There is no doubt there are growing concerns about the National Football League’s (NFL) long-term sustainability due to the players’ risk of concussions. This issue, often referred to as the “C” word, has sparked difficult conversations amongst the NFL, its fans, and families of football players. While the word is seldom spoken in locker rooms, the impact is undeniable through the decline in participation, expensive lawsuits, and tragically, death.
A Headache to the NFL
Concussions have become a major barrier when it comes to growing football and its future.[2] From 2016 to 2021, youth football participation declined 29%.[3] This downward trend is evident through the shrinking roster sizes in youth and high school football.[4] This leads one to ask, is the risk of concussions driving this decline?
Concussions are an itch that the NFL cannot get rid of. In 2011, over eighty players initiated a lawsuit against the league, accusing the NFL of deceiving players about the dangers of concussions.[5] Since the class action settlement in 2015, the NFL has paid over $1.2 billion to more than 1,600 retired players and their families.[6] However, despite the settlement efforts, concerns around concussions have not subsided and litigation continues.[7]
The NFL has responded by implementing initiatives to reduce some of the dangers associated with concussions. Within the last two decades, the NFL has regularly updated their rulebook in an attempt to make the game safer.[8] Key precautions include the implementation of the first helmet-to-helmet contact rule in 2002, and penalties for blindside blocks and hits on defenseless players in 2009.[9] Additionally, the development of the concussion protocol in 2011 created a checklist for team doctors to identify, diagnose, and treat concussions.[10] Despite more rules, newer helmets, and safety measures being introduced every year, concussions remain to be a pressing concern.[11]
A Brain Game: Questions About Tua Tagovailoa’s Future
Recent events have reignited the conversation surrounding the concern of concussions and the lasting effects. Just a few weeks ago, Tua Tagovailoa, quarterback for the Miami Dolphins, suffered his third concussion in the NFL.[12]After colliding with a Buffalo Bill’s player, Tua displayed the “fencing” posture for the second time in his career.[13] The “fencing” posture is a response that an individual will demonstrate following impact to the head, where they exhibit extension in their arms or manifestations in their limbs.[14] This physical response is often a telltale sign of traumatic brain injury.[15] Tagovailoa’s situation once again brings the dangers of concussions back into the spotlight, raising questions about his own future and whether more legal action will ensue.
Some NFL players are become increasingly cognizant of the risks associated with concussions.[16] Luke Kuechly, an All-Pro NFL linebacker, was one of the most notable players to retire due to his concerns over the long-term effects of concussions.[17] In 2020, the 28-year-old All-Pro NFL linebacker decided it was time to hang up his cleats stating, “it [was] right thing to do.”[18] Over Kuechly’s dominate eight year career in the NFL, he suffered three concussions in successive seasons, including one that left him being carted off the field.[19] His decision to retire highlights the growing dialogue surrounding concussions, a conversation that Kuechly himself has continued by recently speaking with Congress about the effects of traumatic brain injuries.[20] If football is to survive, there must be a solution.
The NFL’s Latest Defense: Guardian Caps
One of the NFL’s most recent experiments has been the use of Guardian Caps, which are soft-shell covers that are placed over the helmets to help reduce the likelihood of a concussions.[21] In 2022, the NFL mandated Guardian Caps to be used during practice.[22] According to the NFL commissioner Roger Goodell, Guardian Caps have reduced concussions by 52%.[23] However, the data on the effectiveness of the Guardian Caps remains unclear and players’ opinions about their use are divided.
Kyle Pitts, a tight end for the Atlanta Falcons, was quoted saying, “I'm not a fan at all.”[24] Pitts criticized the excess heat and the lack of circulation with the Guardian Caps.[25] Jonathan Greenard, a linebacker on the Minnesota Vikings, also voiced his opinion by posting “Ew” in response to a social media post of another player wearing the Guardian Cap.[26] Beyond the uncertainty about the effectiveness of the Guardian Caps reducing concussions, several important questions remain. One key concern is whether players’ resistance to wearing the Guardian Caps stems from their aesthetic objections to the bulky, non-traditional appearance or genuine doubts about concussion prevention. Currently, only about five to ten players across the league are using the Guardian Caps during games.[27]
One key question is whether the players are more concerned regarding the unappealing look of Guardian Caps than the risk of concussions? Another concern is whether there is the potential for more neck injuries due to the uneven surface of the Guardian Caps?
SAF(e)R Option
A potential alternative is the SAFR helmet shells. SAFR is a newer brand that features a more aesthetically appealing and seamless design. SAFR is a gameday ready product and does not appear as if there was an additional shell added to the helmet.[28] Unlike Guardian Caps, who use Velcro to attach to the facemasks, SAFR’s shells are directly integrated as part of the helmet, and also reduce the chance of the shell falling off.[29] Virginia Tech’s Helmet Rating and Testing studies tested SAFR helmet covers alongside the Guardian Caps.[30] In the study, multiple “5-star” helmets were tested using both Guardian Cap and SAFR helmet shells.[31] The control helmet that was used without any additional shell received a score of 4.2.[32] With the addition of the Guardian Cap and SAFR’s helmet shells, the score was reduced to 1.2 and 1.6 respectively.[33] When analyzing the scores that are computed after the testing, a lower score indicates a higher reduction in the likelihood of concussions.[34] Moreover, when a “5-star” helmet is combined with the SAFR shell, the risk of concussions is reduced by as much as 77%.[35]
While both brands reduced the risk of concussions, SAFR helmet shells may offer a smoother fit that better address the concerns of NFL players.[36] Notably, despite Guardian Caps testing slightly better, Virginia Tech, who conducted the experiment, has their football program utilizing SAFR technology.[37] Other leagues and programs have also opted to use SAFR instead, such as the United Football League (UFL), University Notre Dame, North Carolina State University, and more.[38]
As the NFL searches for solutions to minimize the risks of concussions, products like SAFR could help create a safer future for football players. While there may be no definitive way to completely eliminate the risks of concussions, the NFL must continue to find new ways to protect its players and its reputation to survive.
Ben Rosen (staff writer) is a 1L at Villanova University Charles Widger School of Law from Los Angeles, California. He graduated from Claremont McKenna College where he played four years of football and aspires to maintain a career in football. Currently, he is a co-external outreach chair as part of the Sports Law Society.
References:
[1] Photo by Jonathon Bunge on Flickr
[2] Will Hobson, The Concussion Files, The Washington Post (Jan. 31, 2024)
[3] See Project Play, State of Play 2022: Participation Trends.
[4] See Id.
[5] Will Hobson, Supra note 1.
[6] See Id.
[7] See Id.
[8] NFL, NFL Health and Safety Related Rule Changes Since 2002.
[9] See Id.
[10] NFL Football Operations, NFL Health and Safety: Protecting Players
[11] Tashan Reed, NFL Reports lower-body injuries down, concussions up in 2023 Season (NYTimes)
[12] Marcel Louis-Jacques, Dolphin’s Tua Tagovailoa exits loss to Bills with Concussion (ESPN)
[13] Marcel Louis-Jacques, What We Know about Dolphin’s QB Tua Tagovailoa’s Concussion, ESPN (Sep. 17, 2024).
[14] Roe, Kyle L et al. Public Awareness of the Fencing Response as an Indicator of Traumatic Brain Injury: Quantitative Study of Twitter and Wikipedia Data. JMIR formative research vol. 7 e39061 (Mar. 17, 2023)
[15] See Id.
[16] Chris Foy, The Concern That’s Causing Early Retirement in the NFL
[17] David Newton, Panthers LB Luke Kuechly, 28, says retiring from the NFL is ‘right thing to do’
[18] See Id.
[19] Tom Lutz, The brilliant Luke Kuechly gave us a searing image of brain trauma
[20] Ken Belson, ‘Everybody in the N.F.L. Understands That It’s a Violent Game’ (NY Times)
[21] Guardian Sports, Guardian Caps
[22] Keith Jenkins, What are the Guardian Caps? How are they used in the NFL? (ESPN) (Sep. 17, 2024).
[23] Turron Davenport, Guardian Caps on Helmets? Why NFL Players Have Mixed Feelings. (ESPN) (Sep. 8, 2024)
[24] See Id.
[25] See Id.
[26] See Id.
[27] Mike Jones, Why NFL’s Guardian Caps are getting a thumbs down from so many players: Poll (NY Times) (Oct. 3, 2024)
[28] SAFR Sports, SAFR Football Helmet Covers
[29] SAFR Sports, Lab Studies
[30] Virginia Tech Helmet Ratings, Football Helmet Shell Add-On Testing
[31] See Id.
[32] See Id.
[33] See Id.
[34] See Id.
[35] SAFR Sports, Virginia Tech Helmet Lab Tests SAFR Helmet Covers, Orders 110 for the VA Tech Football Team. (Mar. 25, 2023)
[36] Virginia Tech Helmet Ratings, supra note 18
[37] See SAFR Sports, supra note 15
[38] SAFR Sports, College Teams
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