Court Extends Opt-Out and Objection Deadline in NCAA Concussions Lawsuit Settlement

Attorneys representing all current and former NCAA student-athletes announced date changes made by the court, affecting the concussions settlement that will provide a 50-year medical-monitoring program for student-athletes to screen for post-concussion syndrome and early-onset neurodegenerative disease that may have resulted from concussions or the accumulation of subconcussive hits while playing NCAA sports.

One of the participating plaintiff’s law firms gave the following synopsis:

What are the changes?

The court’s scheduling order extends the deadline to request exclusion from or object to the settlement and includes the following date changes: a new opt-out and objection deadline of Aug. 4, 2017, and a new Fairness hearing date of Sept. 22, 2017, at 10 a.m.

What is the case about?

The suit was filed against the NCAA for allegedly failing to uphold its promise to protect student-athletes against the life-altering effects of concussions, traumatic brain injuries and the accumulation of subconcussive hits.

Who is affected?

The settlement affects student-athletes who played an NCAA-sanctioned sport at a member school, an estimated 4.4 million current and former athletes in 43 different men’s and women’s sports, and more than a thousand NCAA member institutions, ranging from Division I schools to Division III schools.

What are the settlement benefits?

The core benefits provided in the settlement include:

A 50-year medical monitoring program that will screen for post-concussion syndrome and early-onset neurodegenerative disease that may have resulted from concussions or the accumulation of subconcussive hits while playing NCAA sports. If a class member qualifies through written screening, examinations will include neurological and neurocognitive assessments. The program will be funded by a $70 million medical monitoring fund, paid by the NCAA and its insurers.

Significant changes to and enforcement of the NCAA’s concussion management policies and return-to-play guidelines. All players will now receive a seasonal, baseline test to better assess concussions sustained during the season. All athletes who have sustained a concussion will now need to be cleared before returning to play, under the terms of the settlement. Additionally, a medical professional trained in the diagnosis of concussions will be present at all contact-sport games. The settlement also stipulates reporting mandates for concussions and their treatment.

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