Wash Post: NFLPA grievance: Patriots doctor put team ahead of patient

loshjott

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From Sally Jenkins and Rick Maese (link):
 
 
The NFL Players Association, in a court document recently filed in an unrelated case, alleged that a team physician for the New England Patriots altered the medical treatment of a player in an effort to bolster a legal case that would force the player to return his signing bonus to the team. A grievance letter sent by the players’ union cites an e-mail from former team physician Thomas Gill that the NFLPA contends shows Gill telling Patriots owner Robert Kraft and President Jonathan Kraft that he was “trying to put together a case” that would compel former defensive end Jonathan Fanene to return $3.85 million after he suffered a knee injury in 2012. The letter further asserts that Patriots Coach Bill Belichick directed Gill to delay any surgery on Fanene’s knee while an effort was made to persuade the player to retire, thus forgoing his bonus. 
 

In its grievance letter, the players’ union alleged that Gill initially scheduled Fanene for arthroscopic surgery to treat a knee injury. However, he subsequently “took the direction of Head Coach Bill Belichick” to “play four corner offense” (a metaphorical reference to a stalling tactic in basketball) and delay any surgery, and “ultimately Dr. Gill refused to do the surgery at all,” advising Fanene that if he wanted the surgery, he should use his personal physician.
 
Gill also confirmed receiving such direction in an e-mail from Belichick but said he was unclear on what Belichick meant.
 
“Coach Belichick sent an e-mail that said something about ‘let’s play some four corners here,’ which I think had to do with the timing,” Gill said. “It’s vague to me at this point. . . .
 
“He was saying let’s slow this process down till we can figure out what’s going on with Jonathan. Coach was talking about a day or two of trying to figure things out.”
 
He said the directive “had zero effect” on his treatment of Fanene. “There was never any care withheld or anything like that.”
 
 

I'm not familiar with the details of the Gill situation, though I know he parted ways with the Patriots on less than good terms.
 
 
 

Leather

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So he asked the team doctor to wait a day or two to perform surgery while they could figure out what the player's intention was, because the player made an indication he was considering doing something that would save the team a few hundred thousand dollars?  
 
I mean, I get that on the surface it looks kind of shady, but I don't think the team did anything materially wrong.  It's not like they A) refused to perform the surgery; B) put him at any risk of complications (as far as I can tell from the article); or C) threatened him in any way.
 
What a crock of shit.  Both the player and the team, from time to time, have conflicting interests.  This is why players have agents.
 
 
I mean, the headline should read:  "Injured player considers retiring, Patriots wait for decision before using team resources to perform surgery (per standard protocol)"
 

DJnVa

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Well, it's been a while since we have had a "Patriots are EVIL" story so...
 

MalzoneExpress

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Screw Fanene and the Washington Post. Didn't Fanene have a pre-existing knee injury that he failed to disclose to the Patriots? Isn't that why he settled a grievance and was not paid the remainder of his bonus? 
 

cromulence

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The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
 

Smiling Joe Hesketh

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cromulence said:
The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
 
The dispute seems to center on whether Fanene properly disclosed the knee problem before arriving in training camp. Since Fanene and the team reached a grievance buyout that precludes any type of lawsuit being filed by the player against the team, my best guess is that there was more going on here than is being reported. If the Pats suspected he wouldn't be able to play at all, then yeah they could have acted shittily and tried to delay things and try to convince Fanene to retire. On the other hand if Fanene hadn't been truthful about his physical condition, then his trying to get his signing bonus while not being able to play at all was also shitty.
 

SeoulSoxFan

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cromulence said:
The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
 
That's correct. Because delaying a day or two on an knee surgery could mean life or death for any human being. Damn that Belichick and his evil ways.
 

Leather

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SeoulSoxFan said:
 
That's correct. Because delaying a day or two on an knee surgery could mean life or death for any human being. Damn that Belichick and his evil ways.
 
From the sound of it, if Belichick hadn't tried to wait to figure out what was going on, he (and the others) could be argued to be violating their duties to the team to, you know, run the business.   It's not a fucking charity.
 
And, honestly, even if the allegations are true, this seems far less insidious than the sham that nearly every team (*cough* Broncos) goes through with the concussion protocol bullshit (for one example). The former is trying to work out various legal issues surrounding who should pay for what.  The latter is a borderline-fraudulent process that places hurt guys in situations where they could get even more hurt, possibly for life. 
 
So, what the fuck ever.  
 

cromulence

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SeoulSoxFan said:
 
That's correct. Because delaying a day or two on an knee surgery could mean life or death for any human being. Damn that Belichick and his evil ways.
 
Yeah, I knew I shouldn't have tried. Oh well.
 

MalzoneExpress

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cromulence said:
The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
 
It's not just being defensive. There is no honesty in the article or the claim. Let's assume it is all true. If the Patriots medical team operates on Fanene aren't they acknowledging that the injury was their responsibility? If so, then the Patriots cannot file a grievance and Fanene gets away with his fraud. There was a dispute about the injury. A grievance was filed. A settlement was reached. This latest NFLPA claim is something they have to do as scum sucking, bottom feeding, union lawyers player advocates, but it should have no legs.
 

Harry Hooper

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MalzoneExpress said:
 
It's not just being defensive. There is no honesty in the article or the claim. Let's assume it is all true. If the Patriots medical team operates on Fanene aren't they acknowledging that the injury was their responsibility? If so, then the Patriots cannot file a grievance and Fanene gets away with his fraud. There was a dispute about the injury. A grievance was filed. A settlement was reached. This latest NFLPA claim is something they have to do as scum sucking, bottom feeding, union lawyers player advocates, but it should have no legs.
 
Key phrase: " in a court document recently filed in an unrelated case". The NFLPA is not pursuing any claim with the Patriots about this, but using their (one-sided) reference to it for something else.
 

kolbitr

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cromulence said:
The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
Crom, it wouldn't surprise me if BB or the team treated a player shittily, or if the player felt that way at least. Teams and team docs have long been felt to have interests conflicting with players and their agents. This has been true a long time, and in many sports (the lengthy discussions over the Red Sox handling of injuries is a case in point), although DRS has defended team docs in several cases I remember, and I believe him. However this case seems more complex than you suggest--it's not as if they tried to get him to play with an injury, or refused to allow him treatment. Rather, there was clearly some disagreement as to when the injury occurred, who was responsible for handling it, and what Fanene's intentions were. The team may have been selfish or rather self-interested, but it's not clear it was nefarious.
 

HurstSoGood

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“He was saying let’s slow this process down till we can figure out what’s going on with Jonathan. Coach was talking about a day or two of trying to figure things out.”
 
 
To Crom's point: It would have been great if Bill just said/typed (the bolded), as opposed to using terminology commonly known in sports as an intentional pain-in-the-ass delay tactic. It may have been viewed as more "matter of-fact" rather than "strategic" phraseology.
 
Businesses have the right to encourage legal practices and management techniques that save the organization money. Asking Fanene to retire is good business. Performing due diligence prior to  a player going under the knife is good business. Protecting your interests is good business. Intentionally screwing a guy over, or lying to him, is not. I think SJH's post said it best- there is likely more to the story. Hopefully the Pats were using good business practice and Fanene is just throwing shit on the wall to see what sticks. 
 
Friggin email/paper trails + lack of context (or hard truth)= shit show.
 

SumnerH

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( . ) ( . ) and (_!_) said:
The first person to reference this event with anything ending in ..."-gate" should lose their membership.
 
This is something that the Player's Union may have to litigate.
 

EricFeczko

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Thanks for the link! What a great example of how the print media has become unreadable for sports news or analysis. This article has no point, literally.

Part of me wonders if this is some sort of bizarre attempt at a redirect away from the problems this season faced by the poorly named washington DC squad.
 

wibi

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drleather2001 said:
It's not like they A) refused to perform the surgery; B) put him at any risk of complications (as far as I can tell from the article); or C) threatened him in any way.
 
 
 
 
 
... and “ultimately Dr. Gill refused to do the surgery at all,” advising Fanene that if he wanted the surgery, he should use his personal physician.
 
I read this as the Patriots refused to perform or support the surgery... 
 

Harry Hooper

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wibi said:
 
 
 
 
I read this as the Patriots refused to perform or support the surgery... 
 
Maybe Gill didn't want to do it once Fanene was no longer a member of the team?
 

DaveRoberts'Shoes

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Harry Hooper said:
 
Maybe Gill didn't want to do it once Fanene was no longer a member of the team?
Or once it became clear to him that there might be a lawsuit or whatever he didn't want to be involved. I don't blame him.
 

Super Nomario

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cromulence said:
The defensiveness here is honestly disappointing. The Patriots/BB aren't infallible and it sounds like they may have been at least mildly shitty in this instance. I understand that you guys feel that it's you vs. the world as Pats fans, and I totally get that feeling, but come on. If the guy needed surgery and they chose to lie to him about it, that sucks.
You're probably right that they were at least mildly shitty, but this is old news. The Patriots felt like Fanene didn't disclose his condition; Fanene felt like Gill / Belichick / the Patriots treated him unfairly on their end. The eventual compromise - Fanene got to keep $2.5 MM of his bonus but didn't get a last payment of $1.85 MM, and the grievance was dropped - reflects that both sides were shitty in some proportion. All of this was settled over a year ago. This article is just dredging up old dirt. The grievance letter referenced in the first sentence of the article was from 6/19/2013.
 

Devizier

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Super Nomario said:
You're probably right that they were at least mildly shitty, but this is old news. The Patriots felt like Fanene didn't disclose his condition; Fanene felt like Gill / Belichick / the Patriots treated him unfairly on their end. The eventual compromise - Fanene got to keep $2.5 MM of his bonus but didn't get a last payment of $1.85 MM, and the grievance was dropped - reflects that both sides were shitty in some proportion. All of this was settled over a year ago. This article is just dredging up old dirt. The grievance letter referenced in the first sentence of the article was from 6/19/2013.
 
That's about the sum of it. I'm surprised that Fanene got the post to air out some old laundry.