15 years ago, Congress forced the NFL and NFLPA to take concussions more seriously

The NFL has come a long way when it comes to dealing with players who have suffered concussions. The road in practice started 15 years ago tomorrow.

On October 28, 2009, NFL Commissioner Roger Goodell and NFL Players Association Executive Director DeMaurice Smith called before Congress to testify about tackling brain injuries in professional football.

The testimony at times focused on whether the NFL would admit a link between concussions and future health problems. Although Dr. Ira Casson, then chairman of the NFL’s concussion committee, did not testify at the hearing (there was an argument on whether Congress had requested his presence), a member of Congress played an earlier clip in which Casson denied a link between multiple head injuries and brain disorders such as dementia and Alzheimer’s disease.

Smith was much more candid on behalf of the NFLPA, saying the union “has not done its best in this area” and, “We will do better.”

It wasn’t enough to defuse the rhetoric from at least one member of Congress. Representative Linda Sánchez said at the hearing, “It kind of reminds me of the tobacco companies before the 1990s, when they kept saying, ‘Oh, there’s no connection between smoking and harm to your health.'”

The hearing forced the NFL to make changes. It started with a new set of rules for returning to action after a concussion, a process that has become the current concussion protocol. Over time, the protocol has been adjusted and improved to ensure players don’t return before they are ready – and to better get players off the field after sustaining a head injury.

Less than two years after Congress’ involvement, the lawsuits began. A massive class action was eventually settled, creating a fund that grants benefits to players suffering from certain cognitive problems without requiring them to prove that the condition is related to playing NFL football.

Early on, there were concerns that players would retire prematurely due to concussions. While several people reported brain injuries when they retired later in their careers, only 49ers linebacker Chris Borland walked away early in a promising NFL stint due to concussion concerns.

Everyone now knows the risks. As Tua Tagovailoa’s defiant return recently showed, they all know what they signed up for. And they kept signing up for it.

People take much bigger risks for much less money. And they have the right to do that. Unless and until they can’t find anyone who will allow them to play, any player who has suffered multiple concussions may keep coming back for more.

That doesn’t alleviate the NFL’s obligation to take players out and properly evaluate them during games before returning. The tension between checking boxes to speed up the process and providing players with actual healthcare lingers. There’s a chance it will always remain that way.