Former NFLers, Wives Want More From Class Action Settlement Over Racist Concussion Practices

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

NFL Race-Norming Class Action Settlement Overview:

• Why: The plaintiffs allege the NFL’s use of race-norming, or assuming Black players had lower cognitive functioning, prevented Black players from receiving fair concussion settlement payments.
• Who: Two former NFL players sued the National Football League (NFL).
• Where: The class action lawsuit was filed in Pennsylvania federal court.

A group of 75 former National Football League (NFL) players, their wives and one daughter sent a letter to a federal judge to express their approval and concerns about a recent settlement made in a class action lawsuit against the NFL and NFL Properties LLC over racist concussion protocols.

The class action lawsuit took issue with the NFLs use of “race-norming” or the assumption that Black football players have lower cognitive function than white players. The complaint alleged that race-norming discriminated against Black players by making it harder for them to qualify for concussion settlement payments. 

In October 2021, a settlement was reached in which the NFL agreed to stop its use of race-norming. 

This recent letter, written by Amy Lewis, the wife of former NFL running back Ken Jenkins, asks U.S. District Judge Anita Brody to approve the agreement and applauds that the settlement “​​provides needed benefits today to many Black players and their families.”

However, while Lewis and the other signees note that the agreement is a “good first step for many former players,” they still have “deep concerns.”

Former Players Feel ‘Burned’ and ‘Confused’ by NFL Agreement

On the whole, the letter calls for increased transparency and participation among the NFL and Black former players and suggests implementing an advisory committee and informal review. 

“Many players feel burned by the race-norming issue as well as confused by denial of benefits for significantly impaired players,” the letter says. 

For one, the signees point out that no Black players, who are the “primary stakeholders” in this situation, were involved in the race-norming agreement negotiations.

“There are no provisions for the role of Black players … There is also no expressed role for all players to be represented in the development of new norms,” the letter says. 

Second, the former players take issue with the NFL’s refusal to acknowledge that its conduct “in promoting race-norms was wrong.” Many players have been “seriously harmed or worse by race-norming,” which is not addressed in the agreement. Without addressing these wrongs, players would have to seek redress on their own, rather than through this settlement. 

Third, the letter states that it is “highly unusual” that a single counsel, Chris Seeger of Seeger Weiss LLP, reached an agreement “on behalf of an entire Class.” Instead, they hope for a “team approach” to “yield significantly better results in addition to fostering trust and good will.”

Finally, the signees voice their concerns that many players remain unaware of the benefits provided by the recent agreement. 

“It is vital that new and continuous efforts be made to reach these former NFL players,” the letter says. “It is tragic when a player or his family could have received benefits and we only find out that the player was suffering because he received a CTE diagnosis post-mortem.”

What do you think of the recent NFL settlement? Share your thoughts below!

The concussion settlement class is represented by Christopher Seeger of Seeger Weiss LLP. Henry and Davenport are represented by Steven N. Herman, Cyril V. Smith and Ezra B. Marcus of Zuckerman Spaeder LLP.

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

Read About More Class Action Lawsuits & Class Action Settlements:

• Minor League Players Class Action Lawsuit Claims They Were Underpaid, Argue MLB Is Too Late to Request Dismissal of Expert Testimony
• Dick’s Sporting Goods Class Action Claims Website Not Accessible to Blind People
• NFL Calls App Users’ Claims It Violates Law By Sharing Their Data ‘Conjecture’ And ‘Overreach’ In Motion To Dismiss
• Judge Rules Former NFL Players Waited Too Long To File Claims Over Alleged Painkiller Regimens, Dismisses Lawsuit