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February 2015 NFL Concussion Litigation Update

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There’s been a recent development that bodes well for former NFL players and their families. On Feb. 2, 2015, Judge Anita Brody issued an order that suggests several changes to the proposed settlement of the NFL Concussion Litigation. The changes recommended by the Court are:

  • Providing credit for seasons played in NFL Europe, NFL Europa and the World League;
  • Making sure all players are guaranteed a Baseline Assessment regardless of funding limitations;
  • Extending the eligibility for Death with CTE claims from July 7, 2014, through the date of final approval by the court, whenever that may be;
  • Providing hardship provisions for players who want to appeal an adverse ruling but who can’t afford the $1,000 appeal fee; and
  • Allowing reasonable accommodations to players who don’t have medical records in support of their diagnosis due to a natural disaster or some other type of unforeseen catastrophic event

Judge Brody held a hearing on November 19, 2014, to determine whether she would issue final approval of the proposed settlement agreement. At that hearing, she heard from many of the objectors who were displeased with specific terms of the agreement. The Judge has not yet issued final approval. The Order that was filed yesterday, making these suggestions to the parties, certainly hints that she would be inclined to grant final approval once these changes have been made to the settlement agreement. Judge Brody has given the parties until February 13, 2015 to submit a proposal to address her suggestions.

Objectively, the changes that Judge Brody has requested will be beneficial to many players and their families. Of the more than 500 players and families that we are representing in the case, many will have their eligibility enhanced by these changes, or will have compensable claims where they previously did not.

As always, we will keep you informed as events develop in the case. If you have any questions or concerns regarding the NFL Concussion Litigation please contact Bruce today.

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