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NFL Concussion Settlement Approved; payments of up to $5 million to players


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NY TIMES

A federal district court judge on Wednesday gave her final approval to the settlement brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major hurdle in ending one of the most contentious legal battles in league history.

The settlement is designed to provide payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring of all players to determine when or if they may qualify for a payment and $10 million for education about concussions.

The landmark deal was originally reached in August 2013, but Judge Anita B. Brody twice asked the two sides to revise their agreement, first to uncap the amount of damages that can be paid for diagnosable conditions and then to remove the limit on how much can be spent on medical monitoring.

As part of the deal, the N.F.L. insisted that all retired players — not just the 5,000 or so who sued the league — be covered by the settlement as a way to fend off lawsuits in the future. But about 200 players opted out of the settlement to preserve their right to continue fighting the league.

Kevin Turner, a former N.F.L. player who has A.L.S., is the co-lead plaintiff in the suit.

JOSH RITCHIE FOR THE NEW YORK TIMES

Critics of the settlement said that the number and variety of diseases covered by the deal was too small, and that many players would receive only a fraction of the multimillion-dollar payouts promised by the league after their age and years in the N.F.L. were considered. They also contended that the settlement needed to acknowledge more classes of plaintiffs, not only those with diagnosable diseases and those without them.

In her ruling, Judge Brody tried to anticipate the arguments players would make if they appealed the case to a higher court, something that is widely expected.

No payments will be made to players until all appeals are exhausted, which could take months, if not years.

Some players contended that the settlement should be broader to include more generic conditions, like memory loss, irritability, sleep deprivation and other problems they claim were a result of playing football. Other plaintiffs claimed that the settlement should include a provision that allowed for future scientific discoveries, like a test to diagnose chronic traumatic encephalopathy, a brain disorder associated with repeated head hits, in living patients. The disease can now only be diagnosed posthumously.

Document | N.F.L. Concussion Settlement Ruling A federal district court judge on Wednesday gave her final approval to the settlement brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions.

Some critics contended that the N.F.L. could have spent more to settle the case. When the deal was announced in August 2013, the league agreed to pay up to $675 million to players with diagnosable diseases. Under pressure from the judge, that limit was removed. But given the narrow number of diseases covered, critics claimed that the N.F.L. would only pay out a fraction of what it promised.

If an appeals court overturns part or all of the settlement, the case is likely to revert to Judge Brody. She is also expected to have jurisdiction over the cases involving the plaintiffs who opted out of the settlement.

Lawyers for the players have argued that the settlement is favorable because it would have been difficult to beat the N.F.L. in a trial. They noted that Judge Brody never ruled on the N.F.L.’s argument that the case should be dismissed because the collective bargaining agreement between the players and the owners governed this dispute. Other judges have sided with the league on this point.

In a trial, the players would also have had to prove that the concussions they received in the N.F.L. led to their current conditions, a major hurdle given the lack of documentation. Under the current deal, players will not have to document that they had any concussions to be eligible for a payment, the lawyers said.

The concussion settlement was originally reached in August 2013, but Judge Anita B. Brody twice asked the two sides to revise their agreement.

U.S. DISTRICT COURT IN PHILADELPHIA, VIA ASSOCIATED PRESS

The lawyers for the plaintiffs encouraged the players to agree to the settlement because it is better to get some money to players who are sick now and coverage for those who may be sick in the future.

When the case is fully settled, Judge Brody will have to rule on how much the lawyers representing the players will be paid. They have asked for, and the N.F.L. has agreed to pay, $112 million in fees.

The N.F.L. has also spent millions of dollars to defend itself. From April 2013 to March 2014, the league paid $7.4 million to Paul, Weiss, the firm most involved in representing the league in the case.

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It's not close to over. This will drag on, and on, and on.

 

The original deal that they struck to was so lopsided toward the NFL, it was ridiculous. Also, it prevented any future lawsuits. 

 

The sport will be in trouble over this issue.

It would help if players would stop doing head shots to other players..

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It sounds like it might be a while yet before these men get paid.   However,  I am happy  to hear that this is moving along and eventually coming to an end.  Darryl Talley former Bills linebacker suffers from neurolgical disorders.  There was a big write up about his disorder around the Christmas Holiday.  Really sad

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