NFL concussion settlement granted final approval by judge - LA Times

 

A federal judge granted final approval Wednesday to the settlement of long-running concussion litigation between the NFL and retired players.

In a 132-page opinion in U.S. District Court in Philadelphia, Judge Anita Brody called the deal "fair, reasonable and adequate."

Experts for the NFL and retired players project that about 6,000 of the estimated 19,000 retired players would be eligible for compensation, but only 3,600 of them would choose to participate.

“Today’s decision powerfully underscores the fairness and propriety of this historic settlement,” NFL Executive Vice President and general counsel Jeff Pash said in a statement.

Pash added that the settlement would bring “prompt and substantial benefits” to retired players and their families.

The agreement compensates retired players who suffer from a variety of problems, including Alzheimer's disease and amyotrophic lateral sclerosis. Monetary awards will be determined based on scale that takes into account a player's seasons in the NFL, age at diagnosis and other criteria.

The maximum payout for a player with Alzheimer's, for example, will be $3.5 million. But awards decrease significantly when offsetting factors are considered. The average payout for Alzheimer’s is expected to be $190,000 when age and experience are factored in.

Though there is no limit to the overall amount the NFL could pay out to the retired players, the individual award amounts are capped at amounts that range from $1.5 million for Level 1.5 dementia to $5 million for ALS.

"Despite the difficult health situations retired players face today and that many more will unfortunately face in the future, they can take comfort that this settlement's benefits will be available soon, and will last for decades to come,” said Christopher Seeger and Sol Weiss, co-lead counsels for the retired players, in a statement.

The final settlement revises a deal first reached by NFL and retired players in August 2013 to remove a $675-million cap on payouts to retired players and make other adjustments.

“We are pleased that the settlement was substantially improved as a result of objections that we made,” said Steven F. Molo, lead attorney for retired players who objected to terms of the deal. “We are reviewing the court’s detailed opinion to determine where things go next.”

An appeal of Brody’s decision would delay any benefits until the matter is resolved.

The deal covers all retired players or their estates who didn't opt out by the deadline last fall, regardless of whether they sued the NFL. Around 200 players or their families -- including that of late San Diego Chargers great Junior Seau -- decided to not participate in the settlement. They can pursue litigation on their own.

Retired players and their families have 180 days to register for the settlement. They’ll be ineligible for payouts if they don’t.

An analysis by the plaintiffs estimated an average 12-month wait for retired players from filing a claim to receiving a payout. In some cases, the wait could be as long as 24 months.

Attorneys for dozens of retired players filed the first concussion lawsuit against the NFL in Los Angeles Superior Court in July 2011. The case grew to more than 300 lawsuits which were consolidated in federal court.

NFL concussion settlement granted final approval by judge - LA Times