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NFL, ex-jocks spar in Miami courtroom over concussions

 

A former New York Jet went to federal court in Miami Thursday, standing in for hundreds of ex-players who say they were misled about head injuries related to football.

abeasley@miamiherald.com

Rich Miano, a one-time gladiator now retired from the NFL, was back in the arena Thursday.

The former safety wasn’t slamming into tight ends or running backs, but rather served as a proxy for his football brethren who are suing the league over debilitating illnesses they say were caused by repeated collisions on the football field.

At Thursday’s federal hearing in Miami, Miano was the only player in attendance, standing in for the hundreds of plaintiffs seeking huge damages from the league in a series of health-negligence lawsuits filed around the country. The Miami hearing was to determine whether the complaints should be consolidated into one — a ruling that is expected in a matter of weeks.

But during the 45-minute proceeding, there was more showmanship than substance. Both sides agreed that the cases should be bundled since they involve the same basic allegation — that the league had long known that repeated blows to the head had life-long health consequences.

Miano, 49, who played 11 years for the Jets, Eagles and Falcons, might have seemed an odd choice to put on display. Unlike some of his past colleagues, who now suffer migraines, memory loss and depression, he’s pretty healthy.

“I’m here today to bring awareness to the seriousness of the situation,” Miano said.

The judicial panel that met Thursday is expected to ship all preliminary proceedings to the Eastern District of Pennsylvania, where Judge Anita B. Brody would officiate.

Among the former players suing the league are past Miami Dolphins Patrick Surtain, Oronde Gadsden and Lamar Thomas.

The NFL claims that player safety has long been a priority, and that any allegation that it intentionally sought to mislead players about health risks is without merit.

Beth Wilkinson — the prominent Washington D.C. attorney representing the NFL — gave a hint of the league’s defense strategy in court Thursday. She stated that all player-safety issues are covered by the sport’s Collective Bargaining Agreement, the governing contract negotiated between the league and its players union.

The league has asked for the suits to be dismissed on these grounds.

“It’s a workman’s-comp issue,” Wilkinson said. “There’s a [grievance] process set up by the CBA that you go through [internally], which is negotiated in arbitration.”

In five of the pending cases, the NFL has a co-defendant: Riddell, the league’s official helmet supplier. Thomas Girardi, a California-based attorney representing former players suing Riddell, wants to keep those cases lumped together with the broader litigation against the NFL.

In court Thursday, Girardi alleged that the equipment company and the league were in cahoots to keep players uninformed about the risks associated with the sport and its helmets.

“Riddell worked hand-in-hand with the NFL,” Girardi said.

The helmet maker, represented by Paul Cereghini, asked the judicial panel to decouple its cases from those that don’t mention Riddell.

Even if the panel rules to consolidate, the cases will likely splinter again at some time in the future, lawyers said. Whichever trial comes first will likely serve as a test case for the rest.

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