NFL Settles Concussion Lawsuits

On August 29th, 201, the court-appointed mediator in the consolidated concussion lawsuits filed against the NFL and other entities announced that the players and the NFL had reached a tentative agreement.  The lawsuits, which had been widely reported in the wake of several high profile deaths allegedly linked to concussions suffered while playing football, were filed by over 4,500 retired football players and allege a host of claims.  The players’ consolidated lawsuit, which seeks monetary damages, a declaration of liability, injunctive relief and medical monitoring, can be found here.

The proposed settlement still needs to be approved by United States District Judge Anita B. Brody, who is presiding over the cases.  Upon preliminary approval, the former players will then have the opportunity to object.

The settlement would include all players who have retired as of the date of preliminary approval of the settlement, and would provide the following monetary payments: (a) up to $75 million for medical examinations, (b) $675 million for former players who have suffered cognitive injuries or their families, (c) $10 million for research and education, and (d) administrative costs and legal fees.

If approved, the NFL would pay approximately half of the settlement within the first three years with the remaining portion to be paid over the following seventeen years.  Eligible players would apply for a baseline medical assessment, which assessment would then be used to determine any qualifying diagnosis.  The amount to be paid to any player depends on the diagnosis and other factors such as the length of time the player was in the NFL.  If the $675 million fund is insufficient to pay all eligible claims, the settlement administrator can recommend to the Court that the NFL pay up to an additional $37.5 million to the settlement fund.

While the amount of money the NFL would pay pursuant to the proposed settlement may seem like a large amount, the consensus is that the settlement would be a victory for the NFL.  Without a settlement, the NFL would likely have had to face either a certified class of former players in a large trial or a multitude of individual lawsuits.  Either option would have lasted years.  Of course, players currently suffering from the lasting effects of head trauma need immediate attention and may not be able to wait for the trials and appeals to run their course.

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