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Posted

People usually recover from a pneumothorax assuming he is not a smoker. Fractured ribs are a different animal depending on whether they are aggravated by breathing (most people like to breathe) plus the obvious repeated hits to the injured area are probably why their prognosis is so grim.  Maybe they could wrap him up in bubble wrap.

Posted (edited)
1 hour ago, Kirby Jackson said:

It’s not naive at all. I work in insurance and watch work comp and malpractice all day long. Any lawyer worth $.10 will be able to talk through this. He was supposed to be starting a game for a NFL almost immediately after this. This isn’t one of those “are you sure you want to go through with this” situations. Was the doctor working on behalf of the player or the team? If they can link this to him losing his job and his future earnings because of that they are screwed. This one is pretty simple from that standpoint. It’s just a matter of where the number ends up.

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 

Edited by Buffalo716
Posted

Ooof ... to attempt to play with cracked ribs is hard core on Tyrod's part.

 

I once merely had bruised ribs, I found it just painful to breathe.

Posted
31 minutes ago, Buffalo716 said:

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 

Posted
2 hours ago, mykidsdad said:

This is why surgeons have to pay 50k plus a year in medical malpractice insurance. 

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

Posted
2 hours ago, Kirby Jackson said:

The good news for Tyrod is he’s about to be quite rich (not that he wasn’t already). It’s going to be interesting to watch this situation unfold from a liability and work comp standpoint. 

No. Tyrod likely consented to the medical procedure and accepted the risks of injection up to and including.

Posted
6 minutes ago, Call_Of_Ktulu said:

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

Untrue. Research how much a surgery costs and how much of that actually goes to the surgeon. 

Posted
8 minutes ago, Kirby Jackson said:

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 


He already stole a boatload or money from the bills.    He’s good.  

Posted
38 minutes ago, Buffalo716 said:

I don't think you could make this into a thing of tyrod losing his job and future earnings

 

There are risks to procedures, and I'm sure tyrod agreed to take the shot. He definitely didn't have to, if he said he was in too much pain to play he didn't have to. He definitely accepted to take the shot and the risks

 

And his future also is not necessarily in doubt. He could easily still sign a backup deal next year. if he never plays again because of the punctured lung maybe he has a avenue

 

But he definitely accepted to take it. I can't see him being forced in today's nfl

 

 


Many players in the NFL go to extreme lengths to stay on the field due to the fear of another player stepping in and making them expendable.  I‘m pretty certain that Tyrod wanted to play and I wouldn’t be surprised if additionally he felt pressure to stay on the field so he could prove that he is a viable QB for some team next season. 
 

As it stands I don’t see much reason for a lawsuit.  He’ll be paid in full this season regardless of whether or not he plays again and this doesn’t seem like it will impact his health into next year.  This is his 9th season so it’d be incredibly difficult to convince a jury that he was going to do much this season that was a lot better than what he’s done so far.  Pain and suffering?  That’s probably a long shot and it would not likely be worth pursuing as any lawsuit would likely impact his future employment opportunities in the NFL and with its close partners.  There’s just not much upside to suing unless he’s going to retire anyway and if he has no interest in the media side of the NFL. 

Posted
9 minutes ago, Kirby Jackson said:

Any lawyer worth his salt will make that argument and it is pretty easy. Common sense says Herbert was drafted to replace him but the NFLPA will argue that’s this is what caused him to be replaced. That’s just the way that these claims work. His attorneys will say that the malpractice caused him to lose his job. With him not having a chance to play it has damaged his potential for a next contract. It will end up with a big settlement.
 

I see this kind of stuff every single day and with less of a case. The biggest difference is the doctor is employed by his employer. The case can be made that this wasn’t a decision made by Tyrod but by his employer. Waivers are worth the paper that they are written on. This will be a big settlement no doubt. 

I’m not sure how the case can be made it was a decision by the employer and not Tyrod himself.

 

You are likely right that they will settle because the PA will never not pick a fight but the settlement will not be that extravagant. At least, not in comparison to TT’s salary already. 

Posted
26 minutes ago, Call_Of_Ktulu said:

Believe me they don’t pay for it. It’s kinda like on your gas Bill you pay 3 to 5 dollars for other people stealing gas “ It’s probably more like 20 to 25 in Boston”. 

My buddy on our bowling team is a Proctologist, I’ll ask him when we bowl this Thursday and get back to you.

Posted (edited)
4 hours ago, YoloinOhio said:

 

 

I’m glad he mentioned that it was “accidental” to clear that up.....but how can he really be so sure??? 

 

 

:)

 

 

.

Edited by Augie
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