NFL Concussion Settlement: COA Affirms Compensation for Former Football Players
By: Daniel S. Chamberlain, Attorney
On April 18, 2016, the Third Circuit Court of Appeals affirmed the largest class action settlement in United States history. The class action involved allegations that professional football players were knowingly put at risk of repetitive brain trauma, including dementia, Parkinson’s and other degenerative brain conditions by their employer, the National Football League (NFL). Retired NFL players alleged that the NFL suppressed information about the link between brain injury and football. The NFL settled the case without admission of fault.
The NFL case created a fund to be used to compensate players that retired from the NFL prior to July 7, 2014. The settlement will largely remain for 65 years or past the life expectancy of any player. Monetary awards will range from medical or baseline monitoring of a player’s brain function, to a diagnosis of Dementia, Parkinson’s and Amotrophic Lateral Sclerosis (ALS). Chronic Traumatic Encephalopathy (CTE), is diagnosed post mortem by analysis of brain tissues. CTE claims will only be allowed if the player died prior to April 22, 2015. Players will be entitled to lesser included diagnosis up to a maximum payout of $5 Million dollars.
Brain injury is a life-long, on-going, disease process and the class action contemplates that retired players may be entitled to compensation at a later time when their cognition, function and status is altered by time. An adjustment of claim is necessary to collect additional benefits.
The NFL estimated that there are over 21,000 retired players. Of eligible retired players, the NFL estimates that 28% will be entitled to a monetary brain injury award. The NFL estimates that 72% of retired players will not suffer compensable brain injury awards. The NFL’s statistics are not supported by the evidence of CTE in over 95% of retired players whose brains were examined post mortem.
What do retired players need to do to protect the ability to collect monetary brain damage awards? A retired player, or their legal representative, must do the following to protect a monetary recovery in the NFL brain injury litigation:
Register with the claims administrator assigned to the NFL settlement within 180 days of receiving notice of the claim. At the earliest, this notice must be received by October 15, 2016. If a claim is not filed within the specified timeline, then the retired player or family member may receive no monetary compensation for brain trauma. This deadline may be excused for good cause.
Register with the claims administrator assigned to the NFL settlement within 180 days of receiving notice of the claim. At the earliest, this notice must be received by October 15, 2016. If a claim is not filed within the specified timeline, then the retired player or family member may receive no monetary compensation for brain trauma. This deadline may be excused for good cause.
- A retired player or representative must submit a claims package no later than two years from the qualifying brain diagnosis or within two years of the supplemental notice to be issued by the Court. The claims package must include certification of the qualifying diagnosis from a physician and supporting medical records.
- After submitting the claims package, the claims administrator will notify the claimant or legal representative of the decision.
- The NFL, class counsel and retired players may appeal any decision denying benefits (or awarding benefits). The administrative cost of an appeal is $1,000 (hardship waivers will be considered) and the fee will be refunded if the appeal succeeds.
- Baseline Assessment Program (BAP) – Any retired player that played at least one half season in the NFL, is entitled to a neurological and neuro-cognitive exam.
- Retired players over 43 years old must complete BAP within two years of the program start-up. Retirees 43 years of age must complete the BAP by their 45th birthday.
