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NFL Concussion Lawsuit Update-By A PA & NJ Sports Injury Lawyer

Posted on Feb 09, 2015

The federal judge presiding over the concussion and head injury lawsuit filed by retired NFL players against the NFL once again wants changes in the proposed settlement between the parties.  U.S. District Judge Anita Brody wants to enhance the "fairness, reasonableness, and adequacy" of the proposed settlement and has given both sides until February 13, 2015 to make the suggested changes or submit reasons why they cannot comply.

The retired NFL players filed a lawsuit against the NFL alleging that the league knew about the devastating long-term effects of concussions and failed to protect the players from them.

This isn't the first time the judge raised concerns and requested changes.  After the initial tentative settlement was reached in August 2013, the judge rejected the settlement and questioned whether the proposed settlement amount of $765 million was sufficiently funded.  In addition, the judge was afraid that the cap would not be enough to provide the necessary treatment for the players over their lifetimes.  As a result, the parties agreed to a revised proposed settlement in June of 2014 which had no cap on potential awards to players. See Federal Judge Rejects $765 Million Settlement Agreement Between The NFL & Retired Injured Football Players Over Head Injuries.

The judge suggested changes after objections were raised at a settlement hearing last November.  The changes the judge is requesting are the following:

  • Make the award (up to $4 million) for diagnosis after death of the brain disease chronic traumatic encephalopathy (CTE) available for players who died between the preliminary approval of the tentative settlement (July 7, 2014) and final settlement.  Currently, this award is only available for players who died before July 7, 2014.
  • Count seasons played in the World League of American Football, the NFL Europe League and the NFL Europa League toward players' eligibility for awards.
  • Include a "hardship provision" to help retired players with legal fees for appeals of their settlement benefits.

Some still have some concerns about the proposed settlement because the changes suggested by the judge do not include other objections raised in the November hearing, such as the concern that the average payout of $190,000 for aging men struggling with Alzheimer's disease or dementia is too low.

Will this lawsuit settle this month? Stay tuned.

Help After A Concussion Or Traumatic Brain Injury

Daniel J. O'Brien, Esq. is a life-long athlete and has helped many athletes financially recover for their injuries sustained as a result of someone's negligence.  If you or a loved one sustained injuries in a sports accident, call Mr. O'Brien to schedule a FREE legal consultation. 877.944.8396

Source: www.usatoday.com (Judge wants changes made to proposed $765M NFL concussion settlement)

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