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.