Featured News 2013 NFL and Former Players Set to Reach $765 Million Settlement in Concussion Lawsuit

NFL and Former Players Set to Reach $765 Million Settlement in Concussion Lawsuit

A class action lawsuit involving more than 4,500 plaintiffs, some of them the widows of former NFL players, resulted in the parties agreeing to a multi-million dollar settlement to help cover medical exams, damages from concussions, and medical research, according to court documents. The parties arrived at this settlement after nine weeks of mediation. Now the settlement awaits approval from a Philadelphia judge. The NFL did not have to admit any liability in the manner, which is a victory for the defense, while at the same time, the plaintiffs can immediately access the compensation that they need, instead of waiting for years in a court battle with an uncertain outcome. Legal professionals who commented on the case thought that the plaintiffs would not be able to win in court. It is likely the NFL could point to earlier football experiences, such as high school and college teams, as well as to a history of substance abuse for some. These could all be used as evidence that the NFL could not be proven liable for these injuries.

This lawsuit stemmed from many tragic instances. Some players in the lawsuit are enduring ALS (Lou Gehrig's disease), Parkinson's, Alzheimer's, dementia, and other neurological injuries and diseases. Other plaintiffs are relatives suing on behalf of players who suffered from chronic traumatic encephalopathy (CTE). The first diagnosed case of CTE in an NFL player was discovered in the brain of a former Pittsburgh Steelers player who had committed suicide. This degenerative brain disease is thought to be sustained only from repeated impact to the head. This condition has much in common with Alzheimer's disease, but only postmortem examinations can discover this condition.

Yet in 2005, an NFL committee released a statement that for a player to get back into a game after a concussion posed no "significant risk of a second injury either in the same game or during the season". Then that same year and in 2006, CTE was discovered in two other former Steelers players, who had also committed suicide. After a former Chicago Bears player committed suicide in 2011, doctors found that he too had CTE. Last year, other suicides were committed by two other former NFL player, both found to have indications of CTE as well.

June of 2012, more than 2,000 plaintiffs combined lawsuits against the NFL, filing this claim in a Philadelphia court. The claim stated that the NFL had acted negligently, in part due to not providing sufficient information about the long-term consequences of concussions, in fact keeping back vital information. Some plaintiffs said that they did not receive adequate medical treatment. They also said that the NFL did not make the policies that it should have to make the game safer from concussions and other traumatic brain injury.

Now the parties have reached a settlement, and if approved, $675 million will be paid out to players or player's relatives who suffered from cognitive impairment. Nearly $75 million could be issued to cover baseline medical exams. Ten million dollars could go to research. Half of this settlement will be paid out in the following three years. The rest will be paid over the 17 years to follow. If the judge should sign this settlement, then plaintiffs might have to wait 180 days to collect some of this settlement. If the settlement dries up, then the NFL will need to give no more than $37.5 million to supplement the compensation. The court fees have yet to be determined, but they could be as high as $100 million.

In 2011, there were 0.594 concussions a game, totaling 190 concussions in 320 games during preseason and regular season. Meanwhile, there are pending lawsuits against Riddell, the company that manufactures the helmets worn in the NFL.

Related News:

Define the Term: Calculus of Negligence

Sometimes it is hard to prove who is in the wrong- especially in a personal injury case. People tend to see situations in their favor. The person who is injured feels someone else is to blame for his ...
Read More »

Motor Vehicle Crash Investigations

Have you heard of a motor vehicle crash investigation or an accident reconstruction? If you're like a lot of people, you've heard the terms before but you're not exactly sure what they ...
Read More »

Dangerous Drugs: Azithromycin and Other Medications to Monitor

Scientists and chemists are constantly experimenting with new medications to cure infections and diseases within the body. On a regular basis, doctors and patients may determine that a dangerous drug ...
Read More »