Judge Approves New NFL Concussion Class Action Settlement

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Former football players could get a windfall to help pay for traumatic brain injuries and other damage caused by the the constant collisions that are part of the sport with a federal judge’s decision to approve an NFL concussion class action settlement that would cover athletes who developed Alzheimer’s Disease and other conditions.

U.S. District Judge Anita Brody gave preliminary approval to the NFL concussion class action settlement on July 7.

There are thousands of plaintiffs named in the various NFL concussion lawsuits. They were so numerous they were collected into multidistrict litigation in Pennsylvania. While the settlement amount is $765 million, that is somewhat misleading. For 65 years after the final approval, eligible players will be able to apply for benefits contingent on their medical records, so the final bill for the National Football League could be staggering considering the number of plaintiffs.

Players with conditions including Alzheimer’s Disease, and who are diagnosed with chronic traumatic encephalitis, may be eligible for millions of dollars in awards as a result of the NFL concussion class action lawsuit settlement. That will depend on an independent panel because the disorders and diseases occupy a wide spectrum of symptoms, especially considering that most of them are degenerative.

Both the league and the plaintiffs’ lawyers celebrated the deal when it was first announced, with NFL Senior Vice President Anastasia Danias describing it as a way to show the “NFL’s commitment to provide help to those retired players and their families who are in need[.]” Some former players are not so sure about the NFL concussion class action settlement.

Former Pittsburgh Steelers lineman Alan Faneca is one who has expressed concern. He says that the review process is onerous and the class action attorneys’ fees are too high. Moreover, symptoms that do not relate to the traumatic brain diseases noted above but are linked to concussions such as impaired vision are not covered.

Brody will review any legal objections raised about the NFL concussion settlement at a November fairness hearing.

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: 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.