A federal judge on Monday granted preliminary approval for a landmark deal to compensate thousands of former NFL players for concussion-related claims.
The ruling by U.S. District Judge Anita Brody came about two weeks after the NFL agreed to remove a $675 million cap on damages. Brody previously questioned whether that would be enough money to pay all claims.
"This is an extraordinary settlement for retired NFL players and their families —from those who suffer with neurocognitive illnesses today to those who are currently healthy but fear they may develop symptoms decades into the future," plaintiffs' attorneys Sol Weiss and Christopher Seeger said in a statement.
The settlement is designed to last at least 65 years and cover retirees who develop amyotrophic lateral sclerosis (ALS, also known as Lou Gehrig's disease) or other neurological problems.
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.
"We are grateful to Judge Brody for her guidance and her thoughtful analysis of the issues as reflected in the comprehensive opinion she issued today," NFL senior vice president Anastasia Danias said in a statement.
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. The NFL will pay an additional $112 million to the players' lawyers, for a total payout of more than $870 million.
The revised settlement eliminates the cap on overall damage claims but retains a payout formula for individual retirees that considers their age and illness. For example, a young retiree with ALS 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.
Even with the cap removed, both sides said they believe the NFL will spend no more than about $675 million on damage claims by ex-players.
Critics of the deal have said the league, with annual revenues approaching $10 billion, was getting off lightly. Lawyers for the plaintiffs said the settlement avoids the risk of a protracted legal battle.
Seven retired NFL players filed a motion in federal court in Philadelphia last week urging the judge to reject the proposed settlement, calling it a "lousy deal" for ex-players whose symptoms don't qualify them for compensation.
The deal excludes players with symptoms of a degenerative brain condition called chronic traumatic encephalopathy, those suffering from milder brain injuries and veterans of the defunct NFL Europe, the players' objection said. The players also said that the proposed claims process is onerous and confusing and that attorneys for the plaintiffs failed to conduct any discovery in the case.
The Associated Press
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