The NFL has reached a tentative $765 million settlement over concussion-related brain injuries among its 18,000 retired players, agreeing to compensate victims, pay for medical exams and underwrite research.
A federal judge announced the agreement Thursday after months of court-ordered mediation. It came just days before the start of the 2013 season.
Highlights of Proposed Settlement
NFL Highlights of the proposed settlement between the NFL and more than 4,500 ex-players who sued over concussion-related injuries:
• NFL would pay $765 million plus legal costs, but admits no wrongdoing.
• Individual awards would be capped at $5 million for players suffering from Alzheimer's disease.
• Individual awards would be capped at $4 million for deaths from chronic traumatic encephalopathy (CTE).
• Individual awards would be capped at $3 million for players suffering from dementia.
• Money would go toward medical exams and concussion-related compensation for NFL retirees and their families, and $10 million toward medical research.
• Senior U.S. District Judge Anita Brody in Philadelphia must approve the settlement.
-- The Associated Press
One of the principle terms of the settlement is that the agreement "cannot be considered, an admission by the NFL of liability, or an admission that plaintiffs' injuries were caused by football."
According to the settlement, $675 million of the $765 million would be used to compensate former players and families of deceased players who have suffered cognitive injury. Other money will be used for baseline medical exams, the cost of which will be capped at $75 million. The NFL will also fund research and education at a cost of $10 million.
Individual awards would be capped at $5 million for men with Alzheimer's disease; $4 million for those diagnosed with chronic traumatic encephalopathy (CTE) after their deaths; and $3 million for players with dementia.
The settlement will include all players, their authorized representatives or family members if a player is deceased, who have retired as of the date on which the court gives preliminary approval of the settlement.
The NFL has 20 years to pay the full amount of the settlement, but half of the total must be paid within the first three years and the rest over the next 17 years.
Legal fees are not included in this agreement. A district court will decide what compensation the plaintiffs can receive for those costs.
The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.
"This is a historic agreement, one that will make sure that former NFL players who need and deserve compensation will receive it, and that will promote safety for players at all levels of football," said former United States District Judge Layn Phillips, the court-appointed mediator for the dispute said in a statement.
Many former players with neurological conditions believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image.
"This is an extraordinary agreement that will provide immediate care and support to retired players and their families," lead plaintiffs' attorney Christopher Seeger said in the statement. "This agreement will get help quickly to the men who suffered neurological injuries. It will do so faster and at far less cost, both financially and emotionally, than could have ever been accomplished by continuing to litigate."
The NFL has denied any wrongdoing and has insisted that safety has always been a top priority.
"This agreement lets us help those who need it most and continue our work to make the game safer for current and future players. Commissioner Goodell and every owner gave the legal team the same direction: do the right thing for the game and for the men who played it," NFL executive vice president Jeffrey Pash said in the statement.
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SeifertIn essence, this settlement reaffirms the NFL's power position in the professional sports landscape now and in the future, Kevin Seifert writes. Blog
"We thought it was critical to get more help to players and families who deserve it rather than spend many years and millions of dollars on litigation. This is an important step that builds on the significant changes we've made in recent years to make the game safer, and we will continue our work to better the long-term health and well-being of NFL players."
Senior U.S. District Judge Anita Brody in Philadelphia announced the proposed settlement Thursday after months of court-ordered mediation. She still must approve it at a later date.
"Of course, I reserve judgment on the fairness, reasonableness, and adequacy of thes ettlement until the motions for preliminary and final approval of the settlement are filed," she wrote. "At that time, counsel must present a complete explanation and justification for the settlement. Right now, however, I commend the parties and their counsel on their extensive and good faith negotiations and thank Judge Phillips for his diligence in assisting the parties in reaching an agreement."
The settlement likely means the NFL won't have to disclose internal files about what it knew, when, about concussion-linked brain problems. Lawyers had been eager to learn, for instance, about the workings of the league's Mild Traumatic Brain Injury Committee, which was led for more than a decade by a rheumatologist.
In court arguments in April, NFL lawyer Paul Clement asked Brody to dismiss the lawsuits and send them to arbitration under terms of the players' contract. He said that individual teams bear the chief responsibility for health and safety under the collective bargaining agreement, along with the players' union and the players themselves.
Players lawyer David Frederick accused the league of concealing studies linking concussions to neurological problems for decades.
SVP & Russillo
Ryen Russillo reacts to the settlement agreement reached between the NFL and its former players and discusses the implications of the settlement both now and in the future.
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Brody had initially planned to rule in July, but then delayed her ruling and ordered the two sides to meet to decide which plaintiffs, if any, had the right to sue. She also issued a gag order, so it has been unclear in recent weeks whether any progress was being made.
The lawyers were due to report back to her Tuesday, but Brody instead announced in court files Thursday that the case had settled.
In recent years, a string of former NFL players and other concussed athletes have been diagnosed after their deaths with chronic traumatic encephalopathy, or CTE. Those ex-players included Seau and lead plaintiff Ray Easterling, who filed the first suit in Philadelphia in August 2011 but later committed suicide.
About one-third of the league's 12,000 former players have joined the litigation since 2011. They include a few hundred "gap" players, who played during years when there was no labor contract in place, and were therefore considered likely to win the right to sue.
"The benefits in this agreement will make a difference not only for me and my family, but also for thousands of my football brothers who either need help today or may need help someday in the future," Kevin Turner, a former running back for the Philadelphia Eagles and New England Patriots who has been diagnosed with ALS, said in the statement.
"I am grateful that the NFL is making a commitment to the men who made the game what it is today," he said.
The timing of the settlement allows the NFL to drop the issue from the national conversation before the start of the new season.
Concussions -- and the former players' lawsuits -- had become a main theme of recent NFL seasons, with players, coaches and league officials all forced to address the topic repeatedly, especially as new plaintiffs came forward on nearly a weekly basis. It was the sort of public relations distraction the league has become skilled at avoiding -- and the easiest way to set this topic aside, of course, was to have the court cases resolved.
http://espn.go.com/nfl/story/_/id/9612138/judge-nfl-players-settle-concussion-suitCan we get back to hitting people now?
Also, lawyer question - does this prevent future lawsuits from current or former players not involved in this suit? Can the NFL give all of the current players waivers now?
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