League of Denial

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League of Denial Page 43

by Mark Fainaru-Wada


  19 Legal pads and notebooks: Nearly every person close to Webster who was interviewed provided copies of personal correspondence.

  20 Fingers were so mangled: Interviews with Garrett Webster and Jani, 2012.

  21 Fitzsimmons cleared out a storage room: Interviews with Garrett Webster, Fitzsimmons, and Jani, 2012.

  22 His bitterness was palpable: Letters provided by Fitzsimmons.

  23 Threatened to become the first player to quit the Hall: Interviews with Colin Webster, Garrett Webster, and Jani, 2012.

  24 Super Bowl rings into yet another money-raising scheme: Jani interview, 2012.

  25 Sunny called Fitzsimmons in a panic: Interviews with Garrett Webster, Jani, and Fitzsimmons, 2012.

  26 Acutely aware of what was happening to him: Kelly interview, 2012.

  27 “Mr. Webster, you’re under arrest”: Details of the arrest and the events surrounding it are from court records; interviews with Colin Webster, Garrett Webster, Jani, Vodvarka, and Fitzsimmons; and “Ex-Steeler Webster Faces Forged Prescription Charge,” Pittsburgh Post-Gazette, Feb. 26, 1999.

  28 Drug use was out of control: Vodvarka interview, 2012.

  29 Helped get him out of the charges: Fitzsimmons interview, 2012; court records.

  30 Cut Webster off: Vodvarka interview, 2012.

  31 Fitzsimmons scrambled together a press conference: Details of the run-up to the press conference and the event are from interviews with Colin Webster, Fitzsimmons, Vodvarka, and Jani, 2012; and “Hall of Fame Center Says He Has Brain Injury from Football,” Associated Press, March 10, 1999.

  32 Jail might be the best option: Vodvarka interview, 2012.

  33 A mini-debate: “Opinions of Webster’s Ailments and Treatment Vary,” Pittsburgh Post-Gazette, March 15, 1999.

  34 Four doctors weren’t enough: Court documents and Webster’s disability case records.

  35 Their paranoia: Jani interview, 2012.

  36 The NFL’s handpicked neurologist: Details of the meeting are derived from 2012 interviews with Dr. Edward Westbrook and Jani as well as Webster’s disability case records.

  37 Edward Westbrook was not in denial: Westbrook interview, 2012.

  38 The retirement board granted: Webster’s disability case records.

  39 Thousands of former players were suing: NFL​Concussion​Litigation.​com.

  40 “Proverbial smoking gun”: Fitzsimmons interview, 2012.

  41 A hollow victory: Webster’s disability case records.

  42 He couldn’t get over the injustice: Vodvarka interview, 2012, and 1999 letter.

  43 No alternative except to sue: Fitzsimmons interview, 2012.

  44 IRS garnished most of the payments: Court documents and Webster disability case records.

  45 Pissing into [oven]: Colin Webster interview, 2012.

  46 Like high school buddies: Garrett Webster and Jani interviews, 2012.

  47 His incoherent letters: Provided by Bob Fitzsimmons.

  48 The two men had once been close: Stage interview, 2012.

  49 Chest pains and trouble breathing: Details of the Webster’s death are from interviews with Garrett Webster, Jani, Fitzsimmons, and Vodvarka, 2012.

  50 The Steelers paid for the funeral: Interviews with Jani and Gordon, 2012.

  51 Who’s Who of Steelers greats: “200 Offer Final Tribute to Steelers’ Webster,” Pittsburgh Post-Gazette, Sept. 28, 2002.

  52 He watched with disgust: Colin Webster interview, 2012.

  53 Why just Mike?: Pam Webster interview, 2012.

  54 Phone rang at Bob Fitzsimmons’s office: Interviews with Bennet Omalu and Fitzsimmons, 2012.

  CHAPTER 6

  1 “The flippancy”: Steve Young interview, 2013.

  2 The great-great-great-grandson: Adam Lazarus, Best of Rivals, p. 37.

  3 The Brett Favre part: Young interview, 2013.

  4 Young was merely frustrated: Young interview, 2013.

  5 Hid behind offensive linemen: Leigh Steinberg interview, 2013.

  6 “A pinata”: “Swarm Puts Hurt on Young,” San Francisco Chronicle, Sept. 20, 1999.

  7 “It’s basically got to stop”: “Offensive Line Feels the Heat,” San Francisco Chronicle, Sept. 20, 1999.

  8 Invited her family: Young interview.

  9 “The emperor”: “Young Should Quit While He Still Can,” Hartford Courant, Oct. 17, 1999.

  10 Still too dangerous: Associated Press, Oct. 14, 1999.

  11 “Risk factor”: “Young Could Play, but Says He Won’t,” Los Angeles Times, June 13, 2000.

  12 More steeped in Steelers lore: Kevin Guskiewicz interview, 2012.

  13 The data had suggested to him: Julian Bailes interview, 2012.

  14 A 10-page survey: Health Survey of Retired NFL Players, Center for the Study of Retired Athletes, Chapel Hill, NC.

  15 The survey highlighted: “What Football Tells Us about Everyday Fitness,” Los Angeles Times, June 2, 2003.

  16 More ominous: Kevin Guskiewicz, “Recurrent Concussion and Late-Life Cognitive Impairment,” Neurosurgery, Oct. 2005.

  17 College football players: Kevin Guskiewicz, “The NCAA Concussion Study,” JAMA, 2003.

  18 Three times more likely: Kevin Guskiewicz, “Risk of Depression in Retired Professional Football Players,” Medicine & Science in Sports & Exercise, 2007.

  19 His complaint: Hoge v. Munsell, No. 98 WL 0996 (Ill. Lake County Ct, July 5, 2000).

  20 Trivial matters set him off: Merril Hoge interview, 2012.

  21 Bears’ doctor: Munsell deposition, Nov. 19, 1997.

  22 Hoge described: Hoge testimony, July 14, 2000.

  23 The crux: Munsell deposition.

  24 “Save a lot of time”: Hoge testimony.

  25 The jury awarded: “Hoge Wins Lawsuit against Doctor,” Chicago Tribune, July 22, 2000.

  26 Fogel suddenly found himself: Robert Fogel interview, 2012.

  27 The letter: Letter from William J. Rogers, Munsell attorney, to Fogel, March 30, 2000.

  CHAPTER 7

  1 Pellman had called: Mark Lovell interview, 2012.

  2 Nearly half: NFL Subcommittee on Mild Traumatic Brain Injury, Status Report, Nov. 1996.

  3 Reflecting years later: Henry Feuer interview, 2013.

  4 He had not produced: PubMed, the database of biomedical literature maintained by the National Library of Medicine and the National Institutes of Health, does not list Pellman as an author of any previous concussion or brain research.

  5 Most complete professional biography: “Medical Adviser for Baseball Lists Exaggerated Credentials,” New York Times, March 30, 2005.

  6 “I don’t know who any neuropsychologists are”: “Doctor Yes,” ESPN The Magazine, Oct. 28, 2006.

  7 Barr was struck: William Barr interview, 2012.

  8 “Occupational risk”: “The Worst Case,” Sports Illustrated, Dec. 19, 1994.

  9 The same year: “Injuries in NFL to Big-Name Players Heighten Awareness,” Times-Picayune (New Orleans, LA), Nov. 14, 1999.

  10 During a 1999 playoff game: Kyle Brady interview with John Barr, 2013.

  11 Liked Pellman immensely: Kevin Mawae interview with John Barr, 2013.

  12 “Red Brick Broadway”: Kevin Mawae interview with John Barr, 2013.

  13 “Comical”: Kevin Guskiewicz interview, 2012.

  14 Pellman offered one explanation: “Background on the National Football League’s Research on Concussion in Professional Football,” Neurosurgery, Oct. 2003.

  15 “That’s my understanding”: Mark Lovell interview, 2012.

  16 In a statement to ESPN: Paul Tagliabue e-mail to ESPN, Aug. 13, 2013.

  17 NFL definition of a concussion: MTBI Status Report.

  18 “Willing test subjects”: Chris Withnall, confidential memo to Riddell Inc., “A New Performance Index for Mild Traumatic Brain Injury (MTBI),” Nov. 15, 2000.

  19 Lovell thought he’d probably be ousted: Lovell interview, 2012.

  20 $12,000 in seed money: MTBI Status Report.r />
  21 “Strongly recommend”: Memorandum, Paul Tagliabue, June 10, 1998.

  22 Mitchell’s responsibilities: Dorothy Mitchell biography, Brune & Richard LLP.

  23 “Worked tirelessly”: “Concussion in Professional Football,” Neurosurgery, Oct. 2003.

  24 Expert witness: Details of the aborted McShane project and the dispute over his testimony are from John McShane interview, 2013, and documents forwarded to Munsell’s attorneys by the NFL. Court transcripts indicate Hoge’s attorney was unaware that Mitchell, as head of the NFL’s counsel for policy and litigation, provided the documents. “Frankly, I don’t know how they obtained these records,” Hoge’s attorney, Robert Fogel, told the court.

  25 A number of early NFL concussion projects: MTBI Status Report.

  26 Wearing their hair long: Beau Riffenburgh, “History of Pro Football Equipment,” Official NFL Encyclopedia.

  27 “Head harnesses”: John J. Miller, The Big Scrum, p. 180.

  28 A Chicago company: Riddell Sports Inc., company history.

  29 “The Humper”: For the definitive story of Hardy Brown, see Jim Dent, Twelve Mighty Orphans: The Inspiring True Story of the Mighty Mites Who Ruled Texas Football. Brown learned to play football in a Fort Worth orphanage after witnessing his bootlegger father murdered with a shotgun. “You see these westerns with guys who have niches [sic] on their belt for the guys they killed? Hardy Brown had niches in his belt for all the jockstraps he got,” Rams quarterback Norm Van Brocklin told NFL Films.

  30 “Elliot waltzing”: Bob Cantu interview, 2012.

  31 “A fantasy”: Mark Lovell interview, 2012.

  32 “Incredible stuff”: “Troy Vincent: Another Case Study in Concussions,” Philadelphia Daily News, Dec. 24, 1999.

  33 The committee examined: Elliot J. Pellman et al., “Concussion in Professional Football,” Neurosurgery, Oct. 2003.

  34 Apuzzo: Apuzzo’s biography is available at keck​medical​centerofusc.​org/​doctor/​bio/​view/​72257.

  35 Clearly was thrilled: “USC Neurosurgeon Is a Giant on the Field and Off,” USC News, Feb. 9, 2001.

  36 “Really enjoyed the association”: Cantu interview, 2012.

  37 “King of Concussions”: During a conference on CTE in the fall of 2012 at the Cleveland Clinic’s Lou Ruvo Center for Brain Health in Las Vegas, a researcher introducing Cantu said: “He truly is the king of concussions, and it’s really a pleasure to invite him up to the podium.”

  38 Cantu had grown up: Bob Cantu interview, 2012.

  39 “Recommendations from rat data?”: Linda Carroll and David Rosner, The Concussion Crisis, p. 250 (electronic).

  40 A bland guest editorial: Paul Tagliabue, “Tackling Concussions in Sports,” Neurosurgery, Oct. 2003.

  41 More effusive and colorful: Michael L. J. Apuzzo, “Galen 2003: Critical Analysis of Brain Injury in Sport,” Neurosurgery, Oct. 2003.

  42 Another study: Elliot J. Pellman et al., “Concussion in Professional Football, Part 2,” Neurosurgery, Dec. 2003.

  43 The reaction was positive: Neurosurgery, Dec. 2003 (comments).

  44 NFL Paper Number 3: Elliot J. Pellman et al., “Concussion in Professional Football, Part 3,” Neurosurgery, Jan. 2004.

  45 Response … was guarded: Neurosurgery, Jan. 2004 (comments).

  46 Yet another NFL study: Elliot J. Pellman et al., “Concussion in Professional Football, Part 4,” Neurosurgery, Oct. 2004.

  47 They were rejecting: Julian Bailes and Kevin Guskiewicz interviews, 2012.

  48 Cantu … had misgivings: Cantu interview, 2012.

  49 Stilted language of science: Elliot J. Pellman et al., “Concussion in Professional Football, Part 4,” Neurosurgery, Oct. 2004 (comments).

  CHAPTER 8

  1 Roughly 17,500 deaths: Details on the Allegheny County coroner’s policies and the circumstances in which the coroner took Webster’s body into custody are from Chief Deputy Medical Examiner Joe Dominick interview, 2012.

  2 Who happened to be working that day: Omalu interview, 2012; Omalu’s CV.

  3 Unlikely character: This section is from several interviews with Bennet Omalu, 2012; interviews with Fr. Carmen D’Amico, Julian Bailes, Cyril Wecht, and Bob Fitzsimmons; and Bennet Omalu, Play Hard, Die Young: Football Dementia, Depression, and Death.

  4 At the coroner’s office: Omalu interview, 2012.

  5 Cyril Wecht, a Pittsburgh legend: Wecht interview, 2012; www.​cyrilwecht.​com; “Cyril H. Wecht: Up Close and Personal,” Pittsburgh Post-Gazette Magazine, Oct. 24, 1999.

  6 Bennet Ifeakandu Onyemalukwube: This account of Omalu’s childhood and immigration to the United States is derived from Omalu interviews, 2012; Omalu, Play Hard, Die Young: Football Dementia, Depression, and Death; and Omalu’s CV.

  7 The conflict claimed at least 1 million lives: “Nigeria: Biafra War 30 Years On,” Associated Press, Jan. 14, 2000.

  8 “An asinine, pseudoscientific sham”: “40 Years on, Arlen Specter and Cyril Wecht Still Don’t Agree on How JFK Died,” Pittsburgh Post-Gazette, Nov. 16, 2003.

  9 A one-year fellowship: Omalu’s CV.

  10 “Bennet, you remind me of myself”: Omalu interview, 2012.

  11 “Junior Wecht”: Omalu interview, 2012.

  12 “A saying in Arabic”: Dr. Abdulrezak Shakir interview, 2012.

  13 Private medical consultations: Omalu interview, 2012.

  14 Omalu placed the 3½-pound brain: Details of how Webster’s brain was removed and prepared for study are from 2012 interviews with Ron Hamilton, Ann McKee, and Omalu; Webster autopsy report.

  15 Omalu forgot about it: Omalu interview, 2012.

  16 St. Benedict the Moor: www.​stbtmchurch.​org.

  17 Away from work: D’Amico interview, 2012.

  18 Slides of Webster’s brain: Omalu interview, 2012.

  19 The buildup of tau: This brief explanation of the tau protein, how it’s detected, and how it destroys brain cells is from 2012 interviews with Dr. Dan Perl, Omalu, Hamilton, and McKee.

  20 Omalu knew from his training: Interviews with Omalu and Hamilton, 2012.

  21 A landmark paper: Dr. Harrison Martland, “Punch Drunk,” JAMA, 1928.

  22 “Slug-nutty”: “Too Many Punches, Too Little Concern,” Sports Illustrated, April 11, 1983.

  23 A British neuropathologist: JA Corsellis et al., “The Aftermath of Boxing,” Psychological Medicine, 1973.

  24 Omalu’s working theory: Omalu interview, 2012.

  25 Omalu was ready to seek a second opinion: This account of how Omalu confirmed that Webster had CTE and assembled the research paper detailing the findings is drawn from 2012 interviews with Steve DeKosky, Omalu, and Hamilton.

  26 A representative from the NFL Hall of Fame: Steve DeKosky interview, 2012.

  27 The paper was completed: Early drafts provided by Omalu; Omalu et al., “Chronic Traumatic Encephalopathy in a National Football League Player,” Neurosurgery, July 2005.

  28 Omalu first submitted: Omalu and Hamilton e-mails.

  29 “The official journal of the NFL committee on MTBI”: Omalu e-mail to Hamilton and DeKosky.

  30 How naive they had been: Interviews with Omalu, Hamilton, and DeKosky, 2012.

  CHAPTER 9

  1 Paper Number 5: Elliot J. Pellman et al., “Concussion in Professional Football, Part 5,” Neurosurgery, Nov. 2004.

  2 A number of conclusions: Elliot J. Pellman et al., “Concussion in Professional Football, Part 5,” Neurosurgery, Nov. 2004.

  3 Confidential documents: The NFL produced the documents on Oct. 28, 2004, in response to discovery requests for “all other benefit claims for TBD (total and permanent disability) in which the Plan participant has asserted that: (1) the claim is based on mental disability, and (2) the mental disability was alleged to have resulted from repetitive trauma to the head or brain from League football activities.” The NFL listed 11 such claims (besides Webster’s) and produced incomplete case histories for several. The players’ names were blacked out. It is imp
ossible to tell from the documents the total number of players who received benefits from the NFL on the basis of claims of mental disability related to football.

  4 One was Gerry Sullivan: Sullivan’s case history shows that he was awarded benefits for both mental and orthopedic disabilities. An independent psychiatrist determined that Sullivan was totally and permanently disabled “due to cognitive impairment and behavioral disinhibition.” A neurologist brought in by the NFL disagreed. The retirement board granted benefits on the basis of the reports of the psychiatrist and an orthopedist.

  5 The appellate court: Jani v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, Fourth Circuit Court of Appeals, unpublished opinion, Dec. 13, 2006.

  6 So far as to declare: David C. Viano et al., “Concussion in Professional Football, Part 10,” Neurosurgery, Dec. 2005.

  7 “Virtually worthless”: “Study of Ex-NFL Players Ties Concussion to Depression Risk,” New York Times, May 31, 2007.

  8 Numerous studies: J. S. Delaney et al., “Concussion during the 1997 Canadian Football League Season,” Clinical Journal of Sports Medicine, 2000; J. S. Delaney et al., “Concussions among University Football and Soccer Players,” Clinical Journal of Sports Medicine, 2002.

  9 At his alma mater: Guskiewicz brought up the NFL midway through his commencement speech to emphasize the need for “perseverance, surrounding yourself with good people, and carefully making decisions.” He said: “In 2005 and 2007, I published (along with a group of 5 colleagues) two research papers that have defined my career as a neuroscientist. The findings of my research outlined in these papers appeared to be incriminating toward arguably one of the most popular and profitable industries in America—professional football, yes—the NFL. Our four-year study identified a high probability of developing later life cognitive impairment and depression once a player had sustained 3 or more concussions during their NFL career. It was the last thing the NFL wanted to hear, and the league’s own medical committee immediately began dismissing our findings and trying to hire other doctors and scientists to ‘put out the fire.’ The NFL was in damage control mode. Its committee members began pointing fingers at our research and even initiated its own study. This was ‘industry-funded research’ at its best. Members of the league’s committee even suggested that we were out to ruin the game of football. It was a difficult time for our group, because we knew our research was solid, and we refused to be intimidated and just walk away. The irony of this is that my 3 boys were playing Pop Warner Football at the time, and if I wanted to paint this ugly picture of the game—would I really allow my own children to participate in the sport? All along, we had claimed that our goal was to identify risk factors for concussion and long-term effects to help improve the game and to help preserve the sport of football.”

 

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