DawgTalkers.net Forums DawgTalk Tailgate Forum J.J.'s suing the Browns . . .

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Former Cleveland Browns receiver Joe Jurevicius sues team, doctors, Cleveland Clinic over staph infection
by Mary Kay Cabot
The Plain Dealer Friday
June 26, 2009, 11:27 AM

CLEVELAND -- Former Browns receiver Joe Jurevicius has filed a civil suit in Cuyahoga County Common Pleas Court against the Browns, the Cleveland Clinic, former team physician Dr. Anthony Miniaci and current team physician Dr. Richard Figler, for negligence and fraud that he alleges led to a staph infection that might have ended his NFL career.

The suit claims that the Browns and their team physicians failed to warn Jurevicius that sterile techniques were not at all times used at the Browns training facility in Berea; that therapy devices passed among multiple individuals, including Browns players, were not properly maintained and/or cleaned, if at all; and that community equipment and frequently used surfaces were not properly cleaned, if at all.

Jurevicius, a former star at Lake Catholic High School, maintains that he contracted staph in his knee because he was not warned and because Browns staff members did not tell the truth about maintenance and cleaning of the Browns facility.

Browns director of public relations Neal Gulkis did not immediately return a call for comment.

Jurevicius underwent arthroscopic surgery on his right knee on Jan. 7, 2008 and began his post-operative rehab at the Browns facility. On Jan. 21, 2008, his right knee became swollen, he was unable to walk, and he experienced severe shaking and chills. The next day he was diagnosed with a staph infection. Since that time he has undergone seven medical procedures designed to eradicate the staph.

The Browns released Jurevicius on March 12, rather than pay him a roster bonus. He was due to make $2.4 million in the final season of a four-year contract he signed in 2006.

Click to read an October 2008 story on staph infections' impact on the Browns.

Jurevicius' staph infection was one of seven publicized incidents of staph infection the Browns have had since 2003.

• Tight end Kellen Winslow Jr., traded to Tampa Bay this offseason, suffered two. His first case came in 2005 after surgery to repair a torn knee ligament in which he was hospitalized and lost almost 30 pounds. The second was last season.

• Former Browns center LeCharles Bentley remains out of football after suffering a staph infection that he said was life-threatening. The infection was diagnosed shortly after surgery to repair a torn tendon in his left knee in 2006.

• Jurevicius' infection surfaced two weeks after his arthroscopic knee surgery in January of 2008.

• Receiver Braylon Edwards missed two games during his rookie year in 2005 with a staph infection that had to be surgically removed from his right arm.

• A recurring staph infection in an elbow all but wiped out former safety Brian Russell's 2006 season.

• In late 2003, former linebacker Ben Taylor wound up in the Cleveland Clinic for five days with a staph infection after reporting to practice with a scratch near his elbow and flulike symptoms that worsened during the day.

The Browns may have tried to bring Jurevicius back for this season at the NFL minimum salary of $845,000 for veterans of 10 or more years -- the same concession made by offensive lineman Ryan Tucker. General manager George Kokinis talked with Jurevicius' agents about a deal at the NFL Combine. "We tried to work something out and it just ended up not coming to a conclusion," Kokinis said then. ". . . Joe's done a lot. I know what he means to this team."
In a statement issued at that time by agent Mark Humenik, Jurevicius indicated there was more than money involved in the Browns' decision.

The statement said: "As a Cleveland native and lifelong Browns fan, I always hoped to finish my career in brown and orange with my family and friends in the stands, and was even willing to take a steep pay cut to keep that dream alive, which is why I have such a heavy heart today."

Jurevicius, a native of Timberlake, Ohio, said at that time he will "forever cherish the three seasons that I spent here and will never forget the chills that I got whenever I stepped foot on the field on the shores of Lake Erie."

A marriage of Jurevicius and new coach Eric Mangini seemed doomed from the start. In December, Jurevicius was one of the few players to speak out publicly and endorse the Phil Savage-Romeo Crennel management team. He felt the 4-12 season in 2008 was an aberration caused by injuries and roster immaturity. He appealed to Lerner to stay the course.

Jurevicius played in three Super Bowls with three different teams in his career before signing with the Browns in 2006. In that off-season, he joined local products LeCharles Bentley and Bob Hallen, both centers, and punter Dave Zastudil in using free agency to return home to play. Only Zastudil remains.

- Background information from previous Plain Dealer stories was used in this report.

I don't know how Browns fans feel about this...but I commend JJ for this. The Browns, among a few other organization, had way too many staph infections to be from normal practices of hygiene and safety.

Uhhh...

If Jurevicius is telling the truth, we have big problems behind the scenes in Berea.

Man, more great press. That being said I dont blame him for suing.

I wish they would just get the heck out of Berea.

This isn't really related to the story though, I just want them in COLUMBUS!!!

Or at least in Mansfield. . . .

I've given up trying to talk to people and educate them about it. It's a losing battle with these people.

I was kind of wondering why Workers Comp rules dont apply to sports. If you are hurt on the job and are unable to perform your job anymore,your employer can not fie you for it. Well ,why are NFL teams allowed to cut a player who can not perfoem his job anymore? It seems like they would at least have to pay out the rest of his contract.

KING

good for him.

this is a serious problem that seems to have plagued us for years.

i have no idea how it works, how it can only happen to us at this rate, but it's gotta be fixed.

i think about the guys we had and what they went through and wonder what if...

hopefully this sheds light on the situation and forces whomever responisible to fix it.

And didn't we have the entire facility sprayed or something a year or 2 ago? So obviously this problem is either a. Not coming from the facility specifically, or b. A more resistant strain than most and more difficult to eradicate, regardless of what organization it is.

and hey, you guys are right, the browns have done a lot and the clinic has done a lot to try and stop this

but it keeps happening, why is it happening here with our players at this rate and not anywhere else?

something needs to be done. whatever they are doing, guess what? it's not nearly good enough.

Dude, it's a world-wide problem. It's like saying people aren't doing enough to cure cancer or the common cold. You admit you don't understand and yet you keep spouting off like you do, which you obviously do not.

A Slew of Staph Infections Tackles the NFL

The NFL is learning the hard way that a microscopic foe can be much more imposing than a 300-pound lineman, as a sudden slew of staph infections has sacked several players in the game.

Early this week, Cleveland Browns tight end Kellen Winslow Jr. revealed that staph (short for Staphylococcus) infection had sent him to the Cleveland Clinic for three days, and he accused the Browns of asking him to cover it up. Pro football teams are notoriously reluctant to reveal any information on player injuries, but since six different Browns have caught the bug since 2005 — Winslow has had it twice — the team's medical management looked suspect to some observers. "There's obviously a problem [with staph] and we have to fix it," Winslow told the Cleveland Plain Dealer. "Just look at the history around here. It's unfortunate, because it happens time and time again." The Browns, who denied that they had kept the news of his infection from his teammates, suspended Winslow one game for his rant, which included his claim that he felt like he had been treated like "a piece of meat."

But the Winslow medical controversy wasn't even the worst of it for the league. In the past week, it has become clear that two of its most marketable stars, marquee quarterbacks Tom Brady and Peyton Manning, had gotten infections. The New England Patriots' Brady has had at least two additional infection-related procedures since his initial season-ending knee surgery in September. It's now possible that his knee will have to undergo another operation, which could delay his return until 2010. Staph seems to be the likely culprit, but neither Brady nor the Patriots will confirm that. During training camp staph infected a bursa sac, which acts as a cushion between bones, in Manning's left knee. The infection required surgery and forced him to miss most of the preseason. Though the Colts released a statement on Friday insisting Manning didn't contract a more perilous staph, the anti-biotic resistant strain known as MRSA (methicillin-resistant Staphylococcus aureus), the incidents should alarm the NFL. "The NFL, and all the leagues, should be diligent, and not let their guards down," says Dr. Robert Gotlin, director of Orthopedic and Sports Rehabilitation at Beth Israel Medical Center in New York City. "They've got to do better. It's got to be one of the top five priorities."

The recent cases have certainly gotten players' attention. "I'm concerned, and wondering why it's happening. It's not some little infection that goes away in a few days, it's pretty serious," says Chicago Bears rookie running back Matt Forte. The league is quick to point out that it has partnered with teams to educate players about the bacteria, while the players' union insists it's alarmed and has contacted the league about further action. Some teams, like the Colts, have posted pictures on training room walls that warn players about staph symptoms and how to avoid contracting or spreading it. For their part, the Browns note that the team has previously used a special anti-staph agent to disinfect the locker room, weight room and other places where players gather.

Staph, of course, is far from just an NFL problem. Two college teams, the '05 Florida Gators and the '03 USC Trojans, had multiple cases. And football is by no means the only sports victim. The infection kept Toronto Blue Jays outfielder Alex Rios out of the 2006 All-Star Game. A few days later another Toronto player caught it, and the clubhouse was disinfected. NBA players Paul Pierce, Grant Hill and Drew Gooden have had it. Staph killed a high school wrestler in California this summer, and last spring 15 students at a Pennsylvania high school were either treated for staph or symptoms caused by the virus.

What exactly are staph infections? Staph is bacteria carried on the skin, which can enter the body through a cut or during a medical procedure, causing the infection. Most are minor, but certain strains are particularly resistant to anti-biotics and can cause athletes to miss significant playing time. Athletes are more likely to suffer cuts, and the locker room setting bunches players close to one another in a warm, damp environment, so they are especially susceptible to spreading the bacteria. Since football teams carry some 55 players on their rosters, and tend to have a higher degree of serious injuries to deal with, they are at particular risk. According to a 2005 survey by the NFL Team Physicians Society, 13 out of 30 teams that responded had had a player contract MRSA in recent years, for a total of 60 leaguewide infections.

Though Philadelphia Eagles linebacker Omar Gaither rightly points out that "we're just a naturally dirty sport," there are several basic precautions athletes can take to lower the chance of catching an infection. Many athletes shave their ankles, legs, and arms because they don't want athletic tape ripping hair off their bodies, but experts say they should lose the razor. "No matter how careful the shaving is, you can have nicks and microscopic cuts in the skin," says Dr. Daniel Sexton, an infectious disease specialist at the Duke University Medical Center, who consults for an NFL team and several college programs. "Any time you break that barrier, it becomes a portal through which bacteria can gain access." Staph prevention is pretty low-tech. "You know, this is pretty simple," Sexton says. "Hand washing remains the primary defense against the transmissions of most organisms, including staph. Most people don't think of a locker room as a place where hand hygiene is important, but locker rooms are also mini-emergency rooms."

In 2003, a team of researchers tracked the St. Louis Rams and found five players who caught eight MRSA infections. "We observed a lack of regular access to hand hygiene (i.e., soap and water or alcohol-based hand gels) for trainers who provided wound care," they wrote in The New England Journal of Medicine. Other offenses included "skipping of showers by players before the use of communal whirlpools; and sharing or towels — all factors that might facilitate the transmission of infection in this setting."

In short: use a little common sense, tough guys. But when it comes to infectious germs, even a 245-lb. bruiser like Gaither believes you can't always outrun them. "You can't worry about it to death," he says. "It's not like you can walk around and put gloves on your hand every 10 seconds. Sometimes, there's just not that much you can do." Except hope that these recent cases are a coincidental hiccup, and not an epidemic that seriously tackles the NFL.


http://www.time.com

good call.

it just seems like it has hit us harder than anyone else.

I was about to post that same article and you beat me too it. We must think alike

The problem has gained more attention recently because of it hitting more high profile targets in the NFL but the Staph problem as it pertains to sports has been going on for at least ten years. There have even been some college and high school athletes who have died from it.

KING

That's because we hear about it locally. Many teams (like the Pats) don't disclose this kind of information publically, so you never really know how many infections there are out there.

Getting back to JJ, however... I can't help but wonder if this suit sees the light of day if he was able to catch on with another team.

The other thing is, isn't it funny how these guys all talk about how they have to take care of themselves and their families when it comes to money and contract issues, yet it couldn't POSSIBLY have anything to do with them when it comes to proper hygene and taking care of a surgical wound. I MUST be the Browns'/Clinic's fault they contracted the staph infection.

Frankly, I'm disappointed in Joe. I thought he was better than this...

He will have a very difficult time proving any of this. We're talking about locker rooms and multiple use facilities. By definition, these are going to be breeding grounds for this kind of thing no matter how hard the organization tries to keep the place clean. All the Browns have to show is they took every reasonable precaution they could (and, in the Browns' case, they could probably show they took extraordinary steps based on what some of the articles said). To prove negligence, you have to demonstrate a systematic failure to maintain the facility according to generally accepted practices. I seriously doubt they'll be able to provide nearly enough evidence to meet that standard.

Also, he's going to have to PROVE that he contracted the staph infection at the Browns facility (or the Clinic). That too is something he will not be able to prove. All the defense will have to do is request swipes from various parts of JJ's house, cars, etc. and there will be ample proof that could have contracted this on his own, away from any Browns/Clinic facility. I can't see how he'll be able win here.

This just feels like a financial Hail Mary to me and I think it reflects poorly on Joe.

With the bad economy and all I'm very happy that a couple of lawyers have found work. I hope I get called for the jury.

From the article...

Quote:

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Former Browns receiver Joe Jurevicius has filed a civil suit in Cuyahoga County Common Pleas Court against the Browns, the Cleveland Clinic, former team physician Dr. Anthony Miniaci and current team physician Dr. Richard Figler, for negligence and fraud that he alleges led to a staph infection that might have ended his NFL career.

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Without definitive proof that he contacted the staph infection at a Clinic or Browns facility, his case goes up in smoke. He won't be able to prove that. I think he's hoping that, given the bad PR the Browns have had in the past regarding staph infections, they'll settle out-of-court and he'll get a little extra cash.

I hope the Browns defend themselves on this one, but I wouldn't be surprised if they settled the case. They are in a "no-win" situation either way.

I don't know about "definitive proof" but he'd have to convince a jury.

Quote:

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Device 175698 Sterilized 6/25/09 Joe Smith

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Not only can he rebound and defend, he can run a sterilizer too? Wow, multi-talented guy.

Yeah... that will really help matters.