Walter F. Sweeney v. Bert Bell/Pete Rozelle NFL Plan

Sweeney alleged that his chronic drug addiction and consequent inability to maintain the requisite mental state for employment was caused by the indiscriminate drug practices of the NFL. By Sweeney's own account, team personnel with the Chargers and Redskins recommended and supplied to him a plethora of prescription strength controlled substances . The Court's opinion noted the careful administration of amphetamines by trainers before Sunday games and important practice sessions followed by post contest barbiturates of various sorts, also administered by trainers, was Sweeney's typical regimen for approximately the last 10 years of his football career. Plaintiff awarded $4,000 a month in benefits for the rest of his life, with retroactivity to 1976, the year he left football. Judge also awarded plaintiff's attorney fees and costs. Case reversed on appeal.

Plaintiff's Medical Expert Witnesses: Dr. Calvin Collarusso (619-454-2473), Dr. Steven Silk

Defendant's Medical Expert Witnesses: Dr. James Jenkins Dr. Schultz Dr. Gary Eaton

Plaintiff's Technical Expert Witnesses: Dr. Richard Jones (vocational expert) Doug Anderson (CPA)

Date, Time and Place of Incident (s): 1963-1976 NFL PLAY PERIOD

Facts and Background:
Plaintiff Sweeney had filed an administrative claim for total and permanent disability benefits with the Defendant pension plan, the Bert Bell/Pete Rozelle NFL Player Retirement Plan, on December 13, 1993, alleging the NFL was responsible for causing his substance abuse disability.

Plaintiff's Contentions, Allegations:
Plaintiff Sweeney alleged that his chronic drug addiction and consequent inability to maintain the requisite mental state for employment was caused by the indiscriminate drug practices of the NFL. By Sweeney's own account, from the very start of his NFL career team personnel with the Chargers and Redskins recommended and supplied to him a plethora of prescription strength controlled substances to increase his stamina, resistance to pain, and durability. The Court's opinion recounted Sweeney's own account of the careful administration of amphetamines by trainers before Sunday games and important practice sessions followed by post contest barbiturates of various sorts, also administered by trainers, was Sweeney's typical regimen for approximately the last 10 years of his football career

Injuries and/or Damages:
Total and permanent mental/psychological/physical injury resulting from NFL ’s indiscriminate administration of drugs to plaintiff Sweeney.

Defense: Not disabled within 12 years of leaving NFL

Verdict or Award:
Plaintiff will receive $4,000 a month in benefits for the rest of his life, with retroactivity to 1976, the year he left football. Excepted from the retroactive payment is the six year period from 1984 through 1989, when he was able to work sporadically. Case was reversed on appeal.

Other Verdict Details:
In addition to the award of maximum disability benefits from 1976 to 1984, and from 1994 forward, the Court also awarded attorneys fees and costs to Sweeneys counsel. The Court accurately noted that there is no evidence on the record to contradict. Case was reversed on appeal.

Post Trial Motions and Post Verdict Settlements:
Reversed by the Ninth Circuit Court of Appeal in an unpublished decision. Original decision, see Sweeney v. Bert Bell NFL Player Retirement Plan, et al. 961 F.Supp.1381 (1997); Reversal, see Sweeney v. Bert Bell NFL Player Retirement Plan, et al. 156 F3d 1238, 1998 WL 480125 (9TH Cir. (Cal.)) (1998).

Attorney for client:
Michael T. Thorsnes, Esq. and former associate Rhonda Thompson

Attorney for defendant: William F. Hanrahan and Douglass Ell; Groom & Nordberg, Washington DC