Sports law attorney Joseph Hanna of Goldberg Segalla provided some analysis earlier this week about how a group of Ex-NFL players filed written objections to the NFL’s proposed concussion settlement. That analysis follows:
“The main thrust of the objections revolves around CTE, a neurodegenerative disease that can only be diagnosed through autopsy. The objectors’ medical experts, Dr. Stern and Dr. Gandy, attempts to establish traumatic brain injuries as a causation of CTE. A major issue with CTE is that, since it cannot be diagnosed while an aggrieved player experiences its symptoms in life, players experiencing the early CTE symptoms cannot likely recover compensation under the settlement’s baseline monitoring program.
“The objecting group also argues that the CTE diagnosis problem causes a fatal conflict within the settlement class. Because CTE cannot be diagnosed in life, the group argues that the settlement favors currently injured class members at the expense of members who will later die or later be diagnosed with CTE. The group also takes issue with the settlement’s failure to credit seasons played in NFL’s European league. The NFL has until December 11 to file with the court its written response.”
The firm’s blog, Sports and Entertainment Law Insider can be found at http://sportslawinsider.com/