NFL agrees to eliminate cap on player payments in concussion suit

The National Football League agreed Wednesday to remove a $675 million cap on damages from thousands of concussion-related claims after a federal judge questioned whether there would be enough money to cover as many as 20,000 retired players.

A revised settlement agreement filed in federal court in Philadelphia also eliminates a provision that barred anyone who received concussion damages from the NFL from suing the NCAA, which oversees college sports, or other amateur American football leagues.

"This modification will allay any fears that this fund will not last for its intended lifespan," said Christopher Seeger, an attorney for the players, during a teleconference with reporters. "If an eligible retired player develops a qualifying condition, this fund will be there for him. Period."

U.S. District Judge Anita Brody had denied preliminary approval of the deal in January because she worried the money could run out sooner than expected. 

The settlement, negotiated over several months, is designed to last at least 65 years and cover retired players who develop Lou Gehrig's disease, dementia or other neurological problems believed to be caused by concussions suffered during their pro careers.

More than 4,500 former players have filed suit, some accusing the league of fraud for its handling of concussions. They include former Dallas Cowboys running back Tony Dorsett and Super Bowl-winning Chicago Bears quarterback Jim McMahon, who suffers from dementia.

The original settlement included $675 million for compensatory claims for players with neurological symptoms, $75 million for baseline testing and $10 million for medical research and education.

Under the revised terms between the NFL and the former players who brought the suit, payments of up to $5 million will be guaranteed to any retired player who develops the neurological illnesses. Payments will be based on a formula that considers years played in the league and their age at diagnosis. 

A young retiree with amyotrophic lateral sclerosis, or Lou Gehrig's disease, would receive $5 million, a 50-year-old with Alzheimer's disease would get $1.6 million, and an 80-year-old with early dementia would get $25,000. 

Critics of the deal have said the league, which has annual revenues topping $9 billion, was getting off lightly. Lawyers for the plaintiffs have said the settlement avoids the risk of a protracted legal battle.

The proposal does not include an admission from the NFL that it hid information from players about head injuries. 

A growing body of academic research shows that repeated hits to the head can lead to a condition known as chronic traumatic encephalopathy, which can cause aggression and dementia. 

The research already has prompted the NFL to make changes in play, including banning the most dangerous helmet-to-helmet hits and requiring teams to keep players off the field if they have taken hits to the head and show symptoms such as memory gaps or dizziness. 

"We are eager to move forward with the process of court approval and implementation of the settlement," NFL Senior Vice President Anastasia Danias said in a statement. Family members of deceased players will be allowed to pursue claims, the statement said. 

Wire services