The NFL has finally settled a long-running legal battle involving thousands of former players who suffered from head trauma. The settlement totals $765 million, and it should mean that the average plaintiff will get $150,000 to $170,000. That’s not a small sum, considering that the NFL has annual revenues of $9 billion. But how much do the plaintiffs receive? Read on to find out.
$765 million
A lawsuit filed against the NFL and other sports leagues alleges that repeated head trauma has led to long-term brain damage and depression in players. The league, which is widely known for its brutality, denied that the repeated hits have any effect on brain health. Several former players cited Aaron Curry’s case as evidence that the NFL is guilty of this negligence. A lawsuit filed by Curry alleges that the NFL hid the dangers of repeated head trauma while glorifying the brutality of football.
Following extensive mediation, the NFL has settled a lawsuit brought by more than four thousand retired players, including several former stars. The agreement would provide money to fund medical exams and injury compensation for the former players. Additionally, the money will go to research and study the effect of repeated head hits on the brain. This is the largest settlement of this kind in American sports history. It will end an embarrassing public relations problem and help the retired players pay for medical treatments and litigation.
4,500 former players
The NFL has settled a concussion lawsuit with more than 4,500 former players, agreeing to pay $765 million for medical exams and concussion-related compensation. The NFL did not admit fault in the case but did acknowledge that it was unaware of the dangers of repeated head trauma. It also maintained that it relied on the best science available at the time. The settlement funds medical research, compensation for retired players, and medical exams for the affected players.
The NFL’s settlement is an acknowledgment of the long-term consequences of repeated concussions and head trauma. The lawsuits were filed after former players like Junior Seau reportedly took their own lives. Junior Seau, a former San Diego Chargers linebacker, was diagnosed with CTE, a brain disease, posthumously. A similar diagnosis was made in 76 deceased NFL players, but the NFL did not settle his case.
95 objectors
NFL has agreed to settle a concussion lawsuit with 95 objector class members, who filed the first case against the NFL in 2011. Jason Luckasevic, who represents the plaintiffs, filed the original lawsuit on behalf of more than 75 players. In the intervening years, his role in the case has diminished, in part due to the rise of attorneys who have been involved in such cases for many years. In addition, nearly two dozen of his five25 clients have chosen to opt-out of the case, in which case they must show the NFL is responsible for the health problems.
Although the NFL Parties’ alleged conduct similarly injured Class Members, they have largely refrained from releasing the facts that have been suppressed. This is despite the evidence demonstrating that concussive hits increase the risk of Qualifying Diagnoses. Additionally, there were many common legal questions that Class Members face. One is whether the NFL Parties owe a duty to their Retired Players or workers, such as retirees, to compensate Class Members.
Race-based formula
A proposed new test will determine whether former NFL players can seek compensation for brain injuries. The NFL previously announced that it would no longer use race-based norming, a practice that predates the NFL concussion settlement by decades. The Heaton norms assume that Black players start with a lower cognitive ability, limiting the ability to link the mental deficit to playing days. This change was a step in the right direction.
Some players, such as Justin Wyatt, have called for a race-based formula to be implemented. But NFL lawyers and experts who worked on the guidebook argue that the White Heaton norms better represent the experience of Black players. The NFL’s response is largely unclear, but it is still worth noting that it will require a new process to be established. Until that happens, however, families of former players will continue to wait in the dark.
