Terry Ott: Canadian Concussion Law Suit Begins Its Slow Crawl To Resolution

In July this blog broke the news that Canada was facing its first law suit based on concussions in their professional football league.  Since that time there has been plenty of information, misinformation and general commentary about this issue in Canada.  The fact remains that this is a long way from getting settled, if you remember correctly the concussion issue in America took over a year to get “settled” and even now it is not completely final/finished.  Although there has been coverage in Canada (which has limited this blogs need to post/present about it) Terry Ott continues to beat the trail and get information to  present in his unique way.  With that backdrop I give you Mr. Ott’s latest filing…
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DEE-FENCE!
“Absence Of CTE” Doctor Files Defense in CFL Arland Bruce Concussion Lawsuit, But Claims to be “Outside The Knowledge Of” On Many Relevant Concussion Issues
HAMILTON
September 23, 2014

Just as it was a long way to Tipperary, it is surely a long way to go before the Arland Bruce III concussion lawsuit against the CFL, its member clubs, CFL Alumni director Leo Ezerins and Dr. Charles Tator and Krembil Neurosciences Center (KNC) ever comes close to a courtroom, or even any kind of resolution.

However, the legal equivalent of a punt has begun, and court documents obtained for this story provide for a very interesting if limited insight as to what can be expected in this first of its kind case in Canada.

On Sept. 10, the Vancouver BC firm of Harper Grey LLP, and attorney Nigel Trevethan filed a defense on behalf of Dr. Charles Tator,  denying or described as “outside the knowledge of the defendant” all but three parts of Bruce’s claim, only excepting that:  1. Tator is affiliated with Krimbil, 2. the KNC is based in Toronto,Ont. and 3. that Dr. Tator is the director of the Canadian Sports Concussion Project; these are the only facts that “are admitted” in Bruce’s 47 page statement of claim.

And while much of the above is pro-forma legal to-and-fro tiddlywinks, some of the “denied” and “outside the knowledge of the defendant” defenses as described in the Tator response to the civil claim are, ah, questionable to this reporter. (See attachments provided below.)

For instance, according to the filed document of defense Dr. Tator denies that he knew or should have known that:  Continue reading
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Terry Ott: Former Canadian Football League Star Terry Metcalf To Sue League

Metcalf.Terry3
Terry Ott has filed this report to The Concussion Blog, again this is his journalism, we offer up the space for him to publish.  If you want to post here feel free to contact us.
 
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Will Claim Debilitating Injury From Multiple Concussions and “Neglectful” Treatment
 
 
HAMILTON,ONT.
August 14, 2014
 
Running back Terry Metcalf  was an NFL 3rd round draft pick in 1974 and played 5 seasons for the St. Louis Cardinals before coming north and signing amidst much hoopla with the Toronto Argonauts in 1978.
 
From 1978 to 1980, Metcalf gained nearly 3300 all purpose yards with the Argos, including 1900 yards rushing and was the subject of much media attention, if not winning seasons.
 
Metcalf retired from football in 1981 and is now suffering from what he says are major health deficits as the result of multiple concussions suffered while he was playing for the Argonauts.

Mr. Metcalf, who now resides in Seattle said in an interview that the last concussion he received was in a 1980 Toronto home game and “was a pretty good shot.”

“I don’t remember finishing the game,” said Metcalf, adding that he categorized his concussion treatment at the time as “neglectful, nothing, really.”

Now Metcalf, who teaches kindergarten, complains of chronic ringing in his ears, memory issues, and says he has a “50% loss of feeling in (his) right hand.” Mr. Metcalf said his symptoms had been noted when he had been examined by doctors in 2011 for the NFLPA class action suit against the NFL for concussion related injury.

Mr. Metcalf has retained a Canadian lawyer and is intending through counsel to file suit against the CFL for concussion injury.

Metcalf, 63, also complains about his mood saying that he had been “quite depressed in his life” and that he was lately “grumpier, and you can ask my wife about that.”

Perhaps just as troubling is the fact that of the three CFL players who have come forward in the last year complaining about multiple concussion injury-Phil Colwell, Eric Allen and now Terry Metcalf-all three played for the same Toronto team between 1972 and 1980 and all three former players claim deficient or even non-existent concussion medical care.

And in previous interviews, all three former Argo players in question who claim to have suffered concussions while playing for Toronto had, according to a source, been treated by the same group of medical and training personnel at the time of injury, and afterwards.

Those familiar with a 2013 story on the Concussion Blog on former Argo Phil Colwell who was knocked unconscious in a 1981 game, will recall that he claimed the only medical advice given to him at the time was to not go to sleep the night of the injury, and was in fact allowed to drive himself (70 miles) home after the game.

Colwell, who is also suing the CFL, said that he returned to play one week after his 1981 KO hit and further said that “at the time, if I had gone on the injury list for a concussion, I would have been cut.”

And Colwell, who nearly became homeless earlier this year pulls no punches when it comes to his current situation: “The CFL stole my brain, ” he said, “maybe I’ll get it back (but) I want memories, not money.”


Also in a previous Concussion Blog story, former Argonaut Eric “The Flea” Allen described his treatment after concussion by the Argo medical and training staff in question as “I don’t think (they) looked at me.”

Mr. Allen, 65, who is also in the process of suing the CFL is now no longer able to walk and is for the most part bedridden with severe vertigo.


And while there would seem to be a common thread with the three former Argo players claiming to have had similar experiences with the Argo staff after suffering concussion injury, a source speaking on condition of anonymity said that there are many more former players from different CFL teams who had the same basic after concussion injury treatment and many of them would be coming forward in the future.

Continue reading

Terry Ott — E”TF”A: Now 1 of 7 and Counting

Eric "the Flea" Allen Toronto Argonaults 1972. Photo Ted GrantThe information being brought to The Concussion Blog has been astounding, newsworthy, controversial (to some) and welcome.  We are not paying anyone for their guest posts, rather providing a platform for the information.  The inbox is always open for such things – with me as executive editor.  Just because something is posted here does not mean that I or we generally agree or endorse unless otherwise stated.  I have reached out to many people on the other side of this current CFL issue to open my pages to them and have yet to get a post from them.  Honestly, I don’t know that much about the CFL and its players – Doug Flutie being the only one I remember that well.  I truly appreciate the feedback on this continuing saga, but remember this is one journalist, Terry Ott’s, work.  It is here because he cannot find anyone to publish his information in Canada.  I feel this information is important to share.  What follows is Terry’s most recent filing.

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1970s ERA CFL STAR ERIC “The Flea” ALLEN WILL REPORTEDLY SUE CFL FOR ALLEGED MANY HEALTH PROBLEMS AS A RESULT OF PLAY

Former Toronto Argonaut Player Dealing With “Serious” And Debilitating Concussion Related Issues

Hamilton, Ontario — July 30, 2104

Eric “The Flea” Allen starred with the Toronto Argonauts between 1973-1975, and as noted previously here in Sneer and Loafing, is suffering the effects of what is alleged to be serious brain damage caused by multiple concussions while he was playing for the Toronto team, which at the time, was the highest profile and richest franchise in the league.

Allen, 65, is currently being cared for by his elderly mother in the family home in Rock Hill, South Carolina, along with some help from family and home care workers.

In an interview, Allen’s mother Rebecca Young, 84, said that Eric’s condition had declined precipitously in the last 6 weeks to the point that her son “can hardly walk now,” even with the aid of a walker, and spends most of the day in bed suffering from vertigo and has recently developed bouts of incontinence as well as suffering from worsening memory and mood issues.

Mrs. Young said that she had recently been visited by Canadian lawyer Robyn Wishart who Mrs. Young said will be representing Mr. Allen in a legal action against the Canadian Football League, allegedly for concussion injuries Allen says he suffered while playing in the league for the Toronto Argos for the three seasons in question.

“She said she was going to do her best to get (us) some help,” said Mrs.Young, of lawyer Wishart. “I hope it’s soon…I’m so tired,” added Mrs. Young, who as the principal caregiver for her debilitated son has a multiple hour drive to take Mr. Allen for treatment at the Medical University of South Carolina.

Ms. Wishart was traveling and did not return telephone calls for comment about Allen’s condition.

Two weeks ago, Arland Bruce, also represented by attorney Wishart, was the first 21st century former CFL player to file suit against the CFL member teams and others for concussion injury. Mr. Allen now marks the first from another era to follow a similar path although legal sources expect any lawsuit alleging head injury prior to any officially established CFL concussion protocols to be constructed quite differently than the Bruce pleadings, possibly along the lines of the now settled NFLPA 1 billion dollar suit against the NFL.

Furthermore, according to a source speaking on condition of anonymity, there are now at least a total of 7 former CFL players, some who played over 50 years ago, currently, or intending to, bring suit against the league for concussion injury.

The Arland Bruce III lawsuit story was national news in Canada for several days after it first broke on this Blog July 16, albeit with some of  the coverage taking on a near inquisition tone regarding Mr. Bruce’s motivations and alleged recent actions.

And unfortunately, your correspondent has been hearing about rumblings/grumblings supposedly originating from within The Great White North sports media community that somehow I have embellished, made up, or even peddled “lies” in my episodic and breaking reporting of the emerging concussion crisis in the CFL during the last 9 months.

In case you still don’t get it boys: this is not about me, but rather the wounded former players and common human decency. The players are making nothing up. Mull that scenario over for a while my suspicious, duplicitous friends.

This latest report on Mr. Allen’s troubles and intentions will hopefully give those uninformed and wrong side of history naysayers some pause before they raise questions about Mr. Allen and his family’s motivations and needs, as well as way, way down the line, mine.

Terry Ott: Personal Observations in the Wake of Suit

Terry Ott files a follow-up regarding the law suit in Canada and Arland Bruce.  This is his commentary on the coverage of the issue; all information, illustrations, pictures and links are his.

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DOES CANADA’S TSN, THE HOST CFL BROADCASTER, APPEAR TO BE “CIRCLING THE WAGONS” OVER ARLAND BRUCE III CONCUSSION LAWSUIT AND SUBSEQUENT NATIONAL HOOPLA AND HOOTIN’ AND HOLLERING, OR IS IT JUST A CASE OF, AND NOW, FOR SOMETHING (REALLY) COMPLETELY DIFFERENT?

“It is difficult to get a man to understand something when his salary depends on him not understanding it.” — Upton Sinclair, author of The Jungle

The irony of the American-based Concussion Blog breaking one of the biggest stories about the Canadian Football League in recent memory when it exclusively revealed the first concussion lawsuit in CFL history, is certainly very rich.

Prior to D-Day, July 16, 2014, much of the Canadian sports media didn’t know too much about concussions, and, well, seemingly, they didn’t wanna know too much. Or, as they also mused in the movie Casino, “ah,why take a chance?”

And of course there is that lovely old Buddhist proverb of “see no evil, hear no evil, speak no evil.” Maybe that’s what most of the big time scribblers and jolly jock-sniffers were up to up here prior to the Bruce legal revelation but since most would not even talk to me, how would I really know?

However, after Andrew Bucholtz of the Yahoo! Canada 55 Yard Line CFL Blog gave the story of the Bruce lawsuit nation-wide coverage mere hours after it first appeared here, the story became a talking point throughout Canada for days as well as shaking the previously comfortably cocooned CFL , who may have been alerted to the Concussion Blog post by a trusty and observant friendly just shortly after it went live from Chicago at 12:32 EDT, on July 16.  Continue reading

Filed Claim: Arland Bruce III v. CFL Entities

Bruce

The Filed Claim in its entirety can be found HERE.

You will notice the very wide scope and various Defendants.  Certainly it will have to go through the process up in Canada however, it will definitely get some attention:

Like this from The Toronto Sun.

Or this from Twitter:

I would also like to add the follow video of the Commissioner;

Make of this what you will…

Exclusive: First Law Suit Filed in Canada Over Concussions

Terry Ott has filed this BREAKING NEWS in regards to Canadian Football and the Concussion Issue.  We here at The Concussion Blog are pleased to bring this information to you…  You can find the FILED CLAIM HERE.

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FORMER CANADIAN FOOTBALL LEAGUE PLAYER SUES LEAGUE MEMBER TEAMS FOR CONCUSSION RELATED INJURY

Lawsuit on Behalf of Star Arland Bruce III Alleges “Fraudulent Concealment” and “Negligent Misrepresentation” By 9 CFL TeamsLeague Commissioner, CFL Alumni Association and Others

Contrary to (popular) opinion, the sports press likes to fling incense, be part of the show, create stars, and to that end prints and televises a fraction of what it knows.” –Mark Kram, formerly of Sports Illustrated 

July 16, 2014
Hamilton, Ontario

The first lawsuit brought against the CFL member teams and others for concussion injury has been filed in Vancouver, British Columbia in the Supreme Court on behalf of Arland Bruce  III, a veteran of 12 seasons as a speedy wide receiver who last played for the Montreal Alouettes in 2013 and also starred on two different Grey Cup winning teams as well as spending the 2003 season with the San Fransisco 49rs.

Bruce, noted in the claim as an “unemployed football player,” is the holder of the record for most receptions in a CFL game (16) and is a three-time CFL All Star.

The claim, so far for unspecified monetary damages, asks for general damages, special damages, general and special damages “in trust” for the care and services provided by his family, and punitive and aggravated damages.

In the claim filed by the Vancouver law firm of  Slater Vecchio LLP and lawyer Robyn L. Wishart, it is alleged that Bruce suffered a concussion and was knocked unconscious in a game played in Regina, Saskatchewan on September 29, 2012 between the BC Lions — Bruce’s team at the time — and the Saskatchewan Roughriders.

Bruce subsequently returned to play for the Lions in a playoff game on November 18, 2012 and it is alleged that he was still suffering from his previous concussion and it is also alleged he suffered additional concussive and sub-concussive hits during the  Nov. 18 game.

From a copy of the claim, not proven in a court of law, it alleges in part:

  1.  The plaintiff reported concussion signs and symptoms to the BC Lions medical personnel and coaching staff including but not limited to the following:
    1. fogginess;
    2. headaches;
    3. sensitivity to light;
    4. sensitivity to sound;
    5. memory loss;
    6. confusion;
    7. dizziness;
    8. anxiety; and
    9. personality changes.

After the 2012 season, Bruce left the BC Lions and was signed for the 2013 season by the Montreal Alouettes.

Also from the claim: “Further, despite the fact that the plaintiff was displaying the ongoing effects of concussion to medical professionals  and coaching staff, he was permitted to return to play in the 2013 season for Montreal.”

In a 2011 Yahoo! Canada  Sports 55 Yard Line  article by Andrew Bucholtz,  and so noted in the claim, commissioner Mark Cohon said “I am convinced that every concussion is being reported and dealt with. I trust our  doctors. I trust our therapists. I trust our teams to report that.”

And in the 2011 Canadian Football League  concussion “Campaign” directive to the CFL clubs from Cohon advised to “err on the side of extreme caution” when dealing with suspected concussion injury.

Those familiar with my series “3rd Down, CTE To Go,” for the Concussion Blog in 2013 will recall former CFL player Leo Ezerins, now communications director for the Canadian Football League Alumni Association, and Dr. Charles Tator, of the University of Toronto, Krembil Neuroscience Centre, and the Canadian Sports Concussion Project. 

Both Tator and Ezerins believed there were “more questions than answers” between concussion and brain trauma and that “extreme caution” be used in any subsequent diagnosis of CTE.

Accordingly, Ezerins and Tator are named as defendants in the lawsuit and perhaps the most revelatory allegations — again not proven in a court of law — made in the claim are that Bruce continued to play CFL football after suffering concussion  and sub-concussive injuries because:  Continue reading