NFL Concussion Settlement: Latest Updates, Details, Comments and More

The proposed settlement between the National Football League and the thousands of players who sued over concussion-related medical problems has hit another snag.  U.S. District Judge Anita Brody ruled on Feb. 2 that the proposed settlement was still insufficient in covering the players who have suffered damages, though the sides reportedly made progress on Feb. 13 when they made adjustments to the settlement.

Continue for updates.

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Progress Made as Adjustments Are Made to Settlement

Friday, Feb. 13 

Gary Mihoces of USA Today reported on the adjustments made to the proposed concussion settlement:

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At the urging of a federal judge, both sides agreed to make adjustments in a previously reached, tentative settlement of suits by more than 5,000 ex-players against the league.

This is the second time the NFL and attorneys for ex-players have altered their agreement in response to U.S. District Court Judge Anita Brody in Philadelphia.

[...]

"We are confident these enhancements address the issues raised by the court and further strengthen the settlement's benefits," Christopher Seeger, co-lead attorney for the retired players, said in a statement. " … We look forward to finalizing this agreement so that retired players can begin taking advantage of its benefits.

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Sides Ordered to Address Issues Prior to Final Approval

Monday, Feb. 2

Nathan Fenno of the Los Angeles Times provided details on the ruling:

“The judge did not reject the settlement,” Brian McCarthy, an NFL spokesman, said in an e-mail to Sophia Pearson of Bloomberg Business. “The judge asked both sides to address several issues before she grants final approval.”

Among the issues Brody wants settled are coverage for former NFL Europe players and those who have died of chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to concussions, between preliminary approval and a formal settlement, per Fenno:

This is the second time the federal judge has blocked the NFL and its former players from reaching a formal settlement. Last January, Brody said the initial $765 million settlement may be insufficient in covering the medical costs and other expenses for the families of players who are in deteriorating health for football-related injuries. 

Uncredited/Associated Press

Brody said there was not adequate economic evidence to say the $765 million pool would not run out.

“Unfortunately, no such analyses were provided to me in support of the plaintiffs’ motion,” Brody said, per Ken Bilson of The New York Times. “In the absence of additional supporting evidence, I have concerns about the fairness, reasonableness and adequacy of the settlement.”

A preliminary approval of an amended settlement, which removed a cap on the monetary figure available for former players, was given in July. While some expected Monday's hearing to come with a formal agreement in the case, Pearson reported Brody was "swayed" by the pleas of families who deemed the settlement inadequate for a multibillion-dollar corporation.

Brody has given the NFL until Feb. 13 to make the amendments she suggested. With less than two weeks to get that done, it'll be interesting to see whether the league expedites the process to finalize an agreement or readies itself for a longer-term court battle.   

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