U.S. District Judge Anita Brody yesterday "granted final approval ... to a class-action settlement" worth an estimated $765M between the NFL and thousands of former players "over the long-term effects of repeated concussions," according to a front-page piece by Jeremy Roebuck of the PHILADELPHIA INQUIRER. Brody's 132-page endorsement "marked a significant step toward ending what has been one of the most protracted and publicly debated legal fights in the history of the league." The settlement "would not require the NFL to address allegations that have dogged it for years that top executives hid their knowledge on the risks and long-term complications of concussions from players." However, retired players will "not have to prove in court that their mental impairments are directly tied to injuries suffered during their time playing football." NFL auditors "estimate that more than 6,000 of the currently living 20,000 NFL retirees could be eligible to collect with an average payment of $190,000." Under the terms of the settlement's current version, retired players "would be compensated on a sliding scale based on age, the number of seasons played, and whether post-career injuries might have contributed to their diagnoses." Maximum awards of $5M would go to players "under age 45 who played five or more seasons in the NFL and require extensive treatment over their lifetimes for conditions" such as Parkinson's disease or ALS. Payouts of up to $4M would "go to families of deceased players who after death were found to have chronic traumatic encephalopathy" (PHILADELPHIA INQUIRER, 4/23). The deal means the NFL "may never have to disclose what it knew when about the risks and treatment of concussions." Brody wrote that the settlement is "not an admission of liability or wrongdoing or recognition of the validity of the plaintiffs' claims." The total NFL payouts "over 65 years, including interest" and $112M "sought for lawyer fees, is expected to exceed" $1B (ESPN.com, 4/22).
DEAL COVERS ALMOST ALL FORMER PLAYERS: In N.Y., Ken Belson reports the NFL as part of the deal "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." Critics of the settlement said that even after the revisions, the number and variety of diseases covered by the deal "were too small and that many players would receive only a small fraction of the multimillion-dollar payouts promised by the league after their age and years in the NFL were considered." Belson notes no payments will be made to players "until all appeals are exhausted." That could "create tension between the players who are eager for some restitution and others who continue to push for a better deal." Appeals "must be filed within 30 days." Attorney Christopher Seeger, one of the two lead counsels for the plaintiffs, said that if the settlement is appealed, it could take "six to nine months for the judges to hear the case," and if it is not appealed, retired players could "start filing claims within 90 to 120 days" (N.Y. TIMES, 4/23). In Minneapolis, Craig & Miller note Pro Football HOFer Paul Krause "declined to be part of the settlement." The 73-year-old Krause said, “The older players didn’t have a chance. I opted out because there’s nothing in there for the old guys. Once you scratch below the surface, a lot of guys should have opted out. There’s no help there for us" (Minneapolis STAR TRIBUNE, 4/23).
NOT OVER JUST YET: Attorney Craig Mitnick, who represented more than 1,000 former NFLers in the suit, said, "It's a really good feeling, but it's not over yet, because of the appellate process." Seeger said he has "a modest concern" about appeals. He added, "The most common question we've heard from retired players has been: How quickly can we get help? As long as no appeals are filed, the settlement process will begin to roll out its benefits as soon as this summer." The AP's Howard Fendrich notes once the settlement becomes effective, after any appeals are exhausted, eligible players -- "those who retired before July 2014 -- will have 180 days to register with court-appointed claim administrators, reserving the right to seek payment" (AP, 4/23). In N.Y., Christian Red notes unless the decision is appealed, which Seeger "admitted is a possibility, NFL retirees who suffer from conditions such as ALS, dementia or other neurocognitive injuries will start to receive benefits, although Seeger said it that would probably not occur as early as this summer." The benefits "would be administered either after the appeals process is exhausted or if no appeal is filed at all." Once the process does begin for administering benefits, Seeger said that it "will be handled by an independent claims administrator" (N.Y. DAILY NEWS, 4/23).
MEET ME HALFWAY: USA TODAY's Mihoces & Axon note during the settlement process, the deal "was adjusted twice at the urging" of Brody. That included removal of a $675M cap on "what the NFL will pay to players with diagnosed conditions." Both sides said that the $675M "was sufficient, but they agreed to make the amount open ended." The settlement also includes $75M -- "or more if needed -- for a program of baseline examinations of players for potential brain impairment, counseling and treatment." The $75M limit "was removed at Brody's request" (USATODAY.com, 4/22).
