Brain Injury Attorney Commenting on NLL Lawsuits Charges NFL and Its Insurers with Conspiracy

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Michael V. Kaplen, an experienced head injury lawyer,in commenting on recent litigation between the NFL and its insurers says it is a conspiracy for denying injured players access to justice.

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The sad truth is that insurers, teams, and school districts will all use these rising costs as an excuse to seek limitations on liability and hold school sports programs hostage.

Noted New York brain injury attorney Michael V. Kaplen, in responding to a recent story in the New York Times, Concussion Liability Costs May Rise, and Not Just for NFL (NYT, 12/11/12), charged the League and its insurers with an insidious conspiracy to deny injured players access to justice. The master complaint in the player's lawsuit against the league is, In Re National Football League Player's Injury Litigation, Court no. 2:12-md-02323-AB, US District Court, Eastern District of Pennsylvannia.

According to Kaplen, an attorney with national expertise in brain injury litigation, “The sad truth is that insurers, teams, and school districts will all use these rising costs as an excuse to seek limitations on liability and hold school sports programs hostage. Those who cause injuries to innocent victims and insurers always cry foul when the day of reckoning approaches.”

Kaplen, a past chair of the American Association for Justice’s Traumatic Brain Injury Litigation Group, responds to pleas by the NFL and its insurers: “Player safety either in the NFL or in school districts can never be held hostage by this sort of argument. This is an insidious conspiracy to do away with these cases and obtain legislative immunity to purportedly ‘save’ school districts from a ‘flood of litigation.’ I’ve seen no one drown when the ‘floodgates of litigation’ are opened. This is typical rhetoric used to avoid legal liability.”

The New York based brain injury law firm of De Caro & Kaplen, LLP believes that all players deserve safety and full access to the courthouse to protect their rights when teams, school districts, and the League ignore their legal obligations.

In analyzing arguments made by the League’s insurance carriers, Kaplen said, “It is also a calculated business decision by insurance carriers to fashion an exit strategy in order to avoid paying out on legitimate claims. Now, in light of these burgeoning lawsuits, they might have to pay out on insurance claims that have never been made before, although they have been collecting premiums for years. In practice, this is similar to homeowner’s insurance companies that are trying to limit their Hurricane Sandy exposure.”

For further information on brain injury and brain injury litigation, Kaplen recommends readers peruse the brain injury news and information he publishes on his blog, located at http://www.BrainInjury.Blogs.com. His law firm’s web site can be viewed at http://www.BrainLaw.com.

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