On February 8, 2017, the enrollment period began for former National Football League (NFL) players seeking compensation under the league’s concussion settlement. During the first three days, more than 3,000 retired players signed up to seek payouts using a sliding scale that considers variables like age and years played.
Judge Speaks Publicly
Federal District Court Judge Anita Brody spoke at Philadelphia’s National Constitution Center, encouraging NFL retirees to sign up before the August 7th deadline. According to the Philadelphia Inquirer, the unusually public presentation by a federal judge is motivated by a desire to successfully get the message out to former players about both the opportunity and the deadline.
Judge Brody approved the settlement in 2015, thereby resolving thousands of lawsuits brought by players and families. Many of the suits accused the NFL of failing to disclose what it knew about the adverse effects of repeated concussions, including findings on subconcussive head impacts that don’t always show up as a diagnosed concussion.
Maximum Payout of $5 Million
Auditors estimate that total payments provided for in the settlement may ultimately exceed $1 billion. There are more than 20,000 former players who qualify for either financial payouts and/or baseline testing. Settlement payouts will commence by early summer. Maximum payouts for the sickest retirees can go up to $5 million, the scale of money involved in landmark NFL concussion litigation of this size.
In December 2016, the U.S. Supreme Court decided not to hear an appeal of the settlement. Some critics argue it is inadequate in several areas, including payouts for sufferers of chronic traumatic encephalopathy (CTE), depression and certain mood disorders. About 160 players opted out of the final agreement, and they are expected to seek individual trials or to reach individual settlements. Concerns about long-term brain health have also driven attention toward the silent epidemic in youth sports, where these same injury patterns start much earlier in life.
Frekhtman and Associates is a personal injury law firm dedicated to obtaining the full compensation its clients qualify for under the law. Our NYC traumatic brain injury attorneys offer a free consultation. To ask your questions or to schedule a consultation, please contact us.