On April 22, 2015, Judge Brody issued a Final Order and Judgment in the NFL Concussion Litigation approving a Settlement between Retired NFL Players and the NFL. The Settlement was finalized after a lengthy process of negotiations before retired United States District Court Judge Layn Phillips. The Settlement provides for varying compensatory awards based on a Retired Players’ Qualifying Diagnosis, and waives all requirements of proving causation for Players with Qualifying Diagnoses. The maximum awards are Level 1.5 Neurocognitive Impairment ($1.5M); Level 2.0 Neurocognitive Impairment ($3M); Parkinson’s Disease ($3.5M); Alzheimer’s Disease ($3.5M); Death with CTE ($4M); and ALS ($5M). These awards are subject to mitigating offsets, including age at time of diagnosis, fewer than five Eligible Seasons in the NFL, and failure to participate in the BAP for players who have not yet received a Qualifying Diagnosis.
The Settlement has three primary components:
- An uncapped Monetary Award Fund (“MAF”) providing compensation to Retired Players diagnosed with any of the 6 Qualifying Diagnoses, which include Levels 1.5 and 2.0 Neurocognitive Impairment, Alzheimer’s Disease, Parkinson’s Disease, ALS, and Death with CTE for players who died by Final Approval, or April 22, 2015.
- A $75 million Baseline Assessment Program (“BAP”) providing Retired Players with free baseline assessment examinations of their neurological functioning. BAP funds will also be used to provide supplemental benefits such as counseling and prescription drug benefits to Retired Players diagnosed with Level 1.0 Neurocognitive Impairment.
- A $10 million Education Fund to educate Retired Players about the NFL’s existing Medical and Disability Benefits programs, and to promote safety and injury prevention for football players of all ages.
Judge Brody’s approval of the Settlement is subject to appeal, and if appeals are taken the effort to resolve claims against the NFL may be delayed for several months. Nevertheless, Judge Brody’s final approval is a huge step forward for former players and brings them closer to the justice that they deserve.
Pope McGlamry is proud of its role in bringing about the Finalized Settlement Agreement. Our lawyers have served on the Plaintiff’s Steering Committee, the Communications Committee and are Co-Lead on the Discovery Committee in the Coordinated Multi-District Litigation. Thousands of Retired NFL Players will benefit from this Settlement. If you are a Retired NFL Player who has experienced neurocognitive symptoms, feel free to contact Pope McGlamry at 877-285-7656 to schedule a case review with our expert legal team.