BILLION-DOLLAR DECISION
Court affirms concussion settlement
It’s not perfect, but it’s good. And it’s fair.
That’s the main reason a U.S. appeals court on Monday upheld in full the nearly US$1-billion settlement brought against the NFL on behalf of thousands of retired (or deceased) players, who suffer or suffered from brain maladies believed to have been caused by pro football.
Four years ago ex-NFLers began to sue the league, claiming the league failed to take reasonable actions to protect them from the chronic risks of head injuries. Myriad lawsuits eventually folded into one master complaint from former players and/or their families as plaintiffs.
In April 2015 a Pennsylvania judge revised the original US$765-million settlement, raising its value to an estimated $1 billion, and quadrupling the number of pre-2014 NFLers who may some day benefit to 20,000.
Plaintiffs did not have to prove pro football caused their concussions or brain maladies (such as ALS, dementia and Parkinson’s), while the NFL did not have to admit any guilt.
Initial payments were delayed until the resolution of an appeal filed by 94 of the plaintiffs, angry there is no compensation specifically for CTE, the degenerative brain disease that can result from playing collision sports.
On Monday a three-judge panel in the U.S. Third Circuit sided against those appellants, confirming the original settlement.
“It is the nature of a settlement that some will be dissatisfied with the ultimate result,” Judge Thomas L. Ambro concluded on behalf of the appeal-panel trio. “Our case is no different, and we do not doubt that objectors are well-intentioned in making thoughtful arguments against certification of the class and approval of this settlement.
“They aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives. But they risk making the perfect the enemy of the good.
“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.”
Individual NFL retirees — or their survivors — may now receive up to $5 million for the most seriously afflicted, reports said.
In their ruling the judges termed the admission last month by an NFL executive that there “certainly” is a link between football and degenerative brain disorders such as CTE, as “an important development because it is the first time, as far as we can tell, that the NFL has publicly acknowledged a connection between football and CTE.
“On the other hand,” Ambro wrote, “the NFL is now conceding something already known.’’
If the objectors choose to continue their legal battle against the settlement, reports say they can seek an appeal before the entire panel of third-court judges, or take their case to the U.S. Supreme Court.