I can imagine one exculpating circumstance from the Pats' standpoint -- if he executed a release of medical records and then arranged for a doctor or hospital to withhold certain records.
That's basically it. If he did this, shame on him, and going after the signing bonus is totally justified. But it's doubtful. The records don't go from you to the team; they go from the medical professional to the team.
The due diligence burden is on the team. It happens all the time -- that's why certain guys slide down draft boards in April.
I think you missed the point of my scenario.
Fanene's knee hurts. He goes to see Dr. Andrews--or better yet, Kobe's guy in German. The doctor writes in his files "this guy's leg is going to fall off in six months." Fanene doesn't tell the Pats he saw the Doctor because, well, duh, so when the Pats go to get the medical records they don't know to ask the particular doctor.
It's not like once you have a medical release, you press a button and you get all of a guy's medical records from everywhere in the world.
It's a totally fact dependent question and none of us know the facts.
EDIT: Clarity, and also to note that agents give teams medical information all the time--Sam Bradford's agent famously (well, famously among NFL draft nerds) sent every team a letter from Dr. Andrews saying that Bradford's shoulder was fine
Edited by Shelterdog, 22 August 2012 - 11:11 AM.