New England Patriots wide receiver Julian Edelman (11) is tackled by Seattle Seahawks free safety Earl Thomas (29) and cornerback Byron Maxwell (41) in the second quarter in Super Bowl XLIX.(Photo: Kyle Terada-USA TODAY Sports)
A federal judge on Wednesday approved a settlement to resolve a concussion lawsuit between the NFL and thousands of former players.
U.S. District Court Judge Anita Brody issued the 132-page ruling in Philadelphia saying the settlement was "fair, reasonable, and adequate."
The final settlement comes about 3½ years after the first of more than 200 suits filed by more than 5,000 retired players. The suits were consolidated into a master complaint in the U.S. District Court for the Eastern District of Pennsylvania.
The agreement, which will span the next 65 years, figures to cost the NFL $900 million or more.
That will include payment of monetary awards to retirees diagnosed with certain neurological conditions, funding for a program to monitor, diagnose and counsel ex-players and payment of fees to the retired players' attorneys.
"Nearly four years ago, retired NFL players embarked on a mission that many thought to be impossible: to obtain security and care for the devastating neurocognitive injuries they were experiencing," Christopher Seeger and Sol Weiss, co-lead counsel for the plaintiffs, said in a statement.
"Today, these courageous men and their families have made history. 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."
"With over 99 percent participation, it is clear the retired player community overwhelmingly supports this agreement."
Barring any appeal, plaintiffs' attorneys said former players and their families would start receiving benefits this summer.
Under the settlement, the NFL makes no admission of guilt. To qualify for compensation, ex-players do not have to show their conditions are related to NFL football.
In a statement, Jeff Pash, the NFL's executive vice president and general counsel, said, "As a result of the settlement, retirees and their families will be eligible for prompt and substantial benefits and will avoid years of costly litigation that — as Judge Brody's comprehensive opinion makes clear — would have an uncertain prospect of success. … We look forward to implementing the terms of the settlement and continuing to work with our players, coaches and medical staffs to enhance the safety and benefits of football."
Some ex-players and their attorneys objected to the settlement in court filings and at a hearing in November. There could be a legal appeal of the final approval.
During the settlement process, the deal was adjusted twice at the urging of the judge.
That included removal of a $675 million cap on what the NFL will pay to players with diagnosed conditions. Both sides said the $675 million was sufficient, but they agreed to make the amount open ended.
Depending on age of diagnosis and years played in the NFL, there are awards of up to $5 million for a diagnosis of ALS (amyotrophic lateral sclerosis or Lou Gehrig's Disease), up to $4 million for diagnosis after death with the brain disease chronic traumatic encephalopathy (CTE) and up to $3.5 million for Parkinson's and Alzheimer's.
The settlement also included payments of up to $3 million for neurocognitive impairment such as "moderate dementia" and up to $1.5 million for conditions such as "early dementia."
The settlement also includes $75 million — or more if needed — for a program of baseline examinations of players for potential brain impairment, counseling and treatment. The $75 million limit was removed at Brody's request.
Beyond the amount of the settlement, the NFL will pay fees to the former players' attorneys.
The judge will have final say in the amounts of the payments, but the parties have agreed not to contest fees up to $112.5 million. The steering committee set up to handle the retirees' suits includes lawyers from 15 firms.
According to court documents, the settlement will apply to about 25,000 former NFL players, provided they were retired by July 7, 2014 — the date the judge gave preliminary approval to the tentative agreement.
The settlement class also includes about 9,000 relatives of deceased players.
Retirees had the choice to "opt out" of the settlement and retain their rights to continue suits against the league. According to court documents, only about 200 opted out.
Among those who opted out were former Dallas Cowboys running back Tony Dorsett and the family of late San Diego Chargers/Miami Dolphins/New England Patriots linebacker Junior Seau. In 2012, Seau died of a self-inflicted gunshot wound. Examination of his brain after his death showed signs of CTE.
The settlement applies only to retired players.
In coming decades, future retirees could file similar suits.
They would face the same legal challenges that the NFL presented in the just settled cases. The NFL had argued the players were pre-empted from suing because they were covered by collective bargaining agreements and required to solve disputes through arbitration.
The NFL also made arguments involving whether players knowingly assumed risks with participation, whether statues of limitations had run out on filing suits and whether there was any proof the players' conditions were linked to NFL football.
In addition, the NFL's handling of concussions has changed since the decades addressed in the suits. The league now requires concussed players be removed from practice or play and not return until receiving multiple layers of medical clearance. The league has added rules against hits to the head and neck and stiffened penalties, including fines and suspensions. It has added a neurological consultant on the sidelines for games, as well as athletic trainers observing from the press box.
Since 2007, the 88 Plan administered by the NFL Player Care Foundation has distributed $32 million to ex-players with dementia, Alzheimer's and Parkinson's, according to the league.
***
In August 2011, former Atlanta Falcons defensive back Ray Easterling was the lead plaintiff in the first federal concussion suit filed against the NFL. He was among seven players in that suit filed in Philadelphia, including former Chicago Bears quarterback Jim McMahon.
In April 2012 Easterling, 62, died of a self-inflicted gunshot wound at his home in Richmond, Va. The medical examiner's report later said an examination of his brain showed signs of CTE.
Easterling, who suffered from depression and dementia, played for the Falcons from 1972-1979. The suits alleged CTE is linked to concussions and repetitive head trauma. NFL attorneys have argued in court that there is no specific proof of a link between football collisions and CTE.
In August 2013 the two sides announced a tentative, $765 million settlement. The agreement included a $675 million Monetary Award Fund to compensate former players with qualifying diagnoses of neurological conditions.
In January 2014 Brody rejected the tentative settlement, questioning whether it was sufficiently funded.
A revised settlement reached in June 2014 removed the cap. The judge granted preliminary approval the following month, pending a hearing on whether to give final approval.
The hearing was held in November in Philadelphia. Objectors argued that the settlement was insufficient to meet the needs of ex-players and that that NFL was getting off too easy. One objection filed with the court said, "The NFL has the ability to pay far more than the inadequate sum agreed to."
The day after the Super Bowl, Brody issued an order recommending changes to improve the "fairness, reasonableness, and adequacy" of the agreement.
Under the revised settlement, the estates of players diagnosed after death with CTE would be eligible for awards. But that would only apply to diagnoses made prior to the July 7, 2014, date that the judge gave preliminary approval.
The judge recommended the CTE benefit apply to all players diagnosed up until the date of final approval.
She recommended that seasons played in the NFL's European league (known as the World League of American Football, the NFL Europe League, and the NFL Europa League) should count toward eligibility for awards.
The judge said the settlement should provide a "hardship provision" to help retirees with the legal fees for appeals of their settlement benefits.
And she said the baseline assessment program should be funded beyond the $75 million allotted, if necessary.
The two sides agreed to make the recommended changes. In the case of European play, each season will count toward a half-season of eligibility for monetary awards.
***
In 2007 the NFL implemented offseason baseline testing of brain function for all players — for comparison use following a concussion to determine when they are able to return to play. In 2009 the league announced "stricter" guidelines on return to play, saying any player diagnosed with a concussion could not return to play until passing a baseline test and being cleared by the team physician and an independent neurological consults.
In 2010 the NFL announced that "more significant discipline, including suspensions, will be imposed on players that strike an opponent in the head or neck area in violation of the rules.''
Prior to the recent Super Bowl, the NFL announced that its concussion total dropped to a four-year low during the 2014 preseason and regular season. The league said there were 202 concussions in 2014 in preseason and regular season practices and games. That's down from 229 in 2013, 261 in 2012 and 252 in 2011.
A federal judge on Wednesday approved a settlement to resolve a concussion lawsuit between the NFL and thousands of former players.
U.S. District Court Judge Anita Brody issued the 132-page ruling in Philadelphia saying the settlement was "fair, reasonable, and adequate."
The final settlement comes about 3½ years after the first of more than 200 suits filed by more than 5,000 retired players. The suits were consolidated into a master complaint in the U.S. District Court for the Eastern District of Pennsylvania.
The agreement, which will span the next 65 years, figures to cost the NFL $900 million or more.
That will include payment of monetary awards to retirees diagnosed with certain neurological conditions, funding for a program to monitor, diagnose and counsel ex-players and payment of fees to the retired players' attorneys.
"Nearly four years ago, retired NFL players embarked on a mission that many thought to be impossible: to obtain security and care for the devastating neurocognitive injuries they were experiencing," Christopher Seeger and Sol Weiss, co-lead counsel for the plaintiffs, said in a statement.
"Today, these courageous men and their families have made history. 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."
"With over 99 percent participation, it is clear the retired player community overwhelmingly supports this agreement."
Barring any appeal, plaintiffs' attorneys said former players and their families would start receiving benefits this summer.
Under the settlement, the NFL makes no admission of guilt. To qualify for compensation, ex-players do not have to show their conditions are related to NFL football.
In a statement, Jeff Pash, the NFL's executive vice president and general counsel, said, "As a result of the settlement, retirees and their families will be eligible for prompt and substantial benefits and will avoid years of costly litigation that — as Judge Brody's comprehensive opinion makes clear — would have an uncertain prospect of success. … We look forward to implementing the terms of the settlement and continuing to work with our players, coaches and medical staffs to enhance the safety and benefits of football."
Some ex-players and their attorneys objected to the settlement in court filings and at a hearing in November. There could be a legal appeal of the final approval.
During the settlement process, the deal was adjusted twice at the urging of the judge.
That included removal of a $675 million cap on what the NFL will pay to players with diagnosed conditions. Both sides said the $675 million was sufficient, but they agreed to make the amount open ended.
Depending on age of diagnosis and years played in the NFL, there are awards of up to $5 million for a diagnosis of ALS (amyotrophic lateral sclerosis or Lou Gehrig's Disease), up to $4 million for diagnosis after death with the brain disease chronic traumatic encephalopathy (CTE) and up to $3.5 million for Parkinson's and Alzheimer's.
The settlement also included payments of up to $3 million for neurocognitive impairment such as "moderate dementia" and up to $1.5 million for conditions such as "early dementia."
The settlement also includes $75 million — or more if needed — for a program of baseline examinations of players for potential brain impairment, counseling and treatment. The $75 million limit was removed at Brody's request.
Beyond the amount of the settlement, the NFL will pay fees to the former players' attorneys.
The judge will have final say in the amounts of the payments, but the parties have agreed not to contest fees up to $112.5 million. The steering committee set up to handle the retirees' suits includes lawyers from 15 firms.
According to court documents, the settlement will apply to about 25,000 former NFL players, provided they were retired by July 7, 2014 — the date the judge gave preliminary approval to the tentative agreement.
The settlement class also includes about 9,000 relatives of deceased players.
Retirees had the choice to "opt out" of the settlement and retain their rights to continue suits against the league. According to court documents, only about 200 opted out.
Among those who opted out were former Dallas Cowboys running back Tony Dorsett and the family of late San Diego Chargers/Miami Dolphins/New England Patriots linebacker Junior Seau. In 2012, Seau died of a self-inflicted gunshot wound. Examination of his brain after his death showed signs of CTE.
The settlement applies only to retired players.
In coming decades, future retirees could file similar suits.
They would face the same legal challenges that the NFL presented in the just settled cases. The NFL had argued the players were pre-empted from suing because they were covered by collective bargaining agreements and required to solve disputes through arbitration.
The NFL also made arguments involving whether players knowingly assumed risks with participation, whether statues of limitations had run out on filing suits and whether there was any proof the players' conditions were linked to NFL football.
In addition, the NFL's handling of concussions has changed since the decades addressed in the suits. The league now requires concussed players be removed from practice or play and not return until receiving multiple layers of medical clearance. The league has added rules against hits to the head and neck and stiffened penalties, including fines and suspensions. It has added a neurological consultant on the sidelines for games, as well as athletic trainers observing from the press box.
Since 2007, the 88 Plan administered by the NFL Player Care Foundation has distributed $32 million to ex-players with dementia, Alzheimer's and Parkinson's, according to the league.
***
In August 2011, former Atlanta Falcons defensive back Ray Easterling was the lead plaintiff in the first federal concussion suit filed against the NFL. He was among seven players in that suit filed in Philadelphia, including former Chicago Bears quarterback Jim McMahon.
In April 2012 Easterling, 62, died of a self-inflicted gunshot wound at his home in Richmond, Va. The medical examiner's report later said an examination of his brain showed signs of CTE.
Easterling, who suffered from depression and dementia, played for the Falcons from 1972-1979. The suits alleged CTE is linked to concussions and repetitive head trauma. NFL attorneys have argued in court that there is no specific proof of a link between football collisions and CTE.
In August 2013 the two sides announced a tentative, $765 million settlement. The agreement included a $675 million Monetary Award Fund to compensate former players with qualifying diagnoses of neurological conditions.
In January 2014 Brody rejected the tentative settlement, questioning whether it was sufficiently funded.
A revised settlement reached in June 2014 removed the cap. The judge granted preliminary approval the following month, pending a hearing on whether to give final approval.
The hearing was held in November in Philadelphia. Objectors argued that the settlement was insufficient to meet the needs of ex-players and that that NFL was getting off too easy. One objection filed with the court said, "The NFL has the ability to pay far more than the inadequate sum agreed to."
The day after the Super Bowl, Brody issued an order recommending changes to improve the "fairness, reasonableness, and adequacy" of the agreement.
Under the revised settlement, the estates of players diagnosed after death with CTE would be eligible for awards. But that would only apply to diagnoses made prior to the July 7, 2014, date that the judge gave preliminary approval.
The judge recommended the CTE benefit apply to all players diagnosed up until the date of final approval.
She recommended that seasons played in the NFL's European league (known as the World League of American Football, the NFL Europe League, and the NFL Europa League) should count toward eligibility for awards.
The judge said the settlement should provide a "hardship provision" to help retirees with the legal fees for appeals of their settlement benefits.
And she said the baseline assessment program should be funded beyond the $75 million allotted, if necessary.
The two sides agreed to make the recommended changes. In the case of European play, each season will count toward a half-season of eligibility for monetary awards.
***
In 2007 the NFL implemented offseason baseline testing of brain function for all players — for comparison use following a concussion to determine when they are able to return to play. In 2009 the league announced "stricter" guidelines on return to play, saying any player diagnosed with a concussion could not return to play until passing a baseline test and being cleared by the team physician and an independent neurological consults.
In 2010 the NFL announced that "more significant discipline, including suspensions, will be imposed on players that strike an opponent in the head or neck area in violation of the rules.''
Prior to the recent Super Bowl, the NFL announced that its concussion total dropped to a four-year low during the 2014 preseason and regular season. The league said there were 202 concussions in 2014 in preseason and regular season practices and games. That's down from 229 in 2013, 261 in 2012 and 252 in 2011.
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