Last fall the NFL and 4,500 ex-NFL players reached a proposed settlement deal of $765 million to end the ongoing multi-district concussion litigation. In the underlying case, the NFL alumni accused the league of intentionally downplaying the risks of concussions and their correlation to later-life cognitive decline. In addition to the $765 million sum, the NFL was slated to pay out $112 million in additional funds in plaintiffs’ attorney fees.
However, on January 14, 2014, Judge Anita Brody for the Eastern District of Pennsylvania officially rejected the proposed settlement only a week after the league and plaintiffs’ attorneys jointly submitted a detailed payout plan for dividing the settlement funds. Under the proposed plan, payouts would be awarded based on an ex-player’s age and medical condition. In the order rejecting that plan, Judge Brody requested that the parties provide additional financial information for her review.
Judge Brody’s concern centered on the possibility that the proposed settlement might not be enough to provide for the 20,000 NFL retirees. She noted, “Even if only 10 percent of retired NFL football players eventually receive a qualifying diagnosis, it is difficult to see how the monetary award fund would have the funds available over its lifespan to pay all claimants at these significant award levels.”
The NFL issued a statement through spokesman Greg Aiello, noting, “We respect Judge Brody’s request for additional information as a step towards preliminary approval . . . . We are confident that the settlement is fair and adequate, and look forward to demonstrating that to the court.”
Plaintiffs’ attorneys like Christopher Seeger also remained optimistic that the settlement would eventually earn Brody’s stamp of approval. Seeger noted, “We are confident that the settlement will be approved after the Court conducts its due diligence on the fairness and adequacy of the proposed settlement. . . . Analysis from economists, actuaries and medical experts will confirm that the programs established by the settlement will be sufficiently funded to meet their obligations for all eligible retired players.”
Judge fears $765 million not enough
U.S. judge rejects $760 million NFL concussion settlement