NFL hires Elizabeth Nabel as first chief medical adviser

The NFL, still in court over allegations by former players that it failed to protect them from concussions for decades, took another step Monday toward it stated goal of enhancing the health and safety of players in seasons to come.

Elizabeth Nabel, president of Brigham and Women's Hospital in Boston and professor of medicine at Harvard, was named the league first chief health and medical adviser. The NFL said she will be the league's "senior medical expert" and work with Commissioner Roger Goodell and the league's medical/safety committees to make improvements.

"The game is safer that it has ever been, but not as safe as it will be with advisers like Dr. Nabel providing expertise," Goodell said in a press release.

What the appointment means will be seen in the years to come, said Clark Haptonstall, chairman of the Department of Sport Management at Rice University.

"If the NFL is hiring someone in hopes of protecting players now and down the road, then I think that's a very positive step," said Haptonstall, who teaches courses in sports ethics.

"If you were a little more cynical, you would think that they were trying to protect themselves legally down the road. But I hope that her role deals more with educating players as to what they're potentially facing."

A federal judge in Philadelphia has both sides until Friday to respond to her recommended changes to a tentative settlement of suits filed against the NFL by more than 5,000 former players. The suits alleged the league knowingly failed to protect players from concussions and their long-term effects. U.S. District Judge Anita Brody is considering whether to grant final approval to the settlement.

Robert Boland, who teaches sports law and management at New York University, said, "On some level it's good that the league is looking after the health and welfare of his players."

But he said there could be legal ramifications with Tuesday's appointment.

"It really remains to be seen what this role will be because there are obviously certain kinds of liabilities that go with creation of this kind of position," said Boland.

"If there are lawsuits in the future, the steps that this person in this role takes suddenly would be imputed back to the league.''

Boland noted that Nabel assumes a newly created post.

"What would be the purview of the league's chief medical (adviser)? Well, logically the concussion program would be part of that," said Boland.

"Typically, leagues have not taken that in house because they don't want the liability issue of an employee in that circumstances. They much prefer to have a team of or experts … and they left a lot of it in many cases to the individual purview of their team doctors and their franchise owners. Does that position actually cause more liability on some level legally than it protects?"

Boland said it would have been better to name Nabel in conjunction with the NFL Players Association.

"It's not that they're taking bad steps. … It's that they're taken unilaterally by the NFL right now," said Boland. "And that automatically puts them sort of outside the zone of players and outside the zone of the union. To some degree, they would be more effective if they were taken on as 'we' problems.''

The NFL announced that its concussion total dropped to a four-year low during the 2014 preseason and regular season. The league said there were 202 concussions in 2014 in preseason and regular season practices and games. That's down from 229 in 2013, 261 in 2012 and 252 in 2011, according to the league.

In making the announcement, the NFL cited a "culture change" among players and coaches when it comes to targeting the head and neck, as well as stricter rules against illegal hits and fines and suspensions for violators.

Jeff Miller is the NFL's senior vice president of health and safety. The NFL Owners Committee on Health and Safety is chaired by San Francisco 49ers Chairman Jed York. The league's medical committees include the Head, Neck and Spine Committee, formed in 2010 amid criticisms of a previous advisory group that handled concussion research.

The league said Nabel, a cardiologist, will provide "strategic input" to all league efforts. She was director of the National Heart, Lung and Blood Institute (2005-2009). Her work there included raising awareness of heart issues in women and combatting heart/lung diseases in developing countries.

"I hope that this new doctor is relatively independent and is able to proceed with her findings without a lot of oversight," said Haptonstall.

It also was announced Tuesday that Bill Polian, just voted to the Pro Football Hall of Fame as a former general manager, will chair a new advisory committee for USA Football, a non-profit funded by the NFL that oversees safety programs for youth football.

"When I look at football, the concern that I have at all levels from youth to the NFL is have the players been properly educated about the potential problems they may face," said Haptonstall.

Joining Polian on the 18-member committee will be former NFL coach Tony Dungy, plus college and high school coaches. USA Football oversees the Heads Up Football program, aimed at teaching young players to use their shoulders – not their heads – to make tackles.