Since the early days of 2014 when the NFL’s $765 million settlement proposal was presented for review, many of the lawyers representing the ex-players voiced concerns over how the individual payouts and medical benefits will be distributed and whether the figure even comes close to answer the for the claims brought by some of the 18,000 retired players.
Seau’s Family First of Individual Objectors, Claiming Wrongful Death Payouts are Inadequate
In the wake of the concern, the surviving family members of former San Diego Chargers star Junior Seau, who killed himself in 2012, raise an objection to the current settlement figure late in January. Seau’s family claims the current deal, which a federal judge rejected earlier last month for potentially not setting aside enough money for such a large group of people, falls short by not treating people with wrongful death claims differently from those who are injured but still living. The proposed settlement terms will allocate up to $5 million for each former player diagnosed with a certain brain injuries resulting from years of repeated hits to the head in NFL games and practices.
However, for the family members of deceased NFL players, the existing offer will only provide a minimal payment totaling a few thousand dollars, according to attorneys representing the Seau family. At least 4,500 former players are plaintiffs in the pending lawsuit, filed in U.S. district court in Philadelphia, while as many as 20,000 could ultimately be eligible for payment.
Seau died in 2012 after shooting himself in the chest. His suicide note included complaints of severe depression, mood imbalance, sleep deprivation, and bouts of psychosis. A post-mortem study of his brain found that he suffered from chronic traumatic encephalopathy, or CTE, a debilitating brain condition caused by repeated hits to the head known to cause psychological disturbances, aggression, and dementia.
The Seau family attorneys further contended that any eventual settlement of the concussion lawsuit must take into account the financial needs and other losses of the survivors of players who died as a result of injuries sustained during play. The attorneys wrote:
“Mr. Seau’s children have their own claims for the wrong the NFL did to them. His children are not suing for their father’s pain and suffering, they are suing for their own.”
The attorneys also asked Judge Anita Brody to take their objections into consideration in the ongoing evaluation of future settlement proposals. A growing body of academic research into the repeated hits to the head that are a part of football, hockey or other intensely physical sports have linked those hits to sustained brain injury. The research has already prompted the NFL to make changes on the field, including a ban on a player’s use of his helmet “to butt, spear or ram an opponent violently or unnecessarily.” It also requires teams to keep players who have taken hits to the head off the field if they show certain symptoms including dizziness and memory gaps.
Judge Brody Rejected Early Settlement Terms on Suspicions of Potentially Inadequate Funding
Back on Tuesday, January 14th, US District Judge Anita B. Brody denied a preliminary approval of the NFL’s existing settlement offer, claiming she’s concerned the funds could be exhausted much sooner than expected. She also raised concerns over the condition that anyone who receives damages for concussion injuries from the NFL would be barred from suing the NCAA or other amateur football leagues. In a 12-page opinion, Brody wrote:
“I am primarily concerned that not all retired NFL football players who ultimately receive a qualifying diagnosis or their (families) … will be paid.”
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