A former NFL player who suffered what the league deemed a career-ending concussion has sued insurer Lloyd’s of London for denying a $1 million insurance policy for professional athletes.
The lawsuit, filed this week in North Carolina, could become a test case for insurers dealing with the emerging fallout from sports concussions and head trauma claims.
The NFL declared former Carolina Panthers defensive back Haruki Nakamura fully and permanently disabled after the August 2013 concussion he received in a preseason game, awarding him monthly benefits.
Lloyd’s medical expert ruled in 2015 that Nakamura could return to play. Its doctor thought that he was exaggerating his symptoms and that earlier concussions in college at Cincinnati contributed to his condition. Still, the doctor cautioned him to consider the “probable long-term effects of repetitive concussions” before returning to the NFL, according to the lawsuit, filed Monday in Mecklenburg County.
Nakamura, 30, said he already suffers from headaches, vision problems, fatigue, depression and suicidal thoughts.
A U.S. Lloyd’s spokeswoman, Lizzie Lowe, said the insurance consortium doesn’t comment on pending litigation.
Nakamura took a hit to the head making a tackle in a game against the Steelers, and he was diagnosed with a concussion at a hospital. Citing a concussion, the Panthers released him five days later, the lawsuit said. He was later diagnosed with post-concussion syndrome by a sports concussion expert at Pitt.
Nakamura had paid $17,000 a year for the Lloyd’s policy in 2012 and ’13, according to his lawyers, John W. Schryber and Julie L. Hammerman, who specialize in insurance policies for athletes. The lawyers said they have never had an insurer reject a policy after a doctor or the NFL judged a client to have a career-ending injury. But this is the first concussion claim they have filed under coverage for bodily injuries.
Nakamura could seek an award under the NFL’s planned $1 billion court settlement of concussion claims, though it’s unclear how he might fare. The settlement, which could roll out within the next year, is designed to cover more than 20,000 NFL retirees for the next 65 years.
JETS DE AIMS FOR WEEK 1
Muhammad Wilkerson will be ready for the regular season.
Who says? Mo says.
Fresh off signing a new multiyear contract, Wilkerson expressed confidence he will be on the field for the Jets’ season opener against Cincinnati on Sept. 11.
“I will be ready for Week 1,” the defensive end said. He is recovering from a broken right leg suffered in last season’s finale and couldn’t predict when he would be available in training camp, which begins next week.
Wilkerson’s deal is worth more than $85 million, including $37 million in guarantees through the first two years. Through three years of the deal, Wilkerson will be paid $54 million in guaranteed money.
He also believes the Jets, who finished 10-6 last season, are a playoff team if they build off that performance in their first season with Todd Bowles as coach.
WINSTON DROPS 20 POUNDS
Buccaneers’ quarterback Jameis Winston said getting in shape was his offseason goal, and his father claims that plan has been a success.
Winston’s father told ESPN his son has lost 20 pounds since the end of last season, and personal trainer Tim Grover — who has worked in the past with Michael Jordan, Kobe Bryant and Dwyane Wade — posted before-and-after photos on his Instagram account that show the 2015 No. 1 overall pick with a slimmer physique.
AROUND THE LEAGUE
The Bears signed former Panthers guard Amini Silatolu. The 6-foot-4, 320-pound Silatolu started 28 of the 34 games he appeared in over four seasons with the Panthers. … The Lions signed defensive end Quanterus Smith. Smith played in 15 games during the 2014 season for the Broncos and made 11 tackles. He was on practice squads last season with the Jets and Jaguars.
Reuters
