Early this month, a federal judge granted preliminary approval to a landmark deal that would compensate thousands of former NFL players for concussion-related claims. The ruling by U.S. District Judge Anita Brody in Philadelphia came about two weeks after the NFL agreed to remove a $675 million cap on damages. Brody had previously questioned whether that would be enough money to pay all claims. More than 4,500 former players have filed suit, some accusing the league of fraud for its handling of concussions.
The settlement is designed to last at least 65 years and cover retirees who develop Lou Gehrig’s disease and other neurological problems. The original settlement included $675 million for compensatory claims for players with neurological symptoms, $75 million for baseline testing and $10 million for medical research and education. The NFL would also pay an additional $112 million to the players’ lawyers, for a total payout of more than $870 million. The revised settlement eliminates the cap on overall damage claims but retains a payout formula for individual retirees that considers their age and illness. A young retiree with amyotrophic lateral sclerosis, or Lou Gehrig’s disease, would receive $5 million, a 50-year-old with Alzheimer’s disease would get $1.6 million and an 80-year-old with early dementia would get $25,000.
It is not immediately clear how pending or future workers’ compensation claims will or will not integrate the proceeds of these settlements, or be allowed offsets to claimed compensation benefits.
Meanwhile Reuters reports that the NCAA has agreed to settle a head injury lawsuit by providing $70 million for concussion testing and diagnosis of student athletes in a move to change the way colleges address sports safety, according to court documents filed on Tuesday. The class-action agreement, if approved by a federal judge and class members, would apply to student athletes in all sports who played at schools regulated by the National Collegiate Athletic Association (NCAA) at any time in the past and up to 50 years into the future.
While the money in the NFL settlement was intended to resolve all of the personal injury claims for the plaintiffs’ out of pocket damages, Tuesday’s proposed NCAA settlement was designed to pay only for research and a medical monitoring program.
Attorneys involved in the case said that “If the settlement is approved, overnight it’s going to change the way sports are played.” The NCAA settlement addresses a number of guidelines, including that a student with a concussion will not be allowed to return to play or practice on the same day and must be cleared by a doctor. Also, medical personnel must be present for all games and available for practices. The settlement also establishes a process for schools to report concussions.
The NCAA lawsuit was first filed in 2011 on behalf of former Eastern Illinois football player Adrian Arrington, who said he suffers from headaches and seizures as a result of five documented concussions. The proposed settlement covers other cases. Not all plaintiffs’ attorneys were happy with the proposed settlement. Attorney Jay Edelson told U.S. District Judge John Lee at Tuesday’s hearing in Chicago that it benefited the NCAA, rather than injured players. Edelson said players already received medical testing and the settlement would not help them financially to recover from injuries. U.S. District Judge John Lee set the next hearing on the case for Sept. 19, at which time he may decide on whether to grant a preliminary approval for the settlement. More than 450,000 NCAA student athletes compete in 23 sports. The NCAA makes about $740 million revenue each year, according to court documents.
As the NFL approaches its exit strategy on the concussion cases, it is becoming deeply involved in the new claims filed in San Francisco this year by former players seeking damages for what they allege to be the illegal distribution of painkillers. Former NFL wide receiver J.D. Hill, former Chicago Bears quarterback Jim McMahon and six other former NFL players claim the league illegally gave them narcotics and other painkillers that led to addiction and long-term medical complications in a class-action lawsuit filed this May in San Francisco federal court.