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NFLPA to file grievance over Toradol waivers

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With the NFL’s past handling of concussions creating a storm of present litigation, the league is now trying to anticipate — and block — future lawsuits arising from current practices.

Specifically, the NFL is requiring players to sign comprehensive waivers of liability for the dissemination of Toradol shots.  The waivers need to be signed before team doctors will give the players the shots.

Toradol, a potent painkiller that doesn’t fall within the category of banned substances, can cause long-term kidney, liver, and/or gastrointestinal problems.  The league wants to be able to allow players to use Toradol during their playing careers, without having to worry about responsibility of any kind in the future.  The release from liability, a copy of which PFT has obtained, includes the team, the doctors, all teammates, and any employees of the team.

And so, as NFLPA executive director DeMaurice Smith said earlier today on CBS This Morning, the union will be attempting to block the practice.  Specifically, a grievance will be filed under the Collective Bargaining Agreement, claiming that the labor deal prevents the league from seeking a waiver of liability resulting from the use of Toradol.

Last month, we explained that players have objected to efforts to restrict the use of Toradol, given that it allows players to deal with serious pain and continue to work.

So while they want to use it and likewise understand the risks of using it, the players want to have the ability to pursue future claims if the player develops kidney or liver problems later in life.

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22 Responses to “NFLPA to file grievance over Toradol waivers”
  1. marthisdil says: Dec 12, 2012 11:32 AM

    easy enough – league says “ok, we won’t give toradol shots anymore then”

    league should file a grievance against the NFLPA for them dragging their legs in HGH testing against players, too.

  2. smartanis says: Dec 12, 2012 11:36 AM

    If this goes through, what would the league’s options be? Can they mandate that Toradol not be used by team doctors, or even add it to the banned substances list?

  3. kenorv says: Dec 12, 2012 11:41 AM

    So the NFLPA wants to have it both ways? Sorry but I’m not with them on this. Pick one side or the other. Either sign the waiver and take the Toradol or don’t sign it and find some other pain killer to take. But agreeing to take Toradol and then wanting to sue later, when you already know the risks that Toradol presents is just ridiculous.

  4. godofwine330 says: Dec 12, 2012 11:48 AM

    They are pimps. The lot of them. “Here, take this shot so that you can play and help me win”…(in a whispered tone) “but I am in no way laiable if some illness would begall you due to these shots.”

    So you want the player to take suspensions for Aderall and waive their rights for a claim for something like this? Ridiculous.

  5. wte1 says: Dec 12, 2012 11:56 AM

    Man, the NFL has more grievances and lawsuits filed back and forth between league and players association than the other three major sports leagues combined.

    It’s becoming a joke.

  6. Marv says: Dec 12, 2012 11:59 AM

    To me, the NFLPA is really becoming some evil empire… no matter what’s happening in this league – they have a problem with it.

    And they aren’t even trying to solve problems or anything, they just drag everybody and their mothers in front of some judge. While I really appreciate someone standing up against the NFL at times, these guys are absolutely ridiculous!

  7. kingmj4891 says: Dec 12, 2012 12:00 PM

    NFLPA is a joke as with all unions they just need to shut up and let the people do there jobs.

  8. stew48 says: Dec 12, 2012 12:01 PM

    My thinking is that the players are willing to take the drug to play thru pain in order to protect their job. My further thinking relates to them playing with Toradol. Is there ANY chance of increased harm to the body resulting from use of Toradol to cover pain and the player incurring contact that worsens his existing condition? I can’t think any doctor would want that, but maybe an employer would turn a deaf ear. BTW, employer here includes all coaches, GM, owner and all other team employees not hitherto mentioned. Don’t kid yourself, for I have heard way too often “he plays through pain, he is a great teammate”, etc.

  9. enea900 says: Dec 12, 2012 12:01 PM

    As an RN that gives this daily, I think this is hilarious that so much is being made of this “new wonder drug”. The danger of this and ANY NSAID is GI problems. Taking 800mg ibuprofen 3 times a day for years will cause the same side effects. Will players have to sign waivers to take Advil, or aspirin too?

  10. shaunypoo says: Dec 12, 2012 12:12 PM

    If you use it and you know that there are ramifications, then you are liable for any choices you make. If the team tells you to take it, they are liable.

    Just get rid of it. Make them play through the pain. The NFL wants as little liability as possible and the players want to sue afterwards. It resembles football less and less everyday and it is not all Goodell’s fault.

  11. seanb20124 says: Dec 12, 2012 12:13 PM

    NFL should go away and rebrand as a flag football league

  12. fafaflunky says: Dec 12, 2012 12:18 PM

    dez bryants taking some on sunday..think jerrah will inject it into him personally..

  13. ezwriter69 says: Dec 12, 2012 12:19 PM

    Maybe it doesn’t matter, but I hate for misinformation to be spread with such cavalier disregard.
    Toradol is an NSAID, a non-steroidal anti-inflammatory drug. It’s a pain killer only in the same sense that aspirin is, by reducing inflammation.
    I think it’s just wrong and misleading to call it a pain killer. It doesn’t affect the brain, it doesn’t affect nerve sensitivity, it’s super-aspirin… and if you overdose, it doesn’t make you obtunded or high, it just rips your stomach and intestines to shreds. Huge difference.

  14. dennisatunity says: Dec 12, 2012 12:22 PM

    I think the whole thing can become a non-issue anytime that the League and the NFLPA want. How? There are plenty of potent painkillers without the disastrous side effects of Toradol. Pick another painkiller! Duh!

  15. buckemtp says: Dec 12, 2012 12:39 PM

    Toradol is FAR from a “Potent painkiller.” It’s ibuprofen on steroids. No big deal.

  16. eatitfanboy says: Dec 12, 2012 12:42 PM

    To those who want the players to be solely responsible for what painkillers they put in their body with no liability whatsoever for the teams, I have a compromise:

    In exchange for leaving responsibility for pain killer use up to the players, the league promises that no player will EVER lose their job due to injury, and that no player will EVER be pushed by a coach to return to the field until they are ready.

    Why do you think players take risks with pain killers in the first place?

  17. harrisonhits2 says: Dec 12, 2012 12:48 PM

    Might as well go ahead and change to the name of the league to the National Attorneyball League.

    The more lawyers become involved in the process, the less the game resembles actual football.

  18. CKL says: Dec 12, 2012 1:31 PM

    Look, part of the NFL is that your career is only so long. You live in fear for your job due to performance. So do most of us, though. Part of why they are compensated so well, and I have zero problem with whatever amount of money a team chooses to pay anyone.

    It’s still the player’s choice whether to take vitamin T or not. The teams should have to disclose all the risks of any drugs they want to prescribe so the players can have informed choices. The players should have to sign something saying they know the risks of whatever drug it is and choose to take it. The teams should also have to provide another drug they can take instead that may be less effective but isn’t as risky. It’s just a shame everything comes down to fear of lawsuits these days instead of personal responsibility.

  19. ncbengalmike says: Dec 12, 2012 2:36 PM

    Looks like the Union wants the bread buttered on both sides again

  20. dretwann says: Dec 12, 2012 6:35 PM

    I’ve sided with the players since the lockout on every issue. I’m a “labor guy” but even I am scratching my head on this one. I mean, this is…. this is wrong. If you know the implications and yet still accept the meds, what is your argument 10 years later when you need a new kidney? I didn’t really know what I really did know?? I’m baffled with this. Sucks to say, but I side with the league on THIS one.

  21. npina111 says: Dec 12, 2012 10:26 PM

    Toradol is not even ibuprofen on steroids.

    Its ibuprofen in shot form.

    Drug seekers often say they are allergic to it cause they don’t want it.

    All nsaids including ibuprofen cause kidney failure and bleeding ulcers.

  22. tdshouldbeinthehall says: Dec 12, 2012 10:48 PM

    Unions= The death of this once great country.

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