v.
NATIONAL FOOTBALL LEAGUE, NFL Properties LLC, and John Does 1 through 100, inclusive, Defendants.
Locks Law Firm, Gene Locks, Esquire (PA ID No. 12969), Michael B. Leh, Esquire (PA ID No. 42962), Da D. Langfitt, Esquire (PA ID No. 66588), 60 Walnut Street, Suite 720 East, Philadelphia, PA 19106, 215-893-0100 (tel.), 215-893-3444 (fax), blocks@lockslaw.com, mleh@lockslaw.com, dlangfitt @lockslaw.com, Attorneys for Plaintiffs.
The Plaintiffs set forth above in the case caption bring this Complaint and state as follows:
1. This action seeks a declaration of liability, injunctive relief, and financial compensation for the long-term chronic injuries, financial losses, expenses, and intangible losses suffered by the Plaintiffs and their spouses as a result of the defendants' intentional tortious misconduct (by voluntary undertaking), negligence, fraud, and conspiracy.
2. This action arises from the pathological and debilitating effects of head injuries and concussions that have afflicted present and former professional football players in the National Football League (the “NFL”). For many decades, evidence has linked repetitive traumatic brain injury to long-term neurological problems in many sports. The NFL, as the organizer, marketer, and face of the most popular sport in the United States, in which head trauma is a regular occurrence, was aware of the evidence and the risks associated with repetitive traumatic brain injuries and concussions for decades, but deliberately ignored and actively concealed the information from the Plaintiffs and all others who participated in organized football at all levels.
3. Moreover, in or around 1994 and possibly earlier, the NFL voluntarily inserted itself into the scientific research and discussion concerning the relationship between concussions and short-term and long-term impairment of the brain. After doing so, the NFL then intentionally and fraudulently mislead present and former players, and all people who reasonably rely upon the NFL's expertise about its own sport, regarding the short-term and long-term risks posed by concussions and head trauma.
4. Rather than warn players that they risked permanent brain injury if they returned to play too soon after sustaining a concussion, the NFL actively deceived players, by misrepresenting to them that concussions did not present serious, life-altering risks.
5. The NFL, through its own initiative and voluntary undertaking, created the Mild Traumatic Brain Injury Committee (the “MTBI Committee”) in 1994 to research and ameliorate the impact of concussions on NFL players. Notwithstanding this purported purpose, and despite clear medical evidence that on-field concussions led directly to brain injuries with tragic results for players at every level of the sport, the NFL failed to inform its current and former players of the true risks associated with such head trauma and purposefully misrepresented and/or concealed medical evidence on that issue.
6. Athletes who suffered repetitive traumatic brain injuries and/or concussion in other professional sports were restricted from playing full games or even seasons, yet NFL players who had similar trauma were regularly returned to play.
7. The NFL's active and purposeful concealment and misrepresentation of the severe neurological risks of repetitive traumatic brain injury exposed players to dangers they could have avoided had the NFL provided them with truthful and accurate information. Many of these players have suffered brain damage and latent neurodegenerative disorders and diseases as a result of the NFL's acts and/or omissions.
8. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) and (b) and 28 U.S.C. § 1332(d)( 1). All of the plaintiffs and all of the defendants are citizens of different states. The amount in controversy exceeds $75,000, exclusive of interest and costs, for each Plaintiff. The amount in controversy for all Plaintiffs in this mass action exceeds five million dollars ($5,000,000) exclusive of interest and costs. This matter can be tried jointly in that the Plaintiffs claims involve common questions of law and fact.
9. This Court has personal jurisdiction over the Defendants because they conduct substantial and continuous business in the Commonwealth of Pennsylvania.
10. Venue is proper in this district pursuant to 28 U.S.C. § 1391(a)(2) and (b)(2), because a substantial part of the events or omissions that give rise to the claims occurred within the Commonwealth of Pennsylvania and this district, and the Defendants conduct a substantial part of their business within this district.
11. Plaintiff Rob Johnson is 39 years old and resides at 17 Mission Ridge in Ladera Ranch, California. Mr. Johnson played nine seasons as a quarterback in the NFL for the Jacksonville Jaguars, the Buffalo Bills, the Tampa Bay Buccaneers, the Washington Redskins, the Oakland Raiders, and the New York Giants. Mr. Johnson sustained several concussions while playing in the NFL, is at an increased risk of latent brain disease, and currently suffers from short-term memory loss, anxiety, depression, mood swings, sleeplessness, and headaches.
12. Plaintiff Dana Johnson is the spouse of Plaintiff Rob Johnson and resides at the same address.
13. Plaintiff L. Ethan Albright is 40 years old and resides in Greensboro, North Carolina. Mr. Albright played in the NFL for sixteen seasons from 1995 to 2010. During that time period, Mr. Albright played offensive line for the Miami Dolphins, Buffalo Bills, Washington Redskins, and San Diego Chargers. During his time in the NFL, Mr. Albright sustained multiple head traumas in practices and games. On multiple occasions, Mr. Albright was hit in the head so substantially that his arms and legs would become limp. Mr. Albright is at an increased risk of latent brain disease, and currently suffers from substantial memory loss and sleep disturbance.
14. Plaintiff Katherine Albright is the spouse of Plaintiff Lawrence Ethan Albright and resides at the same address.
15. Plaintiff A. Doug Easlick is 31 years old and resides in Marlton, New Jersey. Mr. Easlick played as a running back in the NFL for two seasons from April 2004 to September 2006. During that time period, Mr. Easlick played for the Miami Dolphins, Cincinnati Bengals, San Francisco 49ers and Pittsburgh Steelers. He sustained multiple head traumas on a regular basis, including being knocked unconscious during a practice, as a special teams players, fullback, and running back in NFL practices, preseason games, and regular season games. The result of these impacts was that Mr. Easlick suffered from dizziness and tended to see black spots and flashing lights in the normal course of his day to day life. At no time during his time in the NFL was Mr. Easlick ever diagnosed or treated for a concussion or concussion-like symptoms. Mr. Easlick is at an increased risk of latent brain disease and currently suffers from memory loss, persistent headaches, sleeplessness, depression, and difficulty concentrating.
16. Plaintiff Lee Suggs, Jr. is 31 years old and resides in Olmstead Falls, Ohio. Mr. Suggs played in the NFL for four seasons from 2003 to 2006. During that time period, Mr. Suggs played as a running back and on special teams for the Cleveland Browns and the Miami Dolphins. As a running back, Mr. Suggs sustained contact on 90% of the plays in which he participated and sustained multiple head trauma and concussions during NFL games. In a game on November 2003, Mr. Suggs was helped off the field after a kickoff he could not recall until 30 or 40 minutes later. Nevertheless, Mr. Suggs continued to play in that game. Mr. Suggs is at an increased risk of latent brain disease and currently suffers from depression, anxiety, persistent intense headaches, and ringing in his ears.
17. Plaintiff Bill Ferrario is 34 years old and resides in Wausau, Wisconsin. Mr. Ferrario played in the NFL on the offensive line and on special teams for the following time periods: April 2001 through August 2003 for the Green Bay Packers, February 2004 through August 2004 for the Washington Redskins, and October 2004 through August 2005 with the Carolina Panthers. During his time in the NFL, Mr. Ferrario sustained concussions and concussion-like symptoms on a regular basis, but was never treated, diagnosed, or removed from practices or games because of those issues. Mr. Ferrario is at an increased risk of latent brain disease and currently suffers from memory loss, dizziness and difficulty with his vision, mood swings, depression, and sensitivity to light.
18. Plaintiff Stephanie Ferrario is the spouse of Plaintiff Bill Ferrario and resides at the same address.
19. Plaintiff Allen Johnson is 31 years old and resides in Brussels, Wisconsin. Mr. Johnson played on the offensive line and as a wedge blocker on kick-off teams during the following time periods and for the following teams: 2003 to 2006 for the Dallas Cowboys, 2007 to October 2008 for the Arizona Cardinals, November 2008 to January 2009 for the Miami Dolphins, April 2009 through the end of the 2009 season for the New England Patriots. During his time in the NFL, Mr. Johnson sustained head trauma and concussions on multiple occasions that resulted in persistent headaches and dizziness in practices and games. Mr. Johnson is at an increased risk of latent brain disease and currently suffers from persistent headaches, memory loss, and difficulty concentrating.
20. Plaintiff Brandy Johnson is the spouse of Plaintiff Allen Johnson and resides at the same address.
21. Plaintiff K. Cory Withrow is 36 years old and resides in San Diego, California. Mr. Withrow played on the offensive line and within the wedge on kick-off teams during the following time periods and for the following NFL teams: 1998 for the Minnesota Vikings and Cincinnati Bengals, 1999 through 2005 for the Minnesota Vikings, 2006 through 2008 for the San Diego Chargers and St. Louis Rams, and 2009 for the Seattle Seahawks. During every year of his NFL career, Mr. Withrow sustained multiple head traumas and showed concussion-like symptoms, some of which were medically documented and others of which were not. Mr. Withrow is at an increased risk of latent brain disease and currently suffers from short-term memory loss on a regular basis, sleeplessness, and depression.
22. Plaintiff Jon Carmen is 36 years old and resides in Barnegat, New Jersey. Mr. Carmen played in the NFL on the offensive line for the Buffalo Bills from 2000 through training camp in 2002, for the Minnesota Vikings for three weeks in 2002, and in the Minnesota Vikings training camp for 2003. During that time period, Mr. Carmen sustained concussions and/or concussion-like symptoms on multiple occasions that included loss of memory and persistent headaches during training camps that directly arose from traumatic head impacts. Mr. Carmen is at an increased risk of latent brain disease and currently suffers from short-term memory loss and anxiety.
23. Plaintiff Candice Carmen is the spouse of Jon Carmen and resides at the same address.
24. Plaintiff Corey Hulsey is 34 years old and resides in Clermont, Georgia. Mr. Hulsey played on the offensive line for the following NFL teams for the following years: Buffalo Bills, 1999 through 2002, Oakland Raiders, 2002 through 2006, and Detroit Lions, March 2008 through October 2008. During that time period, Mr. Hulsey sustained at least one concussion and/or concussion-like symptoms during the 2006 season. Mr. Husley is at an increased risk of latent brain disease and currently suffers from mood swings.
25. Plaintiff Casey Hulsey is the spouse of Plaintiff Corey Hulsey and resides at the same address.
26. Plaintiff James Druckenmiller is 39 years old and resides in Cordova, Tennessee. Mr. Druckenmiller played quarterback in the NFL for the following NFL teams during the following years: San Francisco 49ers 1997 through 1998, Miami Dolphins 1999, and the Indianapolis Colts 2003. During that time period, Mr. Druckenmiller sustained at least one concussion that was undiagnosed and untreated. Mr. Druckenmiller is at an increased risk of latent brain disease and currently suffers from memory loss and an inability to concentrate.
27. Plaintiff Rene Ingoglia is 39 years old and resides in Orlando. Florida. Mr. Ingoglia played in the NFL as a running back and on special teams from 1997 through 1999 for the Buffalo Bills and the Washington Redskins. Mr. Ingoglia sustained multiple head impacts during his playing days in the NFL, including two helmet to helmet hits in 1997 during drills that made him see black and possibly knocked him unconscious. Mr. Ingoglia was never treated for these impacts. Mr. Ingoglia is at an increased risk of latent brain disease and currently suffers from short-term memory loss.
28. Plaintiff Jessica Ingoglia is the spouse of Plaintiff Rene Ingoglia and resides at the same address.
29. Plaintiff Trey Darilek is 30 years old and resides in Lewisville, Texas. Mr. Darilek played on the offensive line for the Philadelphia Eagles from March 2004 through August 2006, for the Miami Dolphins from August 2006 through October 2006, and for the Dallas Cowboys from March 2008 through August 2008. During that time period, Mr. Darilek sustained concussions or concussion-like symptoms during the 2004 and 2006 seasons, none of which were ever diagnosed or treated. Mr. Darilek is currently at an increased risk for latent brain disease and currently suffers from mood swings, anxiety, and sleeplessness.
30. Plaintiff Karla Darilek is the spouse of Plaintiff Trey Darilek and resides at the same address.
31. Plaintiff Tom Nutten is 40 years old and resides in Osprey, Florida. Mr. Nutten played in the NFL for eight seasons as an offensive lineman as follows: Buffalo Bills 1995, Denver Broncos during the 1997 offseason, St. Louis Rams 1998-2002, the New York Jets for part of 2003, and the St. Louis Rams 2004 - 2006. During his years in the NFL, Mr. Nutten sustained many concussions and other substantial head impacts on a regular basis that resulted in concussion and concussion-like symptoms. After at least one impact, Mr. Nutten received medical treatment. Mr. Nutten is at an increased risk for latent brain disease and currently suffers from headaches, depression, anxiety, and an occasional inability to focus.
32. The names and capacities of Defendants DOES 1 through 100, inclusive whether individual, corporate, associate or otherwise, are unknown to Plaintiffs at the present time. When Plaintiffs ascertain the names and capacities of those Defendants, they will seek leave of court to amend this complaint.
33. All Defendants, and each of them, were in some fashion legally responsible for the injuries and damages complained of herein.
34. At all times herein mentioned, Defendants, and each of them, were the agents, servants, and employees each of the other, acting within the course and scope of said agency and employment.
35. Defendant NFL, which maintains its offices at 280 Park Avenue, New York, New York, is an unincorporated association consisting of the 32 separately owned and independently-operated professional football teams listed below. The NFL is engaged in interstate commerce in the business of, among other things, promoting, operating, organizing, and regulating the major professional football league in the United States. The NFL is not, and has not, been the employer of the Plaintiffs, who were employed during their respective careers in professional football by the independent clubs (hereinafter “Teams” or “Clubs”) set forth below. The United States Supreme Court held in American Needle, Inc. v. NFL, 130 S. Ct. 2201, 2212-13 (2010) that each team that is a member of the NFL is a legally distinct and separate entity from both the other teams and the NFL itself.
36. The 32 separately owned and independently-operated teams are:
| NFL Team Owner | State of Organization | Team Name (City) |
| Arizona Cardinals, Inc. | Arizona | Arizona Cardinals |
| Atlanta Falcons Football Club LLC | Georgia | Atlanta Falcons |
| Baltimore Ravens Limited Partnership | Maryland | Baltimore Ravens |
| Buffalo Bills, Inc. | New York | Buffalo Bills |
| Panthers Football LLC | North Carolina | Carolina Panthers |
| Chicago Bears Football Club, Inc. | Delaware | Chicago Bears |
| Cincinnati Bengals, Inc. | Ohio | Cincinnati Bengals |
| Cleveland Browns, Inc. | Delaware | Cleveland Browns |
| Dallas Cowboys Football Club, Ltd. | Texas | Dallas Cowboys |
| Denver Broncos Football Club | Colorado | Denver Broncos |
| Detroit Lions, Inc. | Michigan | Detroit Lions |
| Green Bay Packers, Inc. | Wisconsin | Green Bay Packers |
| Houston NFL Holdings LP | Delaware | Houston Texans |
| Indianapolis Colts, Inc. | Delaware | Indianapolis Colts |
| Jacksonville Jaguars, Ltd. | Florida | Jacksonville Jaguars |
| Kansas City Chief Football Club, Inc. | Texas | Kansas City Chiefs |
| Miami Dolphins, Ltd. | Florida | Miami Dolphins |
| Minnesota Vikings Football Club LLC | Minnesota | Minnesota Vikings |
| New England Patriots, LP | Delaware | New England Patriots |
| New Orleans Louisiana Saints LLC | Texas | New Orleans Saints |
| New York Football Giants, Inc. | New York | New York Giants |
| New York Jets Football Club, Inc. | Delaware | New York Jets |
| Oakland Raiders LP | California | Oakland Raiders |
| Philadelphia Eagles Football Club, Inc. | Delaware | Philadelphia Eagles |
| Pittsburgh Steelers Sports, Inc. | Pennsylvania | Pittsburgh Steelers |
| San Diego Chargers Football Co. | California | San Diego Chargers |
| San Francisco Forty Niners Ltd. | California | San Francisco 49ers |
| Football Northwest LLC | Washington | Seattle Seahawks |
| The Rams Football Company LLC | Delaware | St. Louis Rams |
| Buccaneers Limited Partners | Delaware | Tampa Bay Buccaneers |
| Tennessee Football, Inc. | Delaware | Tennessee Titans |
| Washington Football Inc. | Maryland | Washington Redskins |
37. Defendant NFL Properties, LLC is the successor-in-interest to National Football League Properties, Inc. (“NFL Properties”) and a limited liability company organized and existing under the laws of the State of Delaware with its headquarters in the State of New York. NFL Properties is engaged in, among other activities, approving, licensing, and promoting equipment used by all the NFL teams. NFL Properties regularly conducts business in Pennsylvania.
38. The Defendants National Football League and NFL Properties shall be referred to collectively herein as the “NFL”.
39. The NFL caused or contributed to the injuries and increased risks to Plaintiffs through its acts and omissions (a) by failing to disclose the true risks of repeated traumatic brain and head impacts in NFL football; (b) by failing to take appropriate steps to prevent, minimize, and/or mitigate repeated traumatic brain and head impacts in NFL football; and (c) by deliberately creating false scientific studies and spreading misinformation concerning the cause and effect relation between brain trauma in NFL games and practices and latent neurodegenerative disorders and diseases.
40. On information and belief, NFL policies and decisions relevant to the conduct alleged herein occurred primarily in the NFL corporate offices in New York City.
41. On information and belief, those policies and decisions were part of a conspiracy whose objectives were to prevent players from having accurate and correct scientific information regarding the cause and effect relationship between (a) concussions and brain trauma during NFL games and practices and (b) long-term neurological brain damage, including the early onset of dementia, memory loss, and Chronic Traumatic Encephalopathy (“CTE”).
42. Another objective of the conspiracy was to prevent persons bargaining on behalf of players to have sufficient knowledge to demand that policies, procedures, and conditions be included in the Collective Bargaining Agreements and other contracts that were sufficient for the protection of players in connection with brain trauma and concussions.
43. The NFL conspiracy also included a third objective, which was to deprive players of their right to seek damages for concussion-related injuries in court by using the Collective Bargaining Agreements as a bar to any civil court action by players.
44. However, since the public and widely promoted position of the NFL was that concussions in NFL games and practices were not a long-term risk to players and unconnected to brain degeneration and the brain disorders of early dementia and CTE, the Collective Bargaining Agreements cannot be the source of the duties of the NFL as to concussions.
45. Moreover, the voluntary insertion of the NFL into concussion research and public discussion meant that the NFL had a duty (a) to make truthful statements; (b) not to wrongfully advance improper, biased, and falsified industry-generated studies; and (c) not to discredit well-researched and credible studies that came to a conclusion that did not comport with the NFL's financial and political interests.
46. This duty extended not merely to NFL players, but also to all persons who play the game of football nationwide at every level; that is, millions of children, high school students, and college students.
47. In light of the NFL conspiracy, Plaintiffs seek a declaration that no Collective Bargaining Agreements are a bar to this lawsuit, because they were induced by fraud.
48. Third parties that conspired with the NFL in the conspiracy and other tortious conduct alleged herein include, but are not limited to, the Teams, physicians and health care providers who contracted with the Teams and NFL, NFL Properties, LLC, and various persons in leadership positions in the NFL, the Teams, and NFL Properties, LLC.
49. Joinder is permissible under Fed. R. Civ. P. 20(a) in that the claims alleged herein arise out of the same occurrences, and questions of law and/or fact common to all Plaintiffs arise in this action.
50. Common questions of law and fact will arise in this action, including but not limited to the following:
(a) Whether the NFL, through its own voluntary undertaking, was negligent in its response to the health effects of repetitive traumatic brain injuries and/or concussions sustained by the Plaintiffs during NFL games, practices and other activities;
(b) Whether the NFL conspired to defraud the Plaintiffs by ignoring and/or misrepresenting the risks of repetitive traumatic brain injuries and/or concussions sustained by the Plaintiffs during NFL games, practices and other activities; and
(c) Whether the repetitive traumatic brain injuries and/or concussions sustained by the Plaintiffs during NFL games, practices and other activities cause, among other things, latent neurodegenerative brain disorders, memory loss, and brain disease.
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