those days in the file room, but Next Season has a huge job ahead of them, and they are committed to the responsibility that has been bestowed upon them. If you or anyone else would like more information on how to get involved, please contact any member of the Next Season team.

Concussion Management in Sports

Rarely does a week pass without some mention in the lay media about sports-related concussions, sustained at the amateur or professional level of competition. Recently, the topic of head injuries in the National Football League (NFL) prompted a congressional hearing, fostering a widening discussion and debate about the actual incidence of concussion in the NFL, and the steps being taken to insure the safety of involved athletes.

The increased interest in sports-related concussion comes on the heels of the Third International Conference on Concussion in Sport, which was held during November 2008 in Zurich, Switzerland. A select group of expert attendees summarized their understanding of sports-related concussions, and their recommendations within a consensus statement. This statement is meant for wide distribution and use by physicians, physical/occupational therapists, certified athletic trainers, health professionals, coaches and others involved in the care of injured athletes (all ages; amateur through professional levels).

Here are the key points from the Zurich conference:

What is a Concussion?

This is a complex pathophysiological process that affects the brain, one that is induced by traumatic biomechanical forces. The most common features of a concussion are: (a) a direct blow to the head, face, neck, or elsewhere on the body. This direct blow creates in “impulsive” force that is transmitted to the head; (b) the blow results in a rapid onset of short-lived impairment in neurologic functioning, impairment that usually resolves spontaneously; (c) the blow may result in neuropathological changes with acute symptoms reflecting a disturbance in function (physical or cognitive performance), versus an actual structural injury to the brain; (d) the blow leads to a graded set of symptoms that may or may not involve an actual loss of consciousness; (e) there is a resolution of symptoms after a sequential course, with a small percentage of concussed individuals or athletes experiencing prolonged recovery, or post-concussive symptoms; and, (f) there is usually no abnormality detected on standard imaging studies of the brain of head (CT, MRI).

How is Concussion Classified and Managed Acutely?

The majority of all concussions (80 to 90%) resolve in a short period of time (approximately 7 to 10 days, post injury). This recovery time may be longer in children and adolescents. The usual signs and symptoms of concussion are headache, feeling dazed or in a fog, emotional lability (fluctuations in mood that are atypical for the individual), memory problems, slowed reaction time or processing speed, and sleep disturbance.

On-field or sideline evaluation approaches for acute concussion involve use of standard emergency management principles. These methods lead to a decision-making, regarding an athlete’s ability to continue play, and the need for additional assessment by other healthcare professionals, such as the team physician(s), or particular specialists. The severity of the concussion is often evaluated via sideline assessment tools, such as the SCAT2. Injured athletes are monitored serially over the first few hours post-concussion. Athletes should not return to play on the day of the injury. Usually, athletes are not returned to play until they are symptom free.

What is the Role of Neuropsychological Assessment?

Actual testing of an injured athlete’s thinking skills, using neuropsychological measures, has clinical value and merit. The results from this type of testing contribute to important evaluation information about the athlete’s post-concussion level of performance and functioning. Neuropsychological testing should be conducted when the adult athlete is symptom free; this testing may be introduced earlier in younger athletes that are still experiencing concussion-related symptoms. Often, decisions need to made about the younger athlete’s treatment needs and school-related adjustments. There may also be a need to track this younger athlete’s symptoms more closely using objective measures of cognition (neuropsychological testing).

What is Helpful About Concussion Management?

There is a need to follow an established return-to-play (RTP) protocol, after an athlete sustains a concussion. Usually, this involves no activity initially (complete cognitive and physical rest). Then, the athlete may be returned to light aerobic exercise. If no symptoms emerge, a sport-specific exercise is introduced. Non-contact training drills may come next, followed by full contact practice, and then actual RTP. The athlete’s progression through the RTP stages needs to be monitored closely. If the athlete exhibits an emergence of concussion-based symptoms, their progression through the stages is slowed: a return to an earlier stage is likely until there is no emergence of post-concussion symptoms.

Where available, a neuropsychologist should be involved in the RTP process. Baseline (pre-concussion) testing is recommended via computerized testing, such as ImPACT. Each player then serves as their own point of comparison, should they incur a concussion. Objectivity is enhanced with computer-based testing strategies, with proper supervision by a neuropsychologist. Further, use of computerized testing allows for the assessment of multiple athletes, increasing the efficiency of test administration, especially for large teams with busy training schedules. Post-injury testing can make use of multiple or alternative forms, which facilitates a cleaner assessment of concussion-based symptoms using measures that are less affected by an athlete’s familiarity with particular test items. The sensitivity of post-concussion, neuropsychological testing via computers can be enhanced with additional paper-and-pencil measures.

What About More Complex Cases?

When athletes experience the more atypical, prolonged recovery pattern post-injury, there will be a need to take a detailed history, one that searches for other, contributing factors. These other factors may include early developmental or learning problems, psychological or emotional factors, motivational issues, or non-concussion health conditions, such as chronic pain, sleep disturbance, medication side effects, use of non-prescribed drugs or alcohol, engagement in non-recommended physical or cognitive exercises, and other stressors in the athlete’s life.

Recommendations:

The Zurich conference and current concussion management strategies point to the importance of a thoughtful concussion management program, one that is multidisciplinary in approach. A good starting point for any concussion management program is a review of the current literature in this field, especially the recent consensus statements on sports-related concussion. Additionally, there is a need to insure that the multidisciplinary team involved in RTP decision-making is, in fact, working in a coordinated manner with a common body of knowledge. The ideal concussion management program includes a healthy dose of education for the athletes, the staff, and other interested parties.

One must keep in mind that the field of concussion management is evolving. There is no set standard of practice. There are known aspects of effective concussion management, however, and the implementation of these aspects can only be helpful to the involved athletes.

Dr. David Lechuga directs a small neurobehavioral clinic in Lake Forest, California. His practice specializes in assessing and treating individuals with brain injuries. Dr. Lechuga is adjunct clinical faculty at UCLA and Pepperdine University. He is the neuropsychologist for the Los Angeles Kings Hockey Club. Dr. Lechuga is a board member for Next Season.