NFL Reach Agreement Over Concussion Suit

August 30, 2013

The National Football League (NFL) has reached a tentative agreement over a lawsuit relating to brain injuries among its 18,000 retired players worth $765 million.

They have agreed 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.

More than 4,500 former athletes — some suffering from dementia, depression or Alzheimer’s that they blamed on blows to the head — had sued the league, accusing it of concealing the dangers of concussions and rushing injured players back onto the field while glorifying and profiting from the kind of bone-jarring hits that make for spectacular highlight-reel footage.

The NFL long has denied any wrongdoing and insisted that safety always has been a top priority. But the NFL said Thursday that Commissioner Roger Goodell told pro football’s lawyers to “do the right thing for the game and the men who played it.”

The plaintiffs included Hall of Famer Tony Dorsett, Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.

Under the settlement, individual awards would be capped at $5 million for men with Alzheimer’s disease; $4 million for those diagnosed after their deaths with a brain condition called chronic traumatic encephalopathy; and $3 million for players with dementia, said lead plaintiffs’ lawyer Christopher Seeger.

Any of the approximately 18,000 former NFL players would be eligible.

“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,” said NFL Executive Vice President Jeffrey Pash. “We thought it was critical to Alternative Dispute Resolution Center Irell & Manella LLP 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.”

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 lawsuit in Philadelphia in August 2011 but later committed suicide.

About one-third of the league’s 12,000 former players eventually joined the litigation. 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,” said Kevin Turner, a former running back for the Philadelphia Eagles and New England Patriots. Turner, who has been diagnosed with ALS, will serve as the lead plaintiff for one group of retired players. “I am grateful that the NFL is making a commitment to the men who made the game what it is today.”

Senior U.S. District Judge Anita Brody in Philadelphia announced the proposed agreement and will consider approving it at a later date.

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