Judge Approves $765 Million Settlement in NFL Concussion Lawsuit
Thousands of retired football players from the Eastern Seaboard to Provo, Utah will be able to get the medical care they need as a result of a lawsuit against the NFL regarding concussion injuries. More than 5,000 players accused the National Football League of purposely concealing the dangers of concussions while glorifying the kind of high-risk behavior that causes them. The settlement will cover the injuries that have resulted in consequences ranging from neurological disorders to the wrongful death of some players due to traumatic brain injury.
According to lead plaintiffs’ lawyer Christopher Seeger, individual awards will be capped at $5 million for Alzheimer’s disease, $4 million for families of those diagnosed with post-mortem chronic traumatic encephalopathy (CTE) and $3 million for those with dementia. The settlement applies to all players who retired on or before July 7, 2014 and will span the next 65 years. According to the lawyer, no payments will be made until all appeals are exhausted.
The settlement also includes a payout of at least $75 million for a program to examine players for potential brain injuries, treatment and counseling.
Beyond the settlement, the NFL will pay fees to every former player’s lawyer.
While players from the West Coast to Provo are praising the deal, not every player is happy about it. Some think the settlement should cover more generic ailments such as sleep deprivation, irritability and memory loss. Michael Kaplen, a New York lawyer who practices brain injury law stated that excluding mild traumatic injuries from the settlement was a “grave injustice.”
In addition, the settlement could have tried to prevent the wrongful death of future players due to CTE by channeling funds into researching the disease and how to diagnose it in living patients.
While the settlement covers over 9,000 currently retired players from the Northeast to Provo, the NFL could face similar lawsuits in the future if the league does not change the way it handles cases of head trauma or wrongful death. The settlement means that the NFL does not have to disclose how much it knew about concussion-linked brain problems, or when.
The plaintiffs’ lawyers encouraged the players to take the settlement, as in a trial situation players would have to prove that concussions received during their time in the NFL directly led to their current conditions. Whether in personal injury or wrongful death suits in the future, this documentation would remain a hurdle. Under the current deal, such documentation is not required.
While the deal is less than perfect, retired football players from Provo to the Mid-Atlantic and their families will finally be able to get some closure while exposing the NFL for facilitating brain injuries.
Natalie Benoy is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter
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