NFL Concussion Class Action Settlement Appealed By Former Players

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According to court documents filed Tuesday in Pennsylvania federal court, former National Football League players and their wives intend to appeal the preliminary approval of the NFL’s $765 million concussion class action settlement because it could affect their state lawsuit against the Arizona Cardinals.

Roy Green, John Thomas “J.T.” Smith, Edward Scott, Jade Scott and Monica Smith indicated in their notice of appeal that they are Class Members in the NFL concussion class action settlement as well as plaintiffs in the separate concussion lawsuit titled Green v. Arizona Cardinals Football Club LLC, which is currently pending in the Circuit Court of the City of St. Louis, Mo.

According to the court documents, they have appealed the preliminary approval of the NFL concussion settlement to the 3rd U.S. Circuit Court of Appeals. The NFL concussion class action settlement bars Class Members “from filing, commencing, prosecuting, intervening in, participating in, continuing to prosecute and/or maintaining, as plaintiffs, claimants, or Class Members, any other lawsuit … against [the NFL and NFL teams] based on, relating to, or arising of the claims and causes of action” included in the NFL concussion class action lawsuit and related lawsuits.

The players sued the Arizona Cardinals in December, alleging the team ignored warnings about the serious dangers posed by concussions sustained while playing football. They allege the team’s negligence caused NFL players to develop serious neurological problems stemming from repeated concussions, including traumatic brain injuries and post-concussion syndrome.

On July 7, U.S. District Judge Anita B. Brody approved a revised version of the NFL concussion settlement, which removed a $65 million cap on compensation which she was concerned may provide insufficient compensation to Class Members. In addition to lifting the compensation cap, the judge also enjoined Class Members from participating in related lawsuits against the released parties, including the NFL and all NFL teams.

Under the terms of the NFL concussion class action settlement, eligible players will be able to apply for benefits contingent on their medical records for 65 years after final approval of the deal. Despite these substantial benefits, some former players have expressed concern about the agreement, arguing that the review process is burdensome. Further, they claim the concussion settlement will only provide coverage for certain types of neurological impairments such as Alzheimer’s disease, Parkinson’s disease and dementia, but not other concussion-related symptoms such as impaired vision and chronic headaches.

The revised version of the concussion class action settlement will provide the NFL with the opportunity to challenge claims an unlimited number of times, instead of being limited to just 10 times a year under the previous proposed concussion settlement. However, the league could be subject to court sanctions if its challenges are deemed to be harassing or improper.

Judge Brody will review any objections to the NFL concussion class action settlement at a fairness hearing that will be held in November.

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: 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.