**OFFICAIL** Bears 2024 Regular Season News & Schleisse - FTO Preferred - No ALTS! Derailing Is Discouraged!

remydat

remydat

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dennehy said:
It says right in the report that the protocols had to be changed based on the case. The doctor was fired based on the case. The statement says nothing about tua, except what he reported as he was being examined. The lawsuit would not have to start by producing evidence of a concussion. It would be about the league's process and how it made him vulnerable.

I don't know if that would be enough to win, obviously, but I suspect if it played out like the NFL would settle rather than go through a public trial. I admit that's fully speculation.

This gives a breakdown of what a lawsuit would look like and obstacles, and also say the doc was fired by the NFLPA, not the NFL. It's about process:
sports.yahoo.com

NFL Concussion Protocol Revision Could Impact Tua’s Legal Options

In the aftermath of Tua Tagovailoa’s concussion and questionable medical treatment, the NFL and NFLPA revised their concussion protocol, a move that could have legal ramifications should the Miami Dolphins’ quarterback contemplate a lawsuit. Last Saturday, the league and union issued a joint...
sports.yahoo.com sports.yahoo.com
Click to expand...

It also says right in the report Tua reported no symptoms associated with a concussion. What changed in the protocol was adding ataxia to the list of no go symptoms but that doesn't change the fact that Tua can't prove harm from the protocol if he can't prove he actually had a concussion.

You can't win a lawsuit by merely claiming a process was flawed. You have to prove it was flawed in a negligent way and that it resulted in harm. But if the NFLPA, NFL and Tua all agreed at the time there was no concussion then there is no proof the protocols caused harm to Tua.

Most businesses would go bankrupt if you could just sue them for bad controls or protocols without having to actually prove harm resulted.

Civil Cases

The Process To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has...
www.uscourts.gov www.uscourts.gov
 
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pdxbearsfan

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Hawkeye. said:
I respect your opinion on this stuff because I think you're much more in touch with college than most and like reading your opinions on draft prospects. Admittedly, I did not have a ton of time to pay attention to college this year. From the games I did see, I just came away very unimpressed with Quentin. He is that big body WR like you describe and 100% agree it would be like a cloned Claypool. I saw a lot of body catching and not attacking with his hands. I disagree that he's the #1 WR in this draft. Call me crazy, but when I watched Quentin I couldn't help but think of Kelvin Benjamin for some reason (how's that for a blast from the past). Now, Kelvin had some weight issues and maybe injuries? Had a couple productive seasons and fell off the map. I just don't think he's the WR the Bears need right now like you mentioned.

Bears needs a tactician with a solid route tree. A possession WR who can move the chains and be a go to over the middle. Let Mooney and Claypool stretch the field. I really like JSN - and personally believe, despite all the risks involved with him, he has the best ability to be a WR1 out of this class. If the Bears can find a way to land him I would be ecstatic (until training camp, when he has a hamstring issue lol). I don't know much about Flowers or Rice, but I'll take your word on them.
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JSN all the way, guy can't be covered or stopped.
 
remydat

remydat

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dennehy said:
Quentin Johnson reminds me of Devante Parker.

A solid big WR who won't live up to a high selection. More like a second rounder. Good linear athlete, huge catch radius, will struggle a little with press coverage and releases, not gonna get tons of separation.
Click to expand...

That is a good comp. Not sure he really has the skill set to become a true number 1.
 
dennehy

dennehy

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remydat said:
It also says right in the report Tua reported no symptoms associated with a concussion. What changed in the protocol was adding ataxia to the list of no go symptoms but that doesn't change the fact that Tua can't prove harm from the protocol if he can't prove he actually had a concussion.

You can't win a lawsuit by merely claiming a process was flawed. You have to prove it was flawed in a negligent way and that it resulted in harm. But if the NFLPA, NFL and Tua all agreed at the time there was no concussion then there is no proof the protocols caused harm to Tua.

Most businesses would go bankrupt if you could just sue them for bad controls or protocols without having to actually prove harm resulted.

Civil Cases

The Process To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has...
www.uscourts.gov www.uscourts.gov
Click to expand...
I think he could prove that harm resulted though - and Tua can't prove he had a concussion, but what he can prove is that he had symptoms that league decided a week later were symptoms of a concussion. The league's decision to make those symptoms "No go" seems like proof of that.

The follow up concussion he received on the Thursday night game seems like pretty good proof that harm resulted. That's what led to the firing and change of process, iirc.
 
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