NFL Claims Admin Audit Power Questioned

A claims administrator implementing the $1 billion NFL concussion litigation settlement is fighting efforts to limit auditing former players’ claims multiple times. Under the terms of the settlement agreement, the firm alleges it is not limited to auditing claims a single time to stop ineligible payments. Reportedly, the settlement agreement and audit rules adopted by the special master allow audit of claims at any time in the process, even after payment. They assert a need to re-evaluate a player and his claim in the audit process whenever questions about the legitimacy of a player’s claimed diagnosis arise. A group of thirty claims brought by the same counsel were put into a second audit. He contended that forcing the claims into multiple rounds of audits goes against the broader settlement agreement and damages his clients’ due process rights. Reasons for re-examination of claims given include switching doctors while claims were being audited, and eventually using a doctor who allegedly gave a high neurocognitive impairment diagnosis to a former player, while continuing to work as a corporate spokesman and host public events. It is feared the settlement program would attract unscrupulous persons if claims were investigated in limited scenarios. The NFL and co-class counsel for the players did not yet comment. See full story here-- https://bit.ly/2TMqxEX and NFL concussion site regarding some 20,532 claimants here-- https://bit.ly/2F7z78Y

NFL Concussion Settlement Registration Begins

Retired National Football League (NFL) players can now register for compensation under the league’s historic $1 billion settlement. Interestingly, a judicial status conference in which the enrollment was announced was held not in the courtroom, but in the National Constitution Center in Philadelphia. About 22,000 retirees are encouraged to get baseline neurological testing. The league expects more than 6,000 of them to eventually be diagnosed with dementia or Alzheimer's disease. Participants must register for the settlement by August 7th. The conference apparently began with opening remarks by U.S. District Judge Anita Brody, who presided over the settlement process. Brody was joined by lawyers for the players and the NFL. After stressing the registration deadline for all affected players is approaching soon, the league encouraged all class members to promptly register. The settlement provides payment for retired players diagnosed with amyotrophic lateral sclerosis, chronic traumatic encephalopathy (which is only diagnosed with an autopsy), Alzheimer’s disease, Parkinson’s disease and dementia. In addition to monetary compensation, the NFL has agreed to provide brain injury testing to players and provide payments to fund the education of concussion and sports-related brain injuries. No player will need to prove causation. The average award is expected to be about $190,000 for those suffering from Alzheimer's disease or moderate dementia. The awards do not cover depression or mood disorders. See full stories here-- http://bit.ly/2lkMGJK and http://bit.ly/2kIb0Ch

NFL No-Cap Concussion Settlement Approved

Just before the start of the 2013 professional football season, thousands of former players settled with the National Football League (NFL) over concussion-related suits. The league agreed to pay for medical benefits and injury compensation to retired players, as well as to fund medical exams, research and to pay litigation expenses. After that first deal was rejected by the trial court, a second deal doing away with a cap on the fund from which injured former players would draw was reached. The lower court, however, kept out a class of players who had argued that they should benefit from the settlement because in the future they may develop the disease chronic traumatic encephalopathy (CTE). Failure to compensate players with CTE was the primary objection to the previously approved deal which only compensates for CTE if the player has died. Several players appealed to the United States Court of Appeals for the Third Circuit. The appeals court noted that the research surrounding CTE is still nascent. Currently, CTE can be detected only by an autopsy of the brain, and the families of several former players who died and were found to have the condition stand to receive millions. Those awards apply only to players found before the settlement was approved. Appellate judges in affirming approval of the deal stated,"This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair." At the outset, the district judge had signaled a preference for settlement of the case, believing that the interests of all parties would be best served by a negotiated resolution. The settlement was characterized as avoiding litigating thousands of complex individual claims over many years and providing immediate relief and support. NFL Commissioner Roger Goodell and team owners claim they wanted to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The underlying case accused the league of hiding concussions to protect its image. See more here--http://nyti.ms/1pbsOWv and http://ble.ac/1qTAD4I

NFL Concussion Settlement Oral Argument

Just before the start of the regular season in 2013, thousands of former players first settled with the National Football League (NFL) over concussion-related suits. The league agreed to pay for medical benefits and injury compensation to retired players, as well as to fund medical exams, research and to pay litigation expenses. The lawsuits accused the league of hiding known risks of concussions and returning injured players to games. After that first deal was rejected by the trial court, a second deal doing away with a cap on the fund from which injured former players would draw was reached. Reportedly, the second settlement approved earlier this year could payout more than $1 billion. The lower court, however, kept out a class of players who had argued that they should benefit from the settlement because in the future they may develop the disease chronic traumatic encephalopathy (CTE). Failure to compensate players with CTE is the primary objection to the previously approved deal which only compensates for CTE if the player has died. Several players appealed to the United States Court of Appeals for the Third Circuit. Currently, CTE can be detected only by an autopsy of the brain, and the families of several former players who died and were found to have the condition stand to receive up to $4 million. Those awards apply only to players found before the settlement was approved last April. Apparently, appellate judges appeared skeptical during oral argument last week, noting that those conditions were widely prevalent in the general population and that players who developed the conditions would not necessarily have CTE. One judge on the panel even remarked that the settlement could be watered down by every depressed field-goal kicker. The case faced significant legal hurdles at the start that could have landed the case in arbitration instead of federal court. At the outset, the district judge signaled a preference for settlement of the case, believing that the interests of all parties would be best served by a negotiated resolution. The settlement was characterized as avoiding litigating thousands of complex individual claims over many years and providing immediate relief and support. NFL Commissioner Roger Goodell and team owners claim they wanted to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The appeals court noted that the settlement included a provision that obligates lawyers for the league and the retired players to have good-faith negotiations in the coming years to consider future science and other issues. The appellants’ lawyers argued that was inadequate because the NFL maintains veto power over any settlement amendments. See more here-- http://nyti.ms/1MYEIHZ

Court Approves NFL Concussion Settlement

After the first deal was rejected by the trial court just over a year ago, a second deal doing away with a $675 million cap on the fund from which injured former players would draw was reached. Reportedly, the National Football League (NFL) projects 6,000 of some 20,000 retired football players will suffer from dementia or Alzheimer's disease. The approved settlement could payout more than $1 billion. Plaintiffs lawyers not involved in negotiations on the second deal may still appeal over previously expressed concerns about the settlement terms. One attempt to appeal to the U.S. Court of Appeals for the Third Circuit failed last fall, with that court declining to exercise jurisdiction on review of an order granting or denying class certification. The issue on appeal involved preliminary approval of the settlement and granting conditional certification of the class for settlement purposes. Even now that approval of the settlement is final, it could be appealed which would delay benefits to eligible players. Failure to compensate players with chronic traumatic encephalopathy (CTE) is the primary objection to the deal which only compensates for CTE if the player has died. The case faced significant legal hurdles at the start that could have landed the case in arbitration instead of federal court. At the outset, the district judge signaled a preference for settlement of the case, believing that the interests of all parties would be best served by a negotiated resolution. The settlement has been characterized as avoiding litigating thousands of complex individual claims over many years and providing immediate relief and support. NFL Commissioner Roger Goodell and team owners claim they wanted to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The lawsuit accused the league of hiding known risks of concussions for decades to return players to games and protect its image. See more here-- http://bit.ly/1x1uRxX and settlement info here-- http://www.bbc.com/news/world-us-canada-32420600 and http://bit.ly/1bAyhjS and www.nflconcussionsettlement.com

Will Preemption Cause NFL Concussion Opt-outs to Opt-in Settlement?

The NFL maintains the appropriate forum for dealing with player injuries and concussions should be the Collective Bargaining Agreement grievance process, not litigation. For players that opted out of the NFL Concussion Settlement and are continuing their concussion litigation, a motion to dismiss based on preemption may be back on the table when just last week, a federal judge dismissed the prescription drug lawsuit filed by 1,300 former players (Richard Dent et al. v. NFL) on preemption grounds. In that case, the judge decided that the league addressed serious concerns in a serious way-- by imposing duties on the clubs via collective bargaining and placing a long line of health-and-safety duties on the team owners themselves. He went on to state that these benefits may not have been perfect, but they have been uniform across all clubs and not left to the vagaries of state common law. They are backed up by the enforcement power of the union itself and the players' right to enforce these benefits. This does not bode well for the former players that opted out of the settlement thousands of former players made with the National Football League (NFL) over concussion-related suits last summer. The league is reportedly paying $765 million for medical benefits and injury compensation to retired players, as well as funding medical exams, research and litigation expenses. The settlement has been characterized as avoiding litigating thousands of complex individual claims over many years and providing immediate relief and support. NFL Commissioner Roger Goodell and team owners reportedly wanted to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image. For the lawyers who negotiated the proposed settlement of the NFL's massive concussion litigation, the agreement was groundbreaking. For the lawyers whose clients objected to the settlement, it fails to compensate players suffering from the "industrial disease of football," and it allows the league to escape any determination of whether the league concealed the effects of head injuries from its players. Defending the deal, NFL and the players' attorneys insisted they wanted to help suffering players now, emphasizing difficulty in litigating causation between blows to the head and brain damage known as chronic traumatic encephalopathy (CTE) in these football concussion cases. See more here-- http://bit.ly/1x1uRxX and settlement info here-- https://www.nflconcussionsettlement.com

NFL Concussion Settlement Questioned

This week, a hearing took place to consider the deal covering thousands of former players that settled with the National Football League (NFL) over concussion-related suits last summer. The league is reportedly paying $765 million for medical benefits and injury compensation to retired players, as well as funding medical exams, research and litigation expenses. The settlement has been characterized as avoiding litigating literally thousands of complex individual claims over many years and providing immediate relief and support. NFL Commissioner Roger Goodell and the owners reportedly wanted to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image. For the lawyers who negotiated the proposed settlement of the NFL's massive concussion litigation, the agreement was groundbreaking. For the lawyers whose clients objected to the settlement, it fails to compensate players suffering from the "industrial disease of football," and it allows the league to escape any determination of whether the league concealed the effects of head injuries from its players. Now a judge must decide whether the agreement is fair, adequate and reasonable, following a lengthy hearing and request for written briefs before a decision. Defending the deal, NFL and the players' attorneys insisted they wanted to help suffering players now, emphasizing difficulty in litigating causation between blows to the head and brain damage known as chronic traumatic encephalopathy (CTE) in these football concussion cases. See full story here-- http://es.pn/1xVGuVJ and settlement info here-- https://www.nflconcussionsettlement.com

NFL Settles Concussion Claims

Just before the start of the regular season, thousands of former players settled today with the National Football League (NFL) over concussion-related suits. The league will reportedly pay $765 million for medical benefits and injury compensation to retired players, as well as funding medical exams, research and litigation expenses. Former U.S. District Judge, Layn Phillips, mediated the settlement and stated,"Rather than litigate literally thousands of complex individual claims over many years, the parties have reached an agreement that, if approved, will provide relief and support where it is needed at a time when it is most needed." NFL Commissioner Roger Goodell and the owners gave the legal team direction to "do the right thing" for former players with neurological conditions who believe their problems stem from on-field concussions. The lawsuits accused the league of hiding known risks of concussions for decades to return players to games and protect its image. See story here-- http://on.wsj.com/1a2uTM0 and NFL press release http://www.nfl.com/news/story/0ap1000000235494/article/nfl-explayers-reach-settlement-agreement-in-concussion-suit