Thursday, December 18, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Lawyers: Judge approves NFL concussion settlement

By
July 09, 2014 |

Judge Anita B. Brody

FILE - In this undated file photo provided by the U.S. District Court in Philadelphia, Judge Anita Brody is shown. The NFL agreed Wednesday, June 25, 2014 to remove a $675 million cap on damages from thousands of concussion-related claims after Brody questioned whether there would be enough money to cover as many as 20,000 retired players. (AP Photo/U.S. District Court, File)

PHILADELPHIA — A federal judge on Monday granted preliminary approval to a landmark deal that would compensate thousands of former NFL players for concussion-related claims.

The ruling by U.S. District Judge Anita Brody in Philadelphia came about two weeks after the NFL agreed to remove a $675 million cap on damages. Brody had previously questioned whether that would be enough money to pay all claims.

“A class action settlement that offers prompt relief is superior to the likely alternative — years of expensive, difficult, and uncertain litigation, with no assurance of recovery, while retired players’ physical and mental conditions continue to deteriorate,” Brody wrote.

More than 4,500 former players have filed suit, some accusing the league of fraud for its handling of concussions. They include former Dallas Cowboys running back Tony Dorsett and Super Bowl-winning Chicago Bears quarterback Jim McMahon, who suffers from dementia.

The settlement is designed to last at least 65 years and give $1 million or more to retirees who develop Lou Gehrig’s disease and other profound neurological problems.

“This is an extraordinary settlement for retired NFL players and their families — from those who suffer with neuro-cognitive illnesses today, to those who are currently healthy but fear they may develop symptoms decades into the future,” plaintiffs’ attorneys Sol Weiss and Christopher Seeger said in a statement.

NFL senior vice president Anastasia Danias said in a statement that the league was “grateful to Judge Brody for her guidance and her thoughtful analysis of the issues as reflected in the comprehensive opinion she issued today.”

The original settlement included $675 million for compensatory claims for players with neurological symptoms, $75 million for baseline testing and $10 million for medical research and education. The NFL would also pay an additional $112 million to the players’ lawyers, for a total payout of more than $870 million.

The revised settlement eliminates the cap on overall damage claims but retains a payout formula for individual retirees that considers their age and illness. A young retiree with amyotrophic lateral sclerosis, or Lou Gehrig’s disease, would receive $5 million, a 50-year-old with Alzheimer’s disease would get $1.6 million and an 80-year-old with early dementia would get $25,000.

Even with the cap removed, both sides said they believe the NFL will spend no more than about $675 million on damage claims by ex-players.

Critics of the deal have said the league, with annual revenues approaching $10 billion, was getting off lightly. They could raise objections at a fairness hearing scheduled for Nov. 19, and ultimately opt out of the settlement.

However, they would then face the risk of a protracted legal fight, and would have to prove any injuries were caused by NFL concussions and not any suffered in youth or college sports. The proposed NFL settlement had originally barred claimants from seeking a separate settlement against the NCAA, but that clause has been removed. A separate lawsuit is pending against the NCAA in Illinois.

“I think the judge has forced them to make improvements,” said University of Richmond law professor Carl Tobias, who teaches product liability law. “I think she always felt she had an obligation to the players, to be sure they were getting a fair deal … given the treatment to date.”

The settlement would be capped at $4 million on behalf of players diagnosed with traumatic brain injury after their deaths, such as San Diego star Junior Seau or Pro Bowler Dave Duerson. Both of their families, through lawyers, have expressed concerns about the settlement. Duerson died at age 50. A family lawyer has called their projected $2.2 million award to the family “not adequate.”

 

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • Recent Articles

  • Enter your email address to subscribe and receive notifications of new posts by email.

  • .

    Solano News

    Solano College trustees move back ‘home’

    By Susan Winlow | From Page: A1 | Gallery

     
    Needs of small dog give Solano man life’s mission

    By Ian Thompson | From Page: A1, 5 Comments | Gallery

     
    Christmas comes early for prenatal program participants

    By Susan Hiland | From Page: A2 | Gallery

    Jury convicts teen for role in 2012 DeBartolo’s heist

    By Jess Sullivan | From Page: A3, 3 Comments | Gallery

     
    Police chief: Suisun crime up 3 percent in 2014

    By Ian Thompson | From Page: A3, 2 Comments | Gallery

     
    Council OKs $65,730 pact to advocate for Travis base

    By Ryan McCarthy | From Page: A3

     
    Fairfield pays $42,500 to settle soil suit

    By Ryan McCarthy | From Page: A3

     
     
    Fairfield police log: Dec. 16, 2014

    By Susan Hiland | From Page: A10

    Fairfield police log: Dec. 15, 2014

    By Susan Hiland | From Page: A10

     
    Suisun City police log: Dec. 16, 2014

    By Susan Hiland | From Page: A10

    Suisun City police log: Dec. 15, 2014

    By Susan Hiland | From Page: A10, 1 Comment

     
    .

    US / World

    US, Cuba patch torn relations in historic accord

    By The Associated Press | From Page: A1, 1 Comment

     
    Fears fanned by hackers bring down Sony film

    By The Associated Press | From Page: A1

     
    Like Iran, secret diplomacy leads to US-Cuba thaw

    By The Associated Press | From Page: A1

    Pope played crucial role in US-Cuba rapprochement

    By The Associated Press | From Page: A1

     
    US travel industry carefully eyeing Cuba tourism

    By The Associated Press | From Page: A1

    US-Cuba thaw could benefit farmers, energy and travel firms

    By The Associated Press | From Page: A1

     
    Cubans cheer historic renewal of US relations

    By The Associated Press | From Page: A1, 2 Comments

    Freed American endured years of declining health

    By The Associated Press | From Page: A1

     
    Bay Bridge light sculpture to keep on shining

    By The Associated Press | From Page: A4, 1 Comment

    Study: Huge wildfire supports need for controlled burns

    By The Associated Press | From Page: A5

     
    A fresh setback for efforts to cure HIV infection

    By The Associated Press | From Page: A5, 1 Comment

    14 charged in deadly 2012 meningitis outbreak

    By The Associated Press | From Page: A5

     
    Study: Alcatraz inmates could have survived escape

    By The Associated Press | From Page: A5

    Nigerian court sentences 54 soldiers to death

    By The Associated Press | From Page: A6

     
    Colombian rebels announce unilateral cease-fire

    By The Associated Press | From Page: A6

    Russians flock to stores to pre-empt price rises

    By The Associated Press | From Page: A6, 1 Comment

     
    Pakistan buries victims of school massacre

    By The Associated Press | From Page: A6, 1 Comment

    .

    Opinion

     
    Crime Witness Protocol 101

    By Kelvin Wade | From Page: A7, 9 Comments

    Asia needs to prepare for a possible China crash

    By William Pesek | From Page: A7

     
    Editorial Cartoons: Dec. 18, 2014

    By Daily Republic Syndicated Content | From Page: A7

     
    .

    Living

    Today in History: Dec. 18, 2014

    By The Associated Press | From Page: A2

     
    Community Calendar: Dec. 18, 2014

    By Susan Hiland | From Page: A2

    Horoscopes: Dec. 18, 2014

    By Holiday Mathis | From Page: A9

     
    My siblings don’t want to replace abusive mother’s pacemaker

    By Kathy Mitchell and Marcy Sugar | From Page: A9

    .

    Entertainment

    25 movies chosen for the National Film Registry

    By The Associated Press | From Page: B4

     
    Saving Private Ryan’ among films being preserved

    By The Associated Press | From Page: B4

    TVGrid

    By Daily Republic Syndicated Content | From Page: B4

     
    .

    Sports

    For MLB, changes in Cuba will take time to sort out

    By The Associated Press | From Page: B1

     
    Falcons cruise by crushers in girls basketball

    By Paul Farmer | From Page: B1, 1 Comment | Gallery

    49ers release McDonald amid further legal trouble

    By The Associated Press | From Page: B1

     
    Carr faces another tough test in rookie season

    By The Associated Press | From Page: B1

    Painkillers lawsuit against NFL dismissed; may be appealed

    By The Associated Press | From Page: B2

     
    Garcia resigns as FIFA prosecutor

    By The Associated Press | From Page: B2

    Chattanooga women stun No. 7 Stanford 54-46

    By The Associated Press | From Page: B2 | Gallery

     
    Track coach Drummond gets 8-year doping suspension

    By The Associated Press | From Page: B2

    Warriors’ Bogut out with knee injury vs. Thunder

    By The Associated Press | From Page: B2

     
    AP source: Romo close to $15M, 2-year deal with Giants

    By The Associated Press | From Page: B2

    Baseball monitoring White House Cuba decision

    By The Associated Press | From Page: B2

     
    APNewsBreak: Judge rejects NCAA concussions deal

    By The Associated Press | From Page: B2

     
    This date in sports history for Thursday, Dec. 18, 2014

    By The Associated Press | From Page: B3

    .

    Business

    Health care exchange sign-ups exceeding last year

    By The Associated Press | From Page: B5

     
    Fed to be ‘patient’ about a rate hike; stocks soar

    By The Associated Press | From Page: B5

    McDonald’s in Japan limits orders of fries

    By The Associated Press | From Page: B5

     
    Amid scrutiny, Uber says it will focus more on safety

    By The Associated Press | From Page: B5

    .

    Obituaries

    Ernest “Ernie” Moretti

    By Nancy Green | From Page: A4

     
    Jennie Ponce Reyes

    By Nancy Green | From Page: A4

    Patricia “Pat” Anne Stringfield-Pierre

    By Nancy Green | From Page: A4

     
    Marian L. “Chicki” Downs

    By Nancy Green | From Page: A4

    .

    Comics

    Beetle Bailey

    By Daily Republic Syndicated Content | From Page: A8

     
    Frank and Ernest

    By Daily Republic Syndicated Content | From Page: A8

    Zits

    By Daily Republic Syndicated Content | From Page: A8

     
    Sally Forth

    By Daily Republic Syndicated Content | From Page: A8

    Garfield

    By Daily Republic Syndicated Content | From Page: A8

     
    Peanuts

    By Daily Republic Syndicated Content | From Page: A8

    Dilbert

    By Daily Republic Syndicated Content | From Page: A8

     
    Get Fuzzy

    By Daily Republic Syndicated Content | From Page: A8

    For Better or Worse

    By Daily Republic Syndicated Content | From Page: A8

     
    B.C.

    By Daily Republic Syndicated Content | From Page: A8

    Rose is Rose

    By Daily Republic Syndicated Content | From Page: A8

     
    Blondie

    By Daily Republic Syndicated Content | From Page: A8

    Pickles

    By Daily Republic Syndicated Content | From Page: A8

     
    Baldo

    By Daily Republic Syndicated Content | From Page: A8

    Baby Blues

    By Daily Republic Syndicated Content | From Page: A8

     
    Wizard of Id

    By Daily Republic Syndicated Content | From Page: A8

    Word Sleuth

    By Daily Republic Syndicated Content | From Page: A9

     
    Crossword

    By Daily Republic Syndicated Content | From Page: A9

    Cryptoquote

    By Daily Republic Syndicated Content | From Page: A9

     
    Sudoku

    By Daily Republic Syndicated Content | From Page: A9

    Bridge

    By Daily Republic Syndicated Content | From Page: A9