Dan Marino, one of the most prolific quarterbacks in history, became the biggest name of the more than 5,000 former players who have sued the NFL over concussions.  The concussion lawsuits and the NFL’s effort to prevent them with rule changes penalizing big hits to the head is the biggest and most explosive issue in the NFL. The league’s $765 million settlement of a previous lawsuit brought by 4,000 players has been put on hold as the judge has expressed concern that the financial package is not big enough.  Marino joined 14 other players last week in suing the league. The papers were filed in Philadelphia. The other players joining Marino were relatively unknown. One recognizable name is Bruce Clark, a defensive lineman from Penn State who played in the NFL from 1982-89.  Marino’s short form complaint does not contain any specific references to injuries or problems he has suffered as a result of concussions when he played for the Dolphins from 1983-99. It’s a boilerplate complaint form with Marino’s name typed in.  The complaint, first reported by the Los Angeles Times, says “the Plaintiff sustained repetitive, traumatic, sub-concussive and/or concussive head impacts during NFL games and/or practices. On information and belief, Plaintiff suffers from symptoms of brain injury causes by the repetitive traumatic, sub-concussive and/or concussive head impacts the Plaintiff sustained during NFL games and/or practices. On information and belief, the Plaintiff’s symptoms arise from injuries that are latent and developed and continue to develop over time.”  In a 1992 game in Seattle, Marino threw the winning touchdown pass in a 19-17 victory with 2:15 remaining. Earlier in the fourth quarter he suffered a concussion.  “When he came out of the game in the fourth quarter he wasn’t sure where he was,” Dolphins coach Don Shula said after the game.  With the NFL’s relatively new concussion protocol, Marino would not have been allowed to return to the game and would have needed to pass concussion tests during the week before he would be cleared to play in the next game. But in 1992, Marino went back in after Shula said he was cleared by doctors. He then won the game for Miami.  “It’s just another great effort by a great, great player,” Shula said.  The lawsuit accuses the NFL of “misrepresenting pertinent facts that players needed to be aware of to make decisions concerning their own safety with respect to return-to-play.” Marino and the other 14 players are seeking damages and medical monitoring.  “This action seeks separate relief for medical monitoring, and seeks compensation and financial recovery for the long-term/chronic injuries, financial losses, expenses and intangible losses suffered by Plaintiffs as a result of Defendant’s carelessness, negligence, intentional misconduct and concealment of information directly related to each Plaintiff’s injuries, risk of injury and losses,” the lawsuit says.  Since he retired following the 1999 season, Marino had been employed as an analyst, most recently by CBS. He was let go by CBS after the 2013 season.  The complaint alleges the NFL was not forthcoming with players with information about the dangers of concussions.  It says, “Despite its knowledge of the grave risks that players have been exposed to because of Defendant’s gross inaction and/or concealment of safety information, Defendant carelessly failed to take reasonable measures to develop appropriate and necessary steps to alert players to their risks of debilitating long-term illnesses.”
Hall of Fame quarterback Dan Marino hit the NFL with a federal lawsuit last week citing symptoms related to brain injuries sustained during Marino's distinguished career with the Miami Dolphins.