USA TODAY International Edition
$ 765M payout is drop in bucket
“I hope the money goes to the guys who really had the concussions, or their families. But the main thing is the health care. We have subpoverty pensions. Our union sold us down the tubes.” Hall of Fame offensive lineman Joe DeLamielleure “I don’t think the NFL initially tried to hide the fact that you might have dementia one day because you’ve had a concussion.” Dallas Cowboys great Roger Staubach “I’m shocked it’s settled. I’m used to the NFL taking a hard- line approach.” Seven- time Pro Bowl T Lomas Brown “It’s a great day. My preference was when players were done playing, we’d have some kind of aftercare. It’s a great thing for both sides that guys can get aftercare now. Super Bowl XXVI MVP Mark Rypien
It is plausible a player could advance from Pop Warner to Friday Night Lights to Super Saturdays and not have a single concussion.
I wouldn’t bet my money on that, but it’s possible. Now prove it, one way or another. “It’s easy to throw around big numbers,” said Cyrus Mehri, one of the lead litigators in big discrimination settlements involving Texaco and Coca- Cola. “But it’s harder to prove that number.”
Mehri called the settlement reasonable and expects the compromise involved a formula that used a sampling of former players and weighed the severity of their conditions.
The settlement caps awards for those suffering from Alzheimer’s disease at $ 5 million, while awards can be as much as $ 4 million for families of those who died with CTE. Dementia cases are capped at $ 3 million.
“I’m sure both sides had to move substantially from their original positions,” Mehri added. “But for the players, there’s a bird- in- hand factor as well.”
Kevin Turner, a former running back battling ALS, hailed the agreement. When I saw Turner a few months ago after a court hearing in Philadelphia, he wondered if he would live to see a resolution.
“The best thing about the settlement is that it’s happening now,” Turner said on a video statement released by attorneys.
Better now than in, say, 2018. Experts had projected that discovery alone would have taken two to four years before the case reached trial.
“The first person I thought about when this came down was Kevin Turner,” Dorsey Levens, another former running back and plaintiff, told USA TODAY Sports. “He was worried that this wouldn’t happen before he checked out. I’m happy for him and guys with ALS.
“But it’s not about the money. Money is not a fair exchange for your life or mental health. When we have our brains donated to science, we’re all going to have that black CTE spot on our brain. But you’d like to know why some people are affected more than others.”
The settlement’s research component is essential. Still, the absence of more information about what the NFL knew about head injuries and risks represents a glaring void.
Christopher Seeger, co- lead counsel for the retired players, contended that exposing the NFL wasn’t the goal. He maintained medical benefits and research were the primary goals, along with compensating ex- players and their families.
But if I’m the NFL, keeping a lid on the league’s files was a major goal. Mission accomplished. Surely, head injuries pose the biggest threat to the NFL, not only for liability, but also for the viability to play football — on any level.
With ever- increasing awareness about the long- term risks, perhaps the sport has been saved. Undoubtedly, football’s landscape has changed for the better.
And that’s a good thing, at whatever price.