NFL Concussion Lawsuit Reaches Settlement: Latest Details and Reaction

After twice rejecting the settlement between the NFL and the former players who brought concussion lawsuits against the league, a judge approved the settlement package.      

Continue for updates. 

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First Appeal Against Settlement Filed  

Wednesday, May 13

Mike Florio of Pro Football Talk reported ex-NFL player Craig Heimburger and his wife, Dawn, have filed an appeal of the court order approving the settlement. Florio provided the response from the retired players' lawyers:

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We are extremely disappointed and perplexed that an objector would file a notice to appeal the Court’s final order, even though this decision means thousands of retired NFL players suffering from devastating neurocognitive injuries, and those concerned about their future, will now be forced to wait many months for the immediate care and support they deserve.

Final approval was granted by Judge Anita Brody only after objections were raised and heard at the fairness hearing in November and carefully considered by the Court. Ultimately, in an extremely detailed and thorough opinion, the Court overruled the very same objections that will likely be made in any appeal.

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Settlement Reached Between NFL and Former Players

Wednesday, April 22

Maryclaire Dale of the Associated Press reported the details of the approval:

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Senior U.S. District Judge Anita Brody approved the deal after twice sending it back to lawyers over concerns the fund might run out. The negotiators did not increase the original $765 million plan, but agreed to remove that number as the cap.

The deal means the NFL may never have to disclose what it knew when about the risks and treatment of concussions.

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That the NFL won't have to disclose its knowledge of concussion risks as a part of this deal is a notable detail. The lack of a cap is an important distinction as well. It means the NFL's payments could potentially stretch to $1 billion over the next 65 years. 

Dale added:

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The NFL expects 6,000 of nearly 20,000 retired players to suffer from Alzheimer's disease or moderate dementia someday. The settlement approved Wednesday by a federal judge in Philadelphia would pay them about $190,000 on average.

The awards could reach $1 million to $5 million for those diagnosed in their 30s and 40s with Parkinson's disease or Lou Gehrig's disease, or for deaths involving chronic brain trauma.

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Andrew Brandt of ESPN has more:

Many pundits have felt this particular settlement was a win for the NFL—and even with the cap on these settlements removed, that still appears to be the case—so it isn't surprising the league is trying to publicly dissuade any parties from pursuing appeals or delays in the settlement. Whether all of the parties involved in these lawsuits do the same remains to be seen. 

As Daniel Kaplan of the Sports Business Journal noted, this may not be the end of the road for this settlement:

Still, the fact that Judge Brody finally approved the deal is a major step toward closure in this particular chapter of the NFL's handling of concussions and head trauma.

The league remains as popular as ever, and with the increased awareness of head trauma, the NFL has taken steps to both prevent head trauma and properly treat it.