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Eric Shelton Suing NFL

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Brad

Active member
Aug 23, 2008
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http://sports.espn.go.com/espn/commenta ... id=5865792

It won't make big headlines right away, but the story of Eric Shelton will be one to file away for future reference. You can bet that a few hundred former NFL players and a few thousand attorneys will watch it very closely.

As is the NFL, which might be facing its worst fears if it has to send its lawyers into a courtroom to defend the case of the former Carolina Panthers running back who filed a suit against the league Monday. Shelton's suit claims that the 27-year-old suffered permanent and immediate damage from a helmet-to-helmet hit during an intrasquad scrimmage during training camp with the Washington Redskins in 2008.

Every sane human understood the potential damage caused by helmet-to-helmet hits long ago. There is no mystery to the equation: Fast, large humans running at full speed and colliding with plastic-covered heads can cause severe injury.

But the NFL didn't open itself up to the type of lawsuit Shelton filed until it acknowledged the issue. Once the league accepted it and took steps to change it -- in other words, once it lost the ignorance defense -- its greatest fear became a whole line of Eric Sheltons lining up to claim disability for injuries sustained from hits that the league knows are debilitating.

The minute the posters went up in the locker rooms and the edicts were handed down to the officials, Eric Shelton became inevitable.

The details of Shelton's situation are somewhat esoteric to everyone but him, his lawyers and the NFL, but here goes: He was injured in a helmet-to-helmet hit that left him with temporary numbness from the waist down. The hit ended his career, but Shelton's attorneys will argue that was only the beginning. The suit claims that the injury was incorrectly classified as degenerative rather than catastrophic by the pension plan (run jointly by the league and the NFLPA), causing Shelton to be denied the maximum benefit of nearly $225,000 per year. Instead, because his injury was ruled to have been one that causes impairments six to 12 months after the initial injury, he is currently receiving about $110,000 per year. The lawsuit is intended to rectify that perceived injustice.

Here's where it will get nasty: The league's public response to the suit -- by its lawyers through The New York Times -- cites a job that Shelton held in a Walgreens pharmacy as proof that he can hold down a job. Shelton's lawyers claim that he tried to work but couldn't because he couldn't stand for long periods of time.

You can see where this is headed. It will be incumbent upon the league's attorneys to belittle the education and the postfootball earning potential of many of its players. Shelton's Walgreens experience undoubtedly will become the league's baseline for what he could have done with his life after he was finished with football. To defend the "degenerative" nature of his injuries and keep his disability compensation where it is, the NFL will point to the pharmacy job as proof that Shelton was able to find gainful employment.

Cy Smith, one of Shelton's lawyers, countered that claim by telling the New York Daily News, "Eric Shelton is a proud man, and he'd rather be earning a paycheck than a disability check. He tried to work, and he can't work."

In essence, this suit and any that follow will force the NFL to determine the worth of its former players. That has the potential to take this well beyond the important issue of head injuries.

Given the players' growing distrust for the league, based on the potential labor dispute and what they perceive as selective fines for on- and off-the-field behavior, it's a safe bet that every current and former player will be listening closely to the words the league uses to describe Shelton's value as a human being.
 

AmishDave

Featured Contributor, Collector Showcase, Senior M
Sep 19, 2009
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Ely, MN
Loved Eric Shelton :(

NFL is gonna go down and gonna go down REAL hard w/in the next year.
 

the1mcjensen

New member
Aug 7, 2008
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i may sound like a dick, but that 110k is more than he would ever make at walgreens. as a former manager, i know this
 

goldenegg1

New member
Aug 7, 2008
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I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.
 

seahawks4ever

New member
Apr 24, 2009
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Washington State
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.
 

AUTaxMan

Active member
Nov 25, 2009
2,394
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Mobile, AL
seahawks4ever said:
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.

You took the words out of my mouth. Football is dangerous. This one won't get past summary judgment.
 

Zeeck

New member
Mar 29, 2010
682
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Aurora, IL
AUTaxMan said:
seahawks4ever said:
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.

You took the words out of my mouth. Football is dangerous. This one won't get past summary judgment.

Has nothing to do with the danger involved in the sport. The thrust of the suit is whether the pension plan acted in bad faith in classifying his injury as it did in order to avoid having to pay the maximum benefits. Assumption of risk plays no role here.
 

seahawks4ever

New member
Apr 24, 2009
5,362
0
Washington State
Zeeck said:
AUTaxMan said:
seahawks4ever said:
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.

You took the words out of my mouth. Football is dangerous. This one won't get past summary judgment.

Has nothing to do with the danger involved in the sport. The thrust of the suit is whether the pension plan acted in bad faith in classifying his injury as it did in order to avoid having to pay the maximum benefits. Assumption of risk plays no role here.


I should know better than to chime in on a legal thing when there is a lawyer lurking around the corner :lol:

However...why did he wait until now to file the suit? Also, if he could work, but couldn't stand, couldn't he get a desk job? I'm assuming he has a college degree... and if he doesn't have a working degree, isn't 110K/year enough to go to community college?
 

Brad

Active member
Aug 23, 2008
9,891
14
seahawks4ever said:
Zeeck said:
AUTaxMan said:
seahawks4ever said:
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.

You took the words out of my mouth. Football is dangerous. This one won't get past summary judgment.

Has nothing to do with the danger involved in the sport. The thrust of the suit is whether the pension plan acted in bad faith in classifying his injury as it did in order to avoid having to pay the maximum benefits. Assumption of risk plays no role here.

I should know better than to chime in on a legal thing when there is a lawyer lurking around the corner :lol:

However...why did he wait until now to file the suit? Also, if he could work, but couldn't stand, couldn't he get a desk job? I'm assuming he has a college degree... and if he doesn't have a working degree, isn't 110K/year enough to go to community college?

I thought about that, but if he has a debilitating condition, that affects quality of life and will have medical bills add up. Granted I think they should have some sort of medical coverage, but the "extra" money has to go towards that, I would assume.

In theory, if you could not comfortably stand for a decent time for the rest of your life, how much would that be worth to you?
 

morgoth

New member
Jul 2, 2010
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The NFL for decades has denied that playing football is the cause for alot of mental and phyiscal issues suffered by players. Their policy of ignorance has been challenged by older players in the last 10 to 15 years. Al Toon is one I can think of that is basically disabled due to repeated head injuries.

Mike Webster was the NFL's most shameful display of callousness as he basically had early Alzheimers/dementia caused by repeated brain injuries that didn't allow him to be able to make rational decisions that ended up costing him his marriage and money and he ended up living in his truck under a bridge before dying at a very early age. His son gave a very emotional testimony about this during a hearing about NFL's pension plan to vets.

THe previous NFL spokes doctor denied that there was enough data to conclude that head injuries were causing these early stage alzheimers and mental issues. This caused an outrage in the medical community and he was ridiculed by most people who have studied this for the last 20 years. The NFL fired him and replaced him with a new doctor and institued their own studies that did find "shocking" that concussions can cause problems later in life,

Once the NFL disclosed their findings and started changing the way the game was played it basically was admission that it was the culprit for alot of players later in life issues. So now any NFL player who had their penision benifits denied or reduced due to the NFL's previous stance on head injuries can now go back and seek resolution.

There are tons of bitter NFL vets who are willing to go the mile with this one. I wouldn't doubt that the NFL is starting to stockpile money in case there is a class action or ruling that they have to pay restituion to all the widows out there who's husbands died at an very early age due to repeated head trumas.

The main issue is this, all employers are required to protect their employees from workplace dangers to the best of their abilities. By not doing anything for the last 20 to 30 years and all of the sudden changing how the game is officiated and now played it is a big red flag saying that this was something they should have done alot earlier and it may have prevent Shelton's injuries.
 

AUTaxMan

Active member
Nov 25, 2009
2,394
0
Mobile, AL
Zeeck said:
AUTaxMan said:
seahawks4ever said:
goldenegg1 said:
I seriously doubt he wins this.
Common sense would tell him there was a possibilty of being injured whether it be helmet to helmet or otherwise. It would be like a NASCAR driver suing because he injured himself while racing. It is nothing more than trying to get a handout from the NFL.

Has Eric Shelton heard about 'assumption of risk?' When you go out on the field, everyone knows you have a chance at getting seriously hurt.

You took the words out of my mouth. Football is dangerous. This one won't get past summary judgment.

Has nothing to do with the danger involved in the sport. The thrust of the suit is whether the pension plan acted in bad faith in classifying his injury as it did in order to avoid having to pay the maximum benefits. Assumption of risk plays no role here.

Thanks. I assumed it was a straight-up PI claim. Didn't read the article.
 

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