Judge gives preliminary approval to NFL concussion settlement

Less than two weeks after the NFL announced a new settlement for the concussion lawsuit, Federal Judge Anita Brody gave her preliminary approval to the deal. A fairness hearing is scheduled for Nov. 19 and after she will give her final decision some time after it occurs.

After the initial deal of $765 million was rejected, months of negotiations ensued to determine the amount to meet the needs of all current and future retired players for 65 years. Judge Brody believed the initial amount was too small and agrees the uncapped fund has potential.

For the estimated 20,000 retired NFL players, the new settlement covers check ups throughout the years. Additionally, players do not have to prove they sustained their head injuries during their time in the league. Awards are available to victims of ALS or Lou Gehrig’s Disease, Alzheimer’s, Parkinson’s and chronic traumatic encephalopathy (CTE). The dispersed amounts vary based on age at diagnosis.

During the next four months until the fairness hearing, all eligible players will be notified of the deal and specific benefits for them. This includes all former players, not just the 4,500 included in the class action lawsuit. They have the choice to agree to the terms and forgo any right to future legal action or continue pursuing their own lawsuits.

While many view this development as a success, seven players, including former Steeler Alan Faneca, interpret the plan as benefiting the NFL and Class Counsel, not the players. In their opinion, the settlement is unfair and potentially fatal to players due to the lack of coverage.

Jason Luckasevic, a shareholder at Goldberg, Persky & White, was the originator of the NFL concussion lawsuit. For more information about his work or how to get in touch with him, visit https://sportsbrainlawyers.com.

Footnotes

Milhoces, G. (2014). NFL concussion settlement gets preliminary approval. USA Today. [Link]