The National Football League and counsel for the retired player-plaintiffs have announced a revised settlement agreement in the NFL concussion litigation pending in the U.S. District Court for the Eastern District of Pennsylvania. In the revised agreement the NFL’s obligations under the monetary award fund will not be capped at any specified amount. This means that once the compensation program is established funds will be available to any retired player who develops a qualifying neurocognitive condition.
The revised settlement agreement is the result of several months of intensive work under the supervision of presiding Judge Anita B. Brody and the Court’s special master, Perry Golkin. The parties are grateful to Judge Brody and Special Master Golkin for their guidance in helping to reach the agreement submitted for preliminary approval today. Consistent with the settlement announced last year, the revised agreement provides a wide range of benefits to retired NFL players and their families, including a separate fund to offer all eligible retirees a comprehensive medical exam and follow-up benefits, and an injury compensation fund for retirees who have suffered cognitive impairment, including dementia, Alzheimer’s, Parkinson’s or ALS. Where the retiree is deceased or unable to pursue his claim, a family member may do so on his behalf. While actuarial estimates from both parties supported the $765 million settlement that was announced in August, this new agreement will ensure funds are available to any eligible retired player who develops a compensable injury.
“This agreement will give retired players and their families immediate help if they suffer from a qualifying neurocognitive illness, and provide peace of mind to those who fear they may develop a condition in the future,” said co-lead plaintiffs’ counsel Christopher Seeger and Sol Weiss. “This settlement guarantees that these benefits will be there if needed, and does so without years of litigation that may have left many retired players without any recourse.”
“Today’s agreement reaffirms the NFL’s commitment to provide help to those retired players and their families who are in need, and to do so without the delay, expense and emotional cost associated with protracted litigation. We are eager to move forward with the process of court approval and implementation of the settlement,” said NFL Senior Vice President Anastasia Danias.
The agreement also provides that the NFL will set aside $10 million for education on concussion prevention, as well as pay the costs of providing notice to the class and for administration of the settlement. If the Court grants preliminary approval, retired players will be formally notified of the settlement, with a final approval hearing likely to occur later this year.