Name for DOJ to analyze attainable civil rights violation in NFL’s mind damage settlement

CHICAGO (NewsNation Now) – Leonard Marshall is third in all-time sacks for the New York Giants, two-time Super Bowl champion, three-time professional bowler, and has been named twice NFL Defensive Lineman of the Year.

“Pro football has shaped my life,” said Marshall. “I had achieved everything I thought possible.”

He retired from the game at the age of 33. Ten years later, Marshall says something was wrong.

“I’ve started noticing things with my behavior,” Marshall said. “I started to notice that things were starting to slide and I realized that I was running out of patience with people I loved and who I loved. I did not understand everything.”

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“I came home and he said I had an episode and called the local authorities and I felt like I wanted to kill myself,” said Leonard’s wife Lisa. “He couldn’t express it. He just felt it. He felt like his world was collapsing and I couldn’t understand why because it came out of the blue. “

In 2013, he volunteered to have his brain examined with PET scans by a team at UCLA to look for evidence of CTE, a progressive degenerative brain disease that occurs in people with a history of repeated head trauma.

They concluded that Marshall had CTE.

“When I was in football, we didn’t talk about concussions,” Marshall said. “There was no advance warning. I mean, when I signed up for the National Football League, I knew I was going to be beaten, hit, and injured, but what I didn’t know was that traumatic brain injuries were going to be so common. “

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The NFL was aware of this as early as 1994. The year Marshall retired.

It was then that NFL commissioner Paul Tagliabue founded the Committee for Minor Trauma and Brain Injuries.

When asked publicly at the time, he denied the problem, calling concussions “one of those problems of pack journalism” and saying that the number of concussions was “relatively low”.

Today Marshall is one of over 20,000 former NFL players who have signed up for the NFL Concussion Agreement.

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Individuals diagnosed with ALS, Parkinson’s, Alzheimer’s, and dementia can receive a cash award. However, CTE was excluded from the comparison.

Marshall’s attorney Jason Luckasevic filed the first cases against the NFL and initiated the NFL concussion battle.

“Leonard had started confirming through UCLA that he had CTE,” said Luckasevic. “We had seen a few other doctors before the comparison took effect. He said, ‘Look, he has a lot of neurodegenerative problems’. “

Marshall was diagnosed with dementia and Parkinson’s and filed the claim in the NFL concussion.

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In 2017, his Parkinson’s disease claim was approved, which entitles him to a cash award of $ 1.9 million.

But months later, the NFL claims trustee reviewed his case and overturned the award, stating that his Parkinson’s diagnosis “generally did not match the settlement criteria, as his condition was cited as being ‘stable’ and not characteristic of the progressive decline of Parkinson’s “. And also because “alternative explanations are likely”, namely CTE.

“Just like that,” said Marshall. “And then I had to see a doctor and wonder what kind of game is that?”

Marshall went through the tests again.

“And while he visits these doctors, his numerous psychological tests kind of improve, but the rationale and rationale for this is that they applied racial normative data to Leonard,” Luckasevic said.

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The settlement agreement negotiated by the NFL required the neuropsychologist to apply the race-based norms, that is, they adjusted Marshall’s results because he is black. His research results are very clearly stated, all of the items below are demographically adjusted based on Mr. Marshall’s age, education, gender, and race.

The NFL said in June it would end the controversial practice known as race norming, a practice that makes it difficult for black retirees to show a deficit and qualify for an award. The claims administrator did not want to comment on Marshall’s claim against NewsNation.

“I feel like I don’t even want to say the explicit word,” Marshall said. “I think that will help you understand my point. It hurts.”

“Using race to differentiate between people in the same group organization is a violation of civil rights and needs to be investigated,” Luckasevic said.

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Chris Seeger, the attorney who negotiated the settlement on behalf of the players, toured the country in 2017 and praised it.

I think it’s really, really good, ”said Seeger. “It fulfills the goal we set ourselves from day one, which is to help the players and their families who need them … now.”

Seeger also initially said that he saw no signs of racial bias in the administration of the settlement fund, but recently turned around and apologized for the pain the program caused. He also said those diagnosed before 2017 would be paid.

“If you have a diagnosis of a neurocognitive or neuromuscular problem before that date and it has been done by a government-recognized legitimate doctor, that diagnosis will be recognized in the settlement,” Seeger said.

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But that didn’t happen with Marshall. Seeger declined to comment, citing the recent gag order for the case.

“This is not an agreement,” said Luckasevic. “This is an entitlement process where less than 5% of ex-players were just paid. I really believe the Attorney General or the Justice Department needs to look at what’s going on here. “

In the seven years since the settlement was established, the NFL reports 20,558 registered class members. A little more than 3,200 complaint packages have been received. Less than 1,300 players were paid.

But attorney Chris Seeger, who negotiated the settlement, has awarded at least $ 64 million from the judge who leads the case.

“Why are these former players unfair?” Said Luckasevic. “Why is everyone getting paid but these former players?”

“It’s obvious it’s a broken system,” said Marshall. “It is obvious that something has failed here.”

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