A Cook County judge on Tuesday removed the Bears and trainer Tim Bream from a lawsuit filed by former offensive tackle Blake Brockermeyer that alleges team doctors allowed Brockermeyer to play the final month of the 2001 season after he injured his right shoulder.
Circuit Court Judge Jeffrey Lawrence ruled Brockermeyer’s dispute with the Bears was beyond his jurisdiction and instead governed by the NFL collective bargaining agreement.
The language of the CBA requires disputes such as Brockermeyer’s to be handled through binding arbitration and not through the courts.
Though the judge did not release team doctors Gordon Nuber and Mark Bowen from the lawsuit, the Bears believe Tuesday’s ruling indicates that may be forthcoming. The doctors are not considered employees of the team or under the umbrella of the league’s CBA.
“We are very confident that once all discovery is completed and the facts are presented, the claims against Dr. Nuber and Dr. Bowen ultimately will be found to be without any merit or validity whatsoever,” Bears President Ted Phillips said. “We are very pleased with the decision as it applies to the Bears and Tim Bream. The judge’s ruling represents a well-reasoned analysis and application of the federal labor laws.”
Brockermeyer, released by the Bears before the 2002 season, was seeking $50,000 from each defendant. He played last season for the Broncos and had tryouts last week with the Bills and Giants, making his claim of irreparable harm to his playing career harder to prove.
Brockermeyer filed the suit in November, one day after he and the Broncos played the Bears in Denver.
