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 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

Concussion case by NFL players heads to Mediation

A federal case brought by former National Football League players that accuses the league of hiding dangers of concussions has been ordered to mediation. A pending motion to dismiss the case will be taken under advisement until September, giving the mediator time to bring the sides closer together. United States District Court Judge Anita Brody of Pennsylvania, ordered a retired federal judge to serve as mediator in the case. Players have charged that the league concealed for decades what it knew about the long-term effects of repeated hits to the head. The NFL maintains it issued warnings consistent with medical research available at the time. Additionally, the league contends player safety is governed by collective bargaining agreements. Each side has made strong arguments, but there is incentive to settle early. Though the owners have greater ability to absorb legal fees, discovery over a period of years could unearth evidence that might hurt the league’s reputation. Likewise, retired players, many of whom have significant health concerns, may prefer to settle sooner for less. Without a ruling, the scope of the case remains wide, involving players from decades ago, as well as those who retired recently. “Presumably, the [mediator] is experienced and he can give both sides an appraisal of the case from the perspective of someone who’s sat on the bench,” said Matthew Mitten, director of Marquette University's National Sports Law Institute. “It doesn’t hurt to take a step back and take a reality check.” See full article here-- http://nyti.ms/1bkQYmL