In addition to raising concerns about the size of the NFL’s $760M concussion settlement, U.S. District Court Judge Anita Brody today in her opinion rejecting preliminary approval also expressed concern that players who would receive payments could not then sue the NCAA. “I have additional concerns including, but not limited to, the adequacy of the BAP Fund and the release of the NCAA and other amateur football organizations,” she said. “These concerns will also have to be addressed.” The BAP Fund is the $75M baseline assessment program fund that would be created by the settlement. Players are encouraged to use the BAP to obtain a diagnosis that would then be used to determine if they are eligible for a payment.
The NFL is concerned that if it does not include the NCAA provision, the collegiate body, if it loses concussion litigation to former collegiate players who played professionally, could then sue the league. The theory is the NCAA would then argue some of the impairment suffered by the players occurred at the NFL level. Brody requested the plaintiffs submit an economists' report they cite as supporting the size of the settlement.
