Bernie Parrish Joins the NFL Concussion Lawsuits
Known as a vocal critic of the NFL and the Players’ Association over their handling of former players’ pensions and benefits, Bernie Parrish has officially joined the fight against the NFL for its alleged concealment of the risks related to concussions.
In a lawsuit filed yesterday in the Eastern District of Pennsylvania, Parrish’s complaint paints a picture of the NFL’s actions during his playing days with the Cleveland Browns. During a game in 1963, Parrish was kicked in the head by an opposing player that “rendered him unconscious.” Despite the obvious concussion, Parrish was “immediately returned to play,” according to the complaint. In addition the lawsuit alleges that Parrish “currently suffers from neurological conditions and symptoms related to multiple head traumas.”
The lawsuit asserts three counts: negligence, fraudulent concealment and negligent misrepresentation. Parrish seeks compensatory and punitive damages, and also medical monitoring due to the increased risk of “latent brain disease,” according to the complaint.
Parrish is represented by Frederick Schenk of Casey Gerry in San Diego California. Schenk was not immediately available for comment.
Parrish has a well-documented history of taking on the NFL and the Players’ Association. He is the author of the best selling and controversial book “They Call it a Game.” He also published a similar tell-all book, Delay & Deny that chronicles the NFL’s alleged concealment about the risk of concussions.
Parrish appears to be a strong voice for the former players in the current concussion litigation, as he took part in a Congressional hearing before the Judiciary Committee in January 2010. In his comments, Parrish hammers the NFL and the Players’ Association for dragging their feet on the concussion issue, analogizing the Mild Traumatic Brain Injury Committee to the Tobacco Industries’ self-funded junk science and cover-ups. Parrish also nails the Bert Bell/Pete Rozelle Retirement Board for alleged corruption and arbitrary denials of former players’ request for disability coverage related to brain injuries. And, in a twist of irony, Parrish calls out one of the members of the Board, Dave Duerson, as “a former NFL player and bankrupt business man crony of the late Gene Upshaw,” according to the Congressional transcript.
Coincidentally, Duerson’s family brought a wrongful death lawsuit against the NFL in February, alleging that Duerson’s brain damage and later suicide was caused from the NFL’s concealment about concussions.
Parrish is also very familiar with litigation, as he was a former named plaintiff in a class action against the NFLPA over unpaid royalties from the use of retirees’ names and likeness. The lawsuit, Adderley v. NFLPA, was eventually settled for $26.5 million.
Parrish’s lawsuit is the 56th concussion lawsuit against the NFL, and there are more than 1,060 players involved, with more expected in the following weeks.
The case is Bernard Parrish v. National Football League, Case No. 2-12-cv-01700, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
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