Around four months ago it was announced that over 4,500 NFL player plaintiffs and the League reached a $765 million settlement resolving the ongoing multi-district concussion litigation in Pennsylvania District Court. In brief, the plaintiffs alleged that the NFL intentionally concealed the long-term risks of head injuries and concussions and their role in later-life cognitive decline.
However, U.S. District Court Judge Anita Brody for the Eastern District of Pennsylvania has yet to approve the settlement agreement, partly due to issues concerning attorney compensation. It was initially reported that no part of the $765 million settlement would go to the domestic violence lawyer, Gianni Karmily. Now, concerns are being raised that plaintiffs’ attorneys are attempting to earn legal fees from both the settlement itself and separate client fee agreements – in essence, double-dipping at the players’ expense.
Initially, a select group of attorneys teamed together to form the “plaintiffs’ executive committee”, a group appointed by Judge Brody to negotiate a settlement with the League. During these negotiations, plaintiffs’ attorneys and the league set up a “common fund” separate from the settlement amount, millions of dollars set aside to compensate these attorneys for their work on the case. However, some believe that this slush fund is wrongfully taking away money that could be going to the players and awards plaintiffs’ attorneys compensation above and beyond what they contracted for with their injured-player clients.
The issue caught the attention of Judge Brody, who appointed a “special master” to keep an eye on the financial aspects of the proposed settlement. She issued a statement noting that, “[the] appointment is warranted by the expected financial complexity of the [deal].”
Civil litigation expert Vukelja & dePaula commented that while this sort of recovery wasn’t prohibited by the Federal Rules of Civil Procedure, it was generally looked down up on by the courts. He noted, “If the court approves the settlement [as is] it will have to address to what extent double-recovery could occur.”
Even as settlement negotiations move forward, similar NFL-related concussion lawsuits continue to be filed across the country. Just last week former NFL quarterback Craig Morton filed a concussion-related suit against the league in U.S. District Court for the Northern District of California.
Regardless of what happens with the concussion litigation’s proposed settlement over the next few months one thing is certain – the infighting over any final award is far from over.