Players’ Opt-Out Could Delay NFL Concussion Class Action Settlement

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The NFL concussion class action settlement was long in coming, and now lawyers for the Class Members are asking the judge who approved it to continue with proceedings although the final review will not come until November.

That would be two weeks after the Oct. 14 deadline to opt out of the NFL concussion settlement, which is the reason nine plaintiffs have sought to have a stay until final approval comes. They argue that it is premature to agree to something that is not yet finalized. The timing, current Class representatives argue, is actually an important one.

Due to the length of the litigation regarding concussions and traumatic brain injury and the age of many of the players who retired years ago, the legal team for the plaintiffs argue that the men need the money now while they can still make use of it. While some could net as much as $5 million, multiple news outlets report that the average payout would be roughly $200,000 as a result of resolving the class action lawsuit.

One of the more famous players involved in the request for a stay is Dave Duerson, who committed suicide by shooting himself in the chest. His family says he did so with the hope that doctors would be able to examine his brain. It was later analyzed and doctors in Massachusetts determined there were significant signs of chronic traumatic encephalopathy. Duerson’s estate argued in a motion filed last month that the proposed NFL concussion settlement improperly restricts payouts for this condition.

Other players have filed a similar class action lawsuit in state court and asked the court to hold off on the settlement while they were working on their claims.

Players may be able to file for benefits up to 65 years after final approval of the deal if they suffer from neurological impairments from concussions or other types of traumatic brain injuries. The scale varies based upon the type of injury as well as the level of disability. For more information, visit the NFL Concussion Class Action Settlement page.

The former players are represented by class action attorneys including David Frederick of Kellogg Huber Hansen Todd Evans & Figel PLLC, Christopher Seeger of Seeger Weiss LLP and Sol Weiss of Anapol Schwartz Weiss Cohan Feldman & Smalley PC.

The NFL Concussion Class Action Lawsuit is In re: National Football League Players’ Concussion Injury Litigation, Case No. 2:12-md-02323, in the U.S. District Court for the Eastern District of Pennsylvania.

UPDATE: The NFL concussion class action settlement received final approval on April 22, 2015.

UPDATE 2: On Oct. 23, 2018, NFL players who were set to receive compensation from a traumatic brain injury settlement have discovered that their payout will be reduced to almost nothing.