UPDATE – Marino stated late 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 future medical care for brain trauma. He has since withdrawn his name from the lawsuit filed earlier this week.
With awareness of brain injuries in sports at the highest level yet, a growing concern over sub-concussive hits which do not cause diagnosable traumatic brain injuries but accumulate to form long-term brain damage, and a settlement with players regarding brain injuries pending since last August, the National Football League’s brain injury problems just won’t stop growing.
Now, USA Today reports 15 more former NFL players have filed a lawsuit against the NFL in federal court, joining more than 4,500 other players who have accused the NFL of misleading players about the long-term dangers of concussions. Among those players is Hall of Fame quarterback Dan Marino.
The NFL and the plaintiffs had previously agreed to a $765 million settlement last August, but a federal judge rejected the settlement in January while asking for more financial analysis to address concerns that the figure agreed to may not be enough to cover all the qualifying players.
“Even if only 10 percent of retired NFL football players eventually receiving a qualifying diagnosis, it is difficult to see how the Monetary Award Fund would have the funds available over its lifespan to pay all claimants at these significant award levels,” the judge wrote.
The new 18-page filing submitted on May 28 does not include specific details about Marino’s current health. It is largely similar to the other lawsuits filed by previous parties, including a large amount of boilerplate accusing the NFL of “carelessness, negligence, intentional misconduct” regarding concussions.
The 52-year-old Marino retired in 1999 after playing 17 seasons for the Miami Dolphins. During his career, Marino didn’t have a significant history of documented concussions, however he did have a significant neck injury late in his career. He also missed 11 games in 1993 following a torn Achilles’ tendon.
Since retiring, Marino has spent the last 12 years working as an analyst for CBS, however they parted ways earlier this year.