MIAMI (CBSMiami) – Former Miami Dolphins player and Hall of Fame quarterback Dan Marino has filed a lawsuit against the NFL claiming players were misled and that information about football-related brain injuries was not revealed.

“13” is one of 15 former players to file a civil action complaint in Philadelphia last week, alleging the NFL” had knowledge…that a history of multiple concussions has been associated with players’ increased risk of future brain deficits.”

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Two other South Florida residents, Richard Bishop and Toddrick Poole McIntosh, are also listed as plaintiffs in the complaint.

McIntosh said he lives with the consequences of multiple concussions.

“I notice sometimes when I walk, my equilibrium’s off, my balance is off, or I have a headache. For years we thought that was part of the game. Coming to find out this has something to do with concussions in the NFL,” McIntosh told CBS4’s Lauren Pastrana in an interview Monday night.

McIntosh played pro-football for several teams during the mid-90s. He now lives in Pembroke Pines.

He’s listed in the lawsuit, along with Hall of Famer Marino, which states players suffer “from symptoms of brain injury caused by the repetitive, traumatic sub-concussive head impacts… sustained during NFL games and/or practices.”

Tuesday morning South Florida sports radio fans lit up the phones when they learned of Marino’s involvement in the lawsuit.

Some fans who called CBS4 sports partner 940 WINZ said they didn’t believe Marino signed on for the money.

“He has more money than the Marlins and Panthers payroll combined,” said caller, Dale.

Others believe Marino’s involvement will highlight the long-term effects of concussions.

“This is one of those momentum-type people that will really start creating a positive change as far as the NFL goes,” said caller, Shannon.

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The lawsuit accuses the league of “misrepresenting pertinent facts that players needed to be aware of to make decisions concerning their own safety with respect to return-to-play,” and “failing to adopt rules and effectively and reasonably enforce those rules to minimize the risk of players suffering debilitating concussions.”

“We’re warriors so to speak. That’s not smart, running out, banging your head, killing yourself. But that’s what we do. We’re football players,” McIntosh explained.

Just last week, President Obama hosted the “Healthy Kids and Safe Sports Concussion Summit” at the White House to address the growing risk of concussions in kids and teens.

“We have to change a culture that says you suck it up. Identifying a concussion and being able to self-diagnose that this is something that I need to take care of doesn’t make you weak — it means you’re strong,” President Obama said.

Read the documents: Marino vs NFL

While some 5,000 former players have already sued the NFL, McIntosh is glad Marino has joined the fray, adding his star power to the issue

“You got guys like Dan Marino and guys like Charles Haley, known guys in the Hall of Fame that have these same issues. I’m not afraid to jump on the bandwagon. If they take care of these high profile guys, they’ll definitely take care of me,” McIntosh said.

A proposed $765 million settlement between thousands of players and the NFL is in limbo as a judge considers whether that amount is actually enough for players dealing with the debilitating effects of repeated concussions.

The current lawsuit seeks unspecified financial damages as well as medical monitoring for players.

We reached out to Marino’s attorney for comment, but have not yet heard back.


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