New and Improved NFL Concussion Class Action Settlement Announced

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The National Football League announced yesterday that it has reached a revised class action settlement agreement with thousands of NFL players seeking compensation for concussion-induced brain trauma, saying it has removed a $765 million cap that a federal judge deemed unfair earlier this year.

U.S. District Judge Anita B. Brody in January nixed the original NFL concussion class action settlement reached last August, designed to help thousands of former NFL players receive medical help and compensation for concussion-related brain injuries, over concerns that it might not be enough and could exclude a large chunk of players. Former players accuse the league of knowing about and suppressing information regarding the long-term medical risks of brain injuries incurred from on-the-field concussions.

While the initial NFL concussion class action settlement talks had produced $765 million to compensate players, Judge Brody noted in her Jan. 14 Order denying the deal that experts predicted that up to 20,000 players could be eligible under the deal, leaving less than $40,000 each in compensation for medical expenses. Considering that compensation for some players could reach into the millions of dollars based on their injury and age, the pool would quickly be depleted, Bordy said.

Instead, the NFL has agreed to settle concussion claims for the next 65 years with no total cap on compensation. Since there are significant differences among players, some of whom may have developed brain damage and Parkinson’s Disease, an independent panel will assess claims to ensure they are accurately assessed, according to the new agreement submitted June 25.

All current and former players would also be eligible for baseline testing so that as they age, they can see whether or not there has been progressive brain damage and also help with defraying some of the costs of any medical bills.

“Today’s agreement reaffirms the NFL’s commitment to provide help to those retired players and their families who are in need, and to do so without the delay, expense and emotional cost associated with protracted litigation. We are eager to move forward with the process of court approval and implementation of the settlement,” said NFL Senior Vice President Anastasia Danias.

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 Lawsuits are consolidated as In Re: National Football League Players’ Concussion Injury Litigation, MDL No. 2323, U.S. District Court, Eastern District of Pennsylvania.

UPDATE: A federal judge granted preliminary approval to the NFL concussion class action settlement on July 7, 2014.

UPDATE 2: The NFL concussion class action settlement received final approval on April 22, 2015.

UPDATE 3: 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.