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NFL Head Injury & Concussion Lawsuit – One Step Closer To Resolution


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5/7/2015
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One of the most contentious sports injury lawsuits is one step closer to a final resolution.  We have been following the sports injury lawsuit related to concussions and head injuries against the NFL since retired players sued the league about 3 years ago.

The head injury lawsuit started with a little over 80 lawsuits against the NFL, which were consolidated in a “master complaint” filed in Philadelphia, PA in June 2012.  Since the complaints were consolidated, more retired football players have joined the suit.  Ultimately, more than 5,000 former football players sued the NFL.

The crux of the complaint was that the NFL allegedly knew about the links between football-related head traumas and permanent brain injuries and failed to take appropriate action to protect the players. 

The NFL and the players reached an agreement in August 2013, but the judge presiding over the case asked both sides to revise the agreement twice.  Originally, a cap was put on the amount of damages that could be paid for the conditions covered, and the judge asked the cap to be removed.  In addition, she also asked the parties to remove the limit on how much could be spent on medical monitoring. Just last month, Judge Anita B. Brody gave her final approval of the settlement. 

Related: The NFL Settles Lawsuit Related To Concussions And Permanent Brain Injuries For $765 Million

The proposed settlement provides three benefits:

 

 

1. baseline medical exams for retired NFL players;

 

 

2. monetary awards of up to $5 million for diagnoses of ALS (Lou Gehrig’s disease), Alzheimer’s Disease, Parkinson’s Disease, Dementia and certain cases of chronic traumatic encephalopathy or CTE (a neuropathological finding) diagnosed after death; and

 

 

3. the NFL will spend $10 million on education programs and initiatives related to football safety.

Though the NFL insisted that all retired players, not just the 5,000 suing the league, be covered by the settlement, about 200 players opted out of the settlement to continue their individual lawsuits against the NFL.

Many criticize the settlement as being too restrictive as only a handful of serious diseases are covered. 

If the players appeal the judge's Order approving the settlement from the class action lawsuit, it could take 6-9 months for the judge to hear the case.  Parties have 30 days to appeal. 

Stay tuned to receive updates on this sports injury lawsuit.

PA & NJ Sports Accident & Head Injury Lawyer

If you have questions about a sports accident in PA or NJ, feel free to call Daniel J. O’Brien, a life-long athlete who specializes in sports injury accident cases.  FREE consultations. 877.944.8396



Category: Traumatic Brain Injuries

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