Times story links concussions, Big Tobacco and Deflategate


Times story links concussions, Big Tobacco and Deflategate

Compared to lung cancer, brain damage, dementia and suicide, taking the air out of footballs is decidedly small potatoes.

But the same lawyers, law firms and perhaps strategies employed in efforts to prove tobacco wasn’t bad and concussions couldn’t be linked to football were used by the NFL in its quest to prove Tom Brady ran a deflation scheme.

Thursday’s bombshell story in the New York Times declared the league omitted “more than 100” diagnosed concussions from a study it performed from 1996 through 2001. From the story written by Alan Schwarz, Walt Bogdanich and Jacqueline Williams:

“For the last 13 years, the N.F.L. has stood by the research, which, the papers stated, was based on a full accounting of all concussions diagnosed by team physicians from 1996 through 2001. But confidential data obtained by The Times shows that more than 100 diagnosed concussions were omitted from the studies — including some severe injuries to stars like quarterbacks Steve Young and Troy Aikman. The committee then calculated the rates of concussions using the incomplete data, making them appear less frequent than they actually were.

After The Times asked the league about the missing diagnosed cases — more than 10 percent of the total — officials acknowledged that “the clubs were not required to submit their data and not every club did.” That should have been made clearer, the league said in a statement, adding that the missing cases were not part of an attempt “to alter or suppress the rate of concussions.”

One member of the concussion committee, Dr. Joseph Waeckerle, said he was unaware of the omissions. But he added: “If somebody made a human error or somebody assumed the data was absolutely correct and didn’t question it, well, we screwed up. If we found it wasn’t accurate and still used it, that’s not a screw-up; that’s a lie.”

Think about that a moment just in the context of what we’ve been watching the past 15 months. There is no denying the NFL found that the data it collected the night of the AFC Championship Game was practically worthless. They didn’t collect it in a controlled setting, they used shoddy equipment, they didn’t account for climate changes, and the 2015 season proved that footballs routinely dipped well below 12.5 PSI.

The company the NFL brought in to “prove” the data supported a scheme -- Exponent -- was summarily exposed as having provided the league with junk science that fit the data to the NFL’s mission.

“If we found it wasn’t accurate and still used it, that’s not a screw up; that’s a lie.”

The NFL wasted no time Thursday crafting a response. This link takes you there. (And the New York Times crafted a response to the respose; this link takes you a roundup of those Tweets in which the newspaper answers the league's charges.) But after reading the response, the inarguable facts of the Times article and the ones I’ll detail in this story stand. 

Now, for following the chain linking Deflategate back to Big Tobacco.  

The story notes that,

Concussions can hardly be equated with smoking, which kills 1,300 people a day in the United States, and The Times has found no direct evidence that the league took its strategy from Big Tobacco. But records show a long relationship between two businesses with little in common beyond the health risks associated with their products.

In a letter to The Times, a lawyer for the league said, “The N.F.L. is not the tobacco industry; it had no connection to the tobacco industry,” which he called “perhaps the most odious industry in American history.”

Still, the records show that the two businesses shared lobbyists, lawyers and consultants. Personal correspondence underscored their friendships, including dinner invitations and a request for lobbying advice.”

The most recognizable name is Ted Wells. The man who ran the Deflategate investigation defended tobacco company Philip Morris in a $60 billion case back in 2005. Exponent -- the firm Wells turned to -- once claimed its studies found second-hand smoke does not cause cancer. The research firm has legions of detractors questioning its scientific work in defending some of the world’s biggest and most profitable companies.

Wells works for the law firm Paul, Weiss as does Lorin Reisner, a central figure in the Wells Investigation and Tom Brady’s June appeal.

But the legal, personnel and strategic ties between Big Tobacco, the NFL’s concussion cases and Deflategate extend past Wells, Exponent and Paul, Weiss.  

Legal oversight for the concussion study was given by Dorothy Mitchell from the law firm Covington, Burling. She previously “defended the Tobacco Institute, the industry trade group” according to The Times. Covington, Burling, based in Washington, D.C., has been the longtime legal pipeline to the NFL. It employs former NFL commissioner Paul Tagliabue, NFL lead counsel Jeff Pash and attorney Gregg Levy, who was brought into Deflategate during Brady’s appeal and was runner-up for the commissioner job in 2006.

We all understand that large companies facing massive litigation with damages that could run into the billions aren’t going to hire Matlock to defend them. The pool of firms equipped to fight plaintiffs claiming they were injured or killed by using a product or participating in a sport is going to be shallow.

The point isn’t as much the law firms, though, as it is the similar strategies used, as the Times points out: “Some retired players have likened the N.F.L.’s handling of its health crisis to that of the tobacco industry, which was notorious for using questionable science to play down the dangers of cigarettes.”

Speaking to the Times about the misleading concussion data, Bill Barr, a neuropsychologist who once worked for the Jets said, “One of the rules of science is that you need to have impeccable data collection procedures. … (By excluding so many concussions,) you’re not doing science here; you are putting forth some idea that you already have.”

Sounds all too familiar. 

What Bill Belichick's pro day tour tells us about Patriots draft strategy

What Bill Belichick's pro day tour tells us about Patriots draft strategy

It’s one of the rites of spring. This is the time of year NFL fans across America overemphasize the importance of their team’s coach or general manager popping up at a particular program’s pro day. You can set your watch to it. 

Coach X showed up at University Y so you KNOW he wants Player Z!

The pro day circuit is just one aspect of the pre-draft preparation process for NFL clubs, though. The information gleaned from stops on college campuses through March and early April is, as Bill Belichick might say, just part of the evaluation mosaic. 

The tape matters. The combine matters. Private workouts matter. Official visits matter. Claiming a meeting or an interview between a player and a club at any one of these spots will dictate a draft-day match is foolhardy. 

Still . . . it's interesting to track teams’ whereabouts in order to see if any trends develop.

Here we'll lay out where the two primary players in the Patriots front office, Belichick and Nick Caserio, have been spotted over the last couple weeks since pro days kicked off. Their itinerary may be nothing but a sliver of a view into where the team's interests lay, but we’ll take that sliver with the understanding that it is what it is.


Belichick made his seemingly annual trip to the University of Alabama to catch up with old friend Nick Saban and see some of the college game's top prospects. The Crimson Tide could have more than a dozen players drafted, and most of their top prospects reside on the defensive side of the ball. Receiver Calvin Ridley, defensive back Minkah Fitzpatrick and defensive tackle Da'Ron Payne shoild be long gone by the time the Patriots pick at No. 31, but there are plenty of other talented defenders they could have a shot at. Linebacker Rashaan Evans (6-foot-3, 234) would be an interesting fit for a defense that could use an addition to its second level. Defensive end Da'Shawn Hand (6-4, 297) is intriguing because of his versatility as a base end who could rush from the inside in sub situations. Safety Ronnie Harrison (6-3, 214) also seems like a Patriots type. Even punter JK Scott could be on their radar. 


Caserio headed to Wisconsin's pro day, where linebacker Jack Cichy posted a very strong short-shuttle (4.28 seconds) and three-cone times (7.10). He's an off-the-ball type who measured in at 6-foot-2, 234 pounds and is projected by to go on Day 3. The Badgers don't have quite as many pro prospects as Alabama, but they have seven or eight who could hear their names called on draft weekend. Corner Nick Nelson (5-11, 208) and edge defender Leon Jacobs (6-3, 230) were two of Wisconsin's best players, and would’ve been worth a look from the Patriots director of player personnel. 


Belichick kept a close eye on the defensive linemen participating in NC State's pro day Monday. Bradley Chubb is expected to be the first defensive player taken in the draft so the Patriots won't have a shot at him (which Belichick admitted to Chubb following the workout), but defensive tackle BJ Hill (6-4, 315) may have been of interest. He's thought of as a mid-rounder after a very strong showing at the Senior Bowl and a solid combine. Kentavius Street (6-2, 280) is really powerful as a defensive end and could be had toward the end of the draft. Belichick also reportedly spent some time watching backs Nyheim Hines (5-8, 197) and Jaylen Samuels (5-11, 233) run routes. 

Caserio, meanwhile, kept a close eye on the workout put together by Toledo quarterback Logan Woodside (6-2, 201). Our Mike Giardi put together a piece on Woodside, who tested well at the combine and is considered to have a good football IQ, earlier this offseason. Read it. Caserio was joined at Toledo by Patriots scout Patrick Stewart, who was also present for Richmond quarterback Kyle Lauletta's pro day.


Belichick went from NC State to South Carolina where he reportedly met with tight end Hayden Hurst for the second time. Hurst (6-4, 250), a walk-on who played two years of minor-league baseball, may be the first tight end taken in this year's draft. Linebacker Skai Moore (6-2, 221) was extremely productive for the Gamecocks, leading the team in tackles all four years of his career, which Belichick clearly appreciated. Moore told reporters after his pro day work out that he met with Belichick for an hour and that Belichick told him he's a great player. Belichick and Moore also met at the combine, Moore said.

So what can we make of Belichick and Caserio's stops thus far? We’re careful not to make too much of these stops visits, but here are some quick-hitting thoughts . . .

* They appear to want more information on the draft's second (or third) tier of quarterbacks. It should come as no surprise that the Patriots won't be in the running to select passers like USC's Sam Darnold, UCLA's Josh Rosen or Oklahoma's Baker Mayfield. But the group that includes Woodside, Lauletta and others -- perhaps Washington State's Luke Falk, whose pro day will be at Utah State on Mar. 28, Oklahoma State's Mason Rudolph, and Western Kentucky's Mike White -- seems to be of interest.

* Are the Patriots looking for their next playmaker at tight end? Even with Rob Gronkowski on the roster (assuming he returns in 2018) the Patriots could use another pass-catcher at this spot. Their interest in Hurst is intriguing. If they pop up at South Dakota State's pro day on Mar. 30 -- home of Dallas Goedert -- then that might be an indication they are considering a running mate and heir apparent for Gronkowski. 

* Outside of offensive tackle, off-the-ball linebacker might be the biggest need the Patriots have not addressed via trade or free agency this offseason. It would come as little surprise if they opted for a rookie (or two) who play that position in this year's draft. Evans is among the draft's most talented at that spot, but there are some questions around the league as to whether or not he'd be the traffic cop that, for instance, Jerod Mayo and Dont'a Hightower have been for the Patriots. Getting a closer look at Cichy and Moore would also seem to indicate that New England is taking a close look at a newer (smaller) breed at that spot. Belichick has long liked bigger linebackers, but as the speed of the game picks up perhaps he’ll be more open to going small(ish) here. The Patriots were represented at Viriginia Tech's pro day on Mar. 14 (home of top linebacker prospect Tremaine Edmunds) and it'll be interesting to see if they show up at Boise State (home of Leighton Vander Esch) on April 3. Belichick is reportedly headed to Georgia's pro day on Wednesday, where he'll have a chance to see athletic off-the-ball 'backer Roquan Smith and athletic edge player Lorenzo Carter. Either would immediately provide the Patriots front-seven with a shot of athleticism. 

* That Belichick has seen a boatload of talented defensive linemen at Alabama and NC State isn't a shocker. While they may not have a glaring need up front for 2018 — especially after trading for Danny Shelton and signing Adrian Clayborn — both Shelton and Malcom Brown could be elsewhere in 2019 if the Patriots don't pick up their fifth-year options. Trey Flowers is also headed into a contract year. 


Quick Slants the Podcast: Ranking the Patriots additions, are the Patriots better defensively, but worse offensively?

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Quick Slants the Podcast: Ranking the Patriots additions, are the Patriots better defensively, but worse offensively?

Tom E. Curran and Phil Perry go over the moves the Patriots have made this offseason and rank their favorite moves and what to expect from those players.

(1:00) Ranking the Patriots acquisitions so far.

(5:30) Will Danny Shelton or Jason McCourty have a bigger impact n the Patriots defense?

(13:00) What can Patriots fans realistically expect from Cordarrelle Patterson?

(16:00) Are the Patriots a better team now than they were at the end of the Super Bowl?

(17:00) What is the next position in need for the Patriots?

(23:00) How concerning is the tension level between Belichick/Brady/Gronkowski, when should Patriots fans start to panic?