AP/ January 23, 2013, 1:29 PM

Junior Seau's family sues NFL over brain injuries

Junior Seau in an undated file photo.

Junior Seau in an undated file photo.

Updated 1:28 PM ET

The family of Junior Seau has sued the NFL, claiming the former linebacker's suicide was the result of brain disease caused by violent hits he sustained while playing football.

The wrongful death lawsuit, filed Wednesday in California Superior Court in San Diego, blames the NFL for its "acts or omissions" that hid the dangers of repetitive blows to the head. It says Seau developed chronic traumatic encephalopathy (CTE) from those hits, and accuses the NFL of deliberately ignoring and concealing evidence of the risks associated with traumatic brain injuries.

Seau died at age 43 of a self-inflicted gunshot in May. He was diagnosed with CTE, based on posthumous tests, earlier this month.

An Associated Press review in November found that more than 3,800 players have sued the NFL over head injuries in at least 175 cases as the concussion issue has gained attention in recent years. More than 100 of the concussion lawsuits have been brought together before U.S. District Judge Anita B. Brody in Philadelphia.

"Our attorneys will review it and respond to the claims appropriately through the court," the NFL said in a statement Wednesday.

Helmet manufacturer Riddell Inc., also is being sued by the Seaus, who say Riddell was "negligent in their design, testing, assembly, manufacture, marketing, and engineering of the helmets" used by NFL players. The suit says the helmets were unreasonably dangerous and unsafe.

Seau was one of the best linebackers during his 20 seasons in the NFL. He retired in 2009.

"We were saddened to learn that Junior, a loving father and teammate, suffered from CTE," the family said in a statement released to the AP. "While Junior always expected to have aches and pains from his playing days, none of us ever fathomed that he would suffer a debilitating brain disease that would cause him to leave us too soon.

18 Photos

Junior Seau: 1969-2012

"We know this lawsuit will not bring back Junior. But it will send a message that the NFL needs to care for its former players, acknowledge its decades of deception on the issue of head injuries and player safety, and make the game safer for future generations."

Plaintiffs are listed as Gina Seau, Junior's ex-wife; Junior's children Tyler, Sydney, Jake and Hunter, and Bette Hoffman, trustee of Seau's estate.

The lawsuit accuses the league of glorifying the violence in pro football, and creating the impression that delivering big hits "is a badge of courage which does not seriously threaten one's health."

It singles out NFL Films and some of its videos for promoting the brutality of the game.

17 Photos

NFL players donating their brains to science

"In 1993's `NFL Rocks,' Junior Seau offered his opinion on the measure of a punishing hit: `If I can feel some dizziness, I know that guy is feeling double (that)," the suit says.

The NFL consistently has denied allegations similar to those in the lawsuit.

"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels," the league told the AP after it was revealed Seau had CTE.

The lawsuit claims money was behind the NFL's actions.

"The NFL knew or suspected that any rule changes that sought to recognize that link (to brain disease) and the health risk to NFL players would impose an economic cost that would significantly and adversely change the profit margins enjoyed by the NFL and its teams," the Seaus said in the suit.

The National Institutes of Health, based in Bethesda, Md., studied three unidentified brains, one of which was Seau's, and said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."

"It was important to us to get to the bottom of this, the truth," Gina Seau told the AP then. "And now that it has been conclusively determined from every expert that he had obviously had CTE, we just hope it is taken more seriously. You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."

In the final years of his life, Seau went through wild behavior swings, according to Gina and to 23-year-old son, Tyler. There also were signs of irrationality, forgetfulness, insomnia and depression.

"He emotionally detached himself and would kind of `go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."

© 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
30 Comments Add a Comment
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scmaize says:
Are they asking money damages for their family, or are they just trying to force the NFL to take care of former players and protect the present ones?
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eroteme2 says:
This is America. When tragedy occurs in a family it is potential jackpot time. If you do not call an attorney one or more will call you. It is all a game, with possibility of a nice increase in wealth for the family as well as attorneys.
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3march says:
The NFL took a giant step back from their alleged commitment to player safety when they readmitted the bounty hunter to the good graces of the league. Future lawsuits, and there will be many, will be able to cite this lack of serious commitment.
Eventually, the source of football talent will dry up as parents refuse to allow their children to participate in this lethal blood sport. I foresee a day when contact football will be in the same category as gladiator fights and bear- baiting.
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vissionquest says:
Fifty years ago my mother asked me to choose another sport because of the long term health risks. If my mother knew this 50 years ago then it must be considered a well known fact. I do not think this can be compared to tobacco companies who hid the effects of smoking. It is recently that there has been data available to support this knowledge, but everyone knew your body could not take this type of punishment without ill effects.
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BCSBUDDY says:
Could not have anything to do with HIS CHOICE of being three times over the legal limit on alcohol could it??? As usual, blame someone else for EVERYTHING. It is the American way!!!! What a country!!!!
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mattrick78 says:
I know Samoan families. Maybe he just got hit up side the head one too many times by his mother.
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dogmomma says:
Everyone has to take care of them selves, all these sport players are grown men. Grow up
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WHAT-IS-HE-SMOKING says:
OK, which hit caused the injury? The ones he took in high school, college or NFL?
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aubfmet says:
If there is a lawsuit for every football injury, the sport should be shut down soon. But what will we do with all those domed stadiums?
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Daid132 says:
What about all of the guys that were hit by SEAU? Can they now sue his family?
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Scimajor replies:
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His family isn't suing the players he's suing the N.F.L.. Your comparison is flawed.
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