Much has been written about the settlement to the NFL concussion litigation. The recently released actuarial data however lends considerable insight into more accurately evaluating the quality of the settlement.
Although media stories on the quality settlement have varied widely, according to the report handed into the court, the actual number of players expected to be compensated is rather high. The NFL Concussion Liability Forecast prepared for the plaintiffs by Dr. Thomas Vasquez of the Analysis, Research, Planning Corporation forecasts that nearly 3,600 former players will receive compensation over the life of the settlement. The average amount of their compensation will be $259,000. The amount of compensation that an individual player receives will vary based on the diagnosed illness, the age of the player at the time of diagnosis, and the number of seasons played in the NFL.
2 different reports were filed with the court.
Attorneys for the NFL and attorneys for the concussion plaintiffs recently filed their respective actuarial reports with the court detailing how they arrived at the total compensation package for the settlement. Great, interesting reading with plenty of new, insightful information.
Click below to download pdfs of the reports:
The Segal Group Report on behalf of the NFL
The Vasquez Report on behalf of the Plaintiffs
JFK with brother-in-law, actor Peter Lawford, 1962.
One of the greatest benefits of the NFL concussion litigation is actually outside of the proposed settlement. Since the first concussion case was filed against the NFL in 2011, awareness of brain injuries as a result of sports activities has grown tremendously across many sports at many levels. Discussion of the science of concussions, concussion prevention equipment and techniques and concussion treatment protocols has become commonplace.
“A rising tide lifts all the boats”
~ President John F. Kennedy, 1963 Dedication of Greers Ferry Dam, Heber Springs, Arkansas
NFL Plaintiffs Lawyer Anthony Tarricone
NFL concussion litigation steering committee member Anthony Tarricone penned a recent op-ed for the National Law Journal in which he characterized the proposed settlement as a big win for the former players.
“The benefits in this agreement provide much-needed testing, medical benefits and compensation for those who are sick today and those who may develop an illness in the next 65 years.
Put simply, the settlement guarantees that compensation is available whether a retired player is sick today or develops a neurocognitive illness years into the future.”
Shawn Wooden with Dolphin Cheerleaders (AP)
In a recent op-ed in the Orlando Sentinel, former NFL players Kevin Turner and Shawn Wooden discussed various positive attributes of the proposed concussion settlement. One of the interesting points they raised is that participation in the concussion plan’s BAP program may make it easier to qualify for other existing NFLPA neuro-benefit plans.
“Additionally, this settlement leaves intact all other benefits the NFL currently offers former players, such as the 88 Plan, Article 65 neurocognitive benefit or disability. If anything, this agreement will make it easier for us to take advantage of these existing benefits, by providing ironclad medical documentation we can use with benefit administrators.” – former players Kevin Turner and Shawn Wooden
Tony Dorsett may be the current face of the NFL Settlement CTE question (AP)
Plaintiffs attorneys for the former NFL football players are trying to clear up the question of CTE in regard to the proposed concussion settlement. A recent Sporting News piece addressed the controversial issue with the former players Co-lead Counsel, Chris Seeger.
“Seeger, co-counsel Sol Weiss and the legal team specifically fought to make sure CTE was not used to determine eligibility, he said, because they didn’t want anyone to challenge players to have to prove they have it—and that it was specifically related to concussions, and then only to ones suffered as an NFL player. It was a hurdle the lawyers did not want to subject players to.”
Judge Anita Brody's Memorandum Granting Preliminary Approval
On Monday, July 7, three years after the first NFL concussion lawsuit was filed in 2011, Judge Anita Brody issued a 21 page Memorandum granting preliminary approval of the revised class action settlement proposal. It’s now possible that the settlement could be finalized within six months or so and former football players could start receiving benefits. Of course the possibility also exists that if enough players choose to opt-out or object to the settlement over the next few months the NFL could decide to withdraw the offer and return to court.