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EARLIER THIS WEEK, former stars of professional wrestling brought a landmark lawsuit against the biggest name in the industry: WWE.
More than that, the men and women – some who were among the biggest names in the business at one time or another and some who spent their careers “jobbing” (losing) – took aim at the WWE owner Vince McMahon and the entire wrestling industry.
The 214-page complaint which outlines the basis of the case alleges a host of failings on WWE’s part.
It says the company ““routinely failed to care for” the plaintiffs’ health in “any medically competent or meaningful manner”.
The complaint says some of those involved have chronic traumatic encephalopathy (CTE) a condition seen in many American football players, caused by repeated blows to the head.
Industry
100,000 people attended WrestleMania in Texas in April. Brandon Wade
Brandon Wade
But, what may be more serious for WWE and the worldwide sports entertainment industry is a line on page three of the document:
“The wrestling moves that involve the occupational head trauma that causes CTE and associated diseases from the accumulated effects of TBIs are the result of wrestling moves and manoeuvres that were performed “correctly” by the Plaintiffs.
In other words, the head trauma that has resulted in injury is the accumulated effect of many impacts to the plaintiffs’ heads that occurred on a regular, routine basis during their WWE career.
By now, most people will know that WWE bouts are staged in so much as the outcome is predetermined. It is a TV show and the wrestlers are merely heavily-muscled performers.
But that line could change everything.
It implies that no matter what, wrestlers are at risk of concussions even if everything goes well.
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Wrestlers have for years contended that if everyone “works safe”, there are few injuries. But the lawsuit alleges that no matter the lengths they go to, traumatic brain injury is unavoidable.
CTE is tied to repeated brain trauma and associated with symptoms such as memory loss, depression and progressive dementia.
While the lawsuit acknowledges that WWE has been investing in medical studies of CTE with a group called the Concussion Legacy Foundation, headed by former WWE superstar Chris Nowinski, they say the research into wrestlers is lacking.
Despite studying 187 brains for CTE since 2013, (the foundation) has not studied a single wrestler’s brain.
“Over 100 wrestlers have died in this time period.”
While many informed fans have long been aware of WWE’s reputation as a punishing place to work, the allegations in the lawsuit are sobering.
These include:
Joe “Road Warrior Animal” Laurinaitis claims he suffered at least four major concussions and was powerbombed after returning from back surgery.
Chavo Guerrero Jr describes the WWE culture as “brutal, with near total disregard for his health and safety”.
Bryan Clark, who performed under the name Adam Bomb says it was common in WWE and wrestling to be knocked in the head and lose consciousness.
Tony Norris, who was known as Ahmed Johnson, says he was knocked unconscious after being hit with a guitar.
James Harris, the 410-pound man who played a caricature of an African save named Kamala, claims he was required to walk barefoot everywhere. He was later diagnosed with diabetes and lost both feet.
Ken Patera cites an 1987 match in Madison, Wisconsin where his injuries required 450 stitches and eventual surgery, despite no ambulance, doctor, or even ice on site at the performance.
According to Johnny Stamboli ““You kept your mouth shut about injuries, compensation or anything else or you would get heat from the office”.
Mike Enos, one half of The Beverley Brothers, claims he got a concussion and “walked it off”.
Sylvain Grenier claims he broke his neck “at some point” but wrestled on as “the rule was don’t get hurt”. He was diagnosed when he secretly asked a doctor, who diagnosed him within five minutes.
Mark Jindrak claims there was no concussion protocol or follow up.
Marty Jannetty asserts WWE sometimes had doctors who mostly distributed drugs. “Generally we had to take care of ourselves, I would help other guys pop shoulders back into place”.
JJ Funk alleges his eye fell out after being kicked by another wrestler.
Others say they have severe neurological and physical injuries including dizziness, depression and broken discs in their backs.
WWE response
AP / Press Association Images
AP / Press Association Images / Press Association Images
Of course, WWE is contesting the lawsuit and is hopeful it will be thrown out of court.
This is another ridiculous attempt by the same attorney who has previously filed class action lawsuits against WWE, both of which have been dismissed. A federal judge has already found that this lawyer made patently false allegations about WWE, and this is more of the same. We’re confident this lawsuit will suffer the same fate as his prior attempts and be dismissed.
With millions of dollars at stake, WWE will hope they are right.
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Yep. I am pretty sure they were aware of the consequences and made a career out of it. I may be wrong but the job description is foe you to be thrown around and hit so what’s the complaint?
People might accept a level of risk but that doesn’t mean their employers shouldn’t take reasonable steps to minimise that risk, like by employing competent doctors or allowing people to wear hearing protection
Yrs and now they where ear plugs protective helmets covering their ears or ear muffs on a shooting range. Which was the point the soldiers sued and why some of them won none of these where provided at the time.
The list of wrestlers is basically a who’s who’s of people who’ve burnt their bridges many years ago. Can’t help but think a lot have ulterior motives!
Actually I chuckled at it!!! Seriously tho being 410lbs – 29stone, surely contributed to the diabetes which is well known for leading to poor vascular supply and loss of limb. Was he made to be 410lbs?
They surely know what they are signing up for. Before any wrestler gets into wwe/wwf back in the 80s and 90s they’d have worked for smaller companies. Wrestled countless matches before gaining a spot on wwe tv. It must be punishing with injuries etc happening and still opting to wrestle. You get into something like that it’s your own choice.
JJ FUNK “alleges” his eye fell out after being kicked… Does this mean that no one can prove this happened ? What did he push it back in before anyone noticed an it was still in perfect working order !
yeah you actually can just pop an eye back in. Look up “Vader eye” on youtube. Big Van Vader’s eye got knocked out of his skull in the middle of the match, he popped it back in and continued the match, waiting till afterwards to get medical attention. The guys do know and accept the risks, the claim is that WWE specifically scripted “no win” scenarios that werent high risk, but guaranteed damage, and knowingly mislead performers of the debilitating effects. see also CM Punk/Phil brooks. Was cleared to perform after concussion over the phone, and also was kept on antibiotics for 6 months for “an infection” by a company doctor, for what was later found to be MRSA which he was later told by an independent physician was clearly MRSA.
If Paul Gosford (the author) did his research, he’d know that these claims are time-barred under Connecticut law, as they were not filed within the three year statute of limitations period pertaining to personal injury suits.
WWE had a similar case dismissed on 21st March 2016… and most of the wrestlers involved in it were far more recent that these ones. Same law firm though.
Hi Robert, The statute of limitations will be decided upon by a judge, but the lawsuit does address it. The lawyers reckon it’s a different case because it’s about “an illegal shifting of taxes mandated be paid by an employer, on behalf of an employee”, which is technically different to the first two cases. It’s a long shot of a case, but technically it’s a different type of case than the last ones.
Yeah, it addresses the classic “independent contractor” issue, but it’s a huge longshot. WWE will do anything to avoid letting that decision be made by a judge – and a case like that needs to be taken up by a current employee.
One of the performers listed in the suit, Don Leo Jonathan, last performed for the company in 1974, and was with the company for less than one year of a 30 year career. The lawsuit claims that he can no longer walk. With very few exceptions, most of the plaintiffs worked for a number of pro wrestling companies during their careers, and worked far more for other promotions other than the WWWF/WWF/WWE.
The only names that worked the majority of their careers with WWE among the plaintiffs would be Sylvain Grenier, Marc Copani (Muhammad Hassan), Jon Heidenreich and Bobbi Billard. Also notable is that a few plaintiffs, former referees Dave and Earl Hebner and former manager Ken Johnson (Slick) did not even work as pro wrestlers.
the time limits which apply to types of litigation seem simple on the face, but in reality if you comment about them you’ve probably not given enough consideration to
Some of the wrestlers listed were suspended/terminated by the WWE for violating the company’s Wellness Policy by testing positive for illegal drugs, yet are suddenly concerned with their health.
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