NFLPA Files Grievance against NFLMC for Toradol Waivers
WASHINGTON – Yesterday, the Players of the NFL through the NFL Players Association (NFLPA) filed a grievance against NFL Clubs and the NFL Management Council (NFLMC) for allowing team physicians to make “unilateral and unprecedented attempts” to force players to sign waivers as a precondition to team physicians prescribing Toradol.
The grievance seeks an order from the arbitrator that makes null and void previously executed liability waivers involving the use of Toradol and mandates team physicians to cease and desist from requiring players to sign releases as a condition of receiving appropriate medical treatment.
Earlier this season, the NFLMC assured the NFLPA that per the Collective Bargaining Agreement, it would instruct its Clubs that they could not ask players to sign such contracts. However, it has, to this point, refused to give the same directions to team physicians.
The grievance argues that team physicians are agents of NFL Clubs for purposes of providing medical care to players, and therefore, they too are bound by the terms of the CBA. The current CBA provides more oversight and accountability by team doctors to federal, state, local, ethical and professional regulations.
The position of the NFLPA is NFL Club physicians have a duty to inform Players of the risk and side-effects of prescribed medications and may obtain informed consent from the Player. However, if an NFL Club physician believes a player would be placed at an unacceptable medical risk by using Toradol as part of the care and treatment of an injury, or if the Club physician is concerned about the long-term effects of such use, the team’s medical staff should inform the player of that opinion and refuse to administer Toradol. The NFL Club physician should not administer Toradol and require that a player sign a waiver of liability before doing so. If, on the other hand, there is no such concern on the part of the Club’s medical staff, it should advise the player that the use of Toradol is appropriate.
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