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Leagues and Governing Bodies

Just Over 200 Retired NFL Players Opt Out Of Concussion Settlement With League

Former NFLers and survivors of other players "had a chance to separate themselves from a tentative settlement of concussion lawsuits filed by more than 5,000 ex-players against the league," but only 220 "'opt-out' requests were received by mail prior to the Oct. 14 deadline," according to Gary Mihoces of USA TODAY. Those who "didn't opt out are eligible for benefits and potential monetary awards, but they surrender the right to bring future lawsuits against the league related to their cases." Potential members of the settlement classes "totaled 33,984, including 25,060 former NFL players and 8,924 relatives of deceased players." Listed among those "who opted out" were reps of the estate of late NFLer Junior Seau, as well as Pro Football HOFers Tony Dorsett and Joe Delamielleure. U.S. District Court Judge Anita Brody on Nov. 19 will hold a hearing in Philadelphia "on whether to grant final approval to the tentative settlement." Objections filed in court by ex-players "argue that the proposed settlement doesn't go far enough in providing awards to players suffering various types of brain impairments, that it is overly friendly to the NFL, and that ex-players were not sufficiently informed about specifics of the agreement." The settlement would "provide awards" of up to $5M for ALS, $3.5M for Parkinson's and Alzheimer's and $3M for "neurocognitive impairment such as dementia." But player attorney Michael Kaplen said that it "doesn't go far enough because it denies compensation for other conditions such as memory, concentration and behavioral problems" (USATODAY.com, 11/3). In N.Y., Ken Belson notes the players by not taking part in the settlement "have preserved the right to continue suing the league for injuries related to their concussions and head hits." It is "unclear, though, how much success a small group will have." With "so few players opting out of the settlement, the judge overseeing the case may not feel compelled to force the league and the plaintiffs to make wholesale changes to the agreement" (N.Y. TIMES, 11/4).

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