Huge Settlement Didn’t Ease Pain

Charlie Krueger’s doctor prescribes Tylenol to relieve the chronic pain in his left knee. But every once in a while, he will switch to aspirin instead, against his doctor’s advice.

“Tylenol isn’t the greatest at relieving pain, you know,” Krueger said. “Aspirin, now there’s an effective drug for you.”

Problem is, neither aspirin, nor Tylenol, nor the $1 million he received from the San Francisco 49ers as part of an injury settlement in 1989, can eliminate Krueger’s pain. Psychological, as well as physical.

Krueger played 16 seasons for the 49ers, twice reaching the Pro Bowl before retiring in 1973, but now holds little affection for a sport he says routinely discards its former players like so many used parts. He won one of the most significant injury settlements in National Football League history in August 1989, when a judge awarded him $2.36 million in damages stemming from knee surgery that was performed in 1963. Krueger eventually settled out of court for $1 million.

“These people,” he said, referring to NFL owners, “are the meanest and cheapest employers I’ve ever worked for. They retired my jersey in San Francisco. That means if they can (mess) with me, they can (mess) with anybody. I gave them 16 years. I played every game I ever dressed for. But they fight everything, right down to the last nickel.”

Like many former NFL players, Krueger’s injury-related problems did not surface until a few years after his career ended. In fact, before leaving the 49ers, he requested a complete physical examination. But the team told him then that about all he had was high cholesterol, and offered him some medication. Krueger also had his oft-broken nose repaired so he could breathe easier.

Less than four years later, however, the pain in his left knee had grown so intense that he sought further medical help. The result of routine X-rays: Krueger had been living without a ligament in his knee since 1963, when surgery was performed by then-team physician Lloyd Milburn. Milburn had removed the ligament but never told Krueger, who missed only one game over the next 10 seasons.

Upon learning of his condition, Krueger filed for the NFL’s $65,000 disability benefit, but became enraged when told he could not receive the money because he had not filed his request within the allotted 36 months after retirement. Krueger eventually was granted the $65,000 by an arbitrator, but sued the 49ers for damages. After nearly a decade of appeals, Krueger finally received the settlement from the 49ers.

“The NFL knew then, and they knew later, and they know now that they have a problem with injuries, and they fight everything in court,” Krueger said. “For every dollar they spend on a lawyer, it must save them $30 in other expenses.”

Krueger’s situation, in fact, has heightened the awareness of NFL officials.

“If there were mistakes made, I believe that all parties -- the league, individual team doctors and players -- have become more aware since that time of the potential long-term risks involved in the care and treatment of injuries,” said Joe Browne, the NFL’s vice president of communications.

While Krueger was heartened by his court victory over the 49ers, the money has done little to quell the chronic symptoms left over from his NFL career.

Climbing a flight of stairs can take several minutes. Squatting is out of the question. So are pain-free days, even when he does sneak the aspirin.

But there are some small victories. Like the time he recently drove to see a friend, only to realize with a sense of gloom that the house had four floors. Once he got inside, however, he felt a wave of relief. All the stairs had hand-rails.

“If I knew then what I know now, I’d never have played,” he said. “I don’t miss football one bit. I miss it like a car wreck.”