Well, there is no doubt what the big NFL news from this past week is. Fireworks accidents, long believed to be the domain of drunken rednecks, is the NFL’s latest issue. Two separate incidents took place, both resulting in the loss of fingers for the players involved. And, oddly enough, that is perhaps the least talked about portion of the incident with Jason Pierre-Paul. Due to the complex nature of that incident, I’ll be dedicating a special section to it so that I can be as thorough as I should.
So let’s get to it, Addicts…
Jason Pierre Paul loses a finger in a fireworks accident, and that’s not even the wildest part of the story. Mandatory Credit: Brad Penner-USA TODAY Sports
Jason Pierre-Paul: While celebrating the 4th of July in Miami, the star pass rusher for the Giants suffered an injury involving a firework exploding in his hand. While one would think that story is big enough in itself, it’s only the starting point. Pierre-Paul is currently on the Franchise Tag for the Giants while in contract negotiations that were described as “far apart“. As a result of the accident, New York pulled it’s 4-year, $60 million, offer from the negotiating table. That’s a huge issue for any player on the Franchise Tag. But nope, it gets even more complex. After rumors had begun swirling as to the extent of the injury, ESPN’s Adam Schefter would tweet a picture of JPP’s actual medical charts which showed that the star defensive lineman was having his right index finger amputated.
For those who did/do not know, your personal medical records are federally protected documents that cannot be released without your, or a legal guardian’s, consent. It is covered under the Health Insurance Portability and Accountability Act (HIPAA). As luck would have it, from my non-writing professional life, I actually have a good deal of experience in teaching people about HIPAA laws and penalties. To dispel one of the early rumors regarding this breach of the law, the maximum penalty for violating HIPAA is $250k and 10 years in prison for any act that is “committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain or malicious harm”, per the American Medical Association website. Reports originally surfaced that the max penalty was a $50k fine. That is only for civil cases, which are predominantly accidental. You have to scroll down below the chart guys.
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This means there is a major legal question involved with this situation. One that is now being investigated by the Florida State’s Attorney General, as well as the federal government. There is also the potential for Jason Pierre-Paul to pursue a lawsuit against the hospital if it is proven that someone intentionally shared the information with ESPN. In the words of the great Andrew Brandt (one of my favorite Twitter follows): “There will be lawyers.”
On the actual football end of this whole ordeal is the fact that JPP now only has four fingers on his dominant hand, plus a broken thumb. Many people took to Twitter to proclaim that losing an index finger wasn’t that big a deal. Folks largely cited Ronnie Lott as proof…even though Lott only had the tip of his pinky on his non-dominant hand removed. Not the same thing. I could look up plenty of expert medical opinions to back up my stance here, but I’ll keep it simple. Grab an object with a cloth covering. Now grab it without using your index finger. Pick up a heavy object with one hand. Now pick it up without using your index finger. If’ you’re an average human being, you noticed a difference. Pierre-Paul will never be able to form a complete fist with his right hand. That’s a big deal, and it is why the Giants will not give him a real contract offer until after this season is over.
There is a lot of gray area in reporting, but it feels like Adam Schefter definitely crossed a line. Mandatory Credit: Brian Spurlock-USA TODAY Sports
- My take: While you could say that there is no difference between posting a picture of a medical record and simply citing a source when you report information like this…well, there actually is. It’s a big legal difference. Not for Schefter. No, he’s covered. But, if this was someone from the hospital, there will be some individual who learns a very hard lesson from all of this. And Schefter should have known that, and protected his source. Schefter could have simply stuck with the “per sources” routine. He has the clout to do that. And the publication of medical records is simply a line that should not be crossed.
- As for JPP himself, do not underestimate the severity of this injury. Pass rushers need their hands. They need to be able to grab, pull, and make a fist. His ability to do that is absolutely in question now.
Next: Onto the teams...