July 2nd marked the first objection to the revised NFL concussion settlement since it was ordered into financial review earlier this year by federal judge Anita Brody. According to the objection, seven retired NFL players allege the proposed agreement has defects that make it unfair to players.
Ex-Players Object that the Language in NFL Concussion Settlement is Flawed
The objection was filed in the U.S. District Court in Philadelphia. According to the 47-page objection, the claimants feel the settlement’s limits on chronic traumatic encephalopathy (CTE) compensation and the reduction in monetary awards to players who suffered a stroke or traumatic brain injury unrelated to football is not acceptable. The objection also argues that the wording of the proposed settlement notice is “false and misleading” because it does not clearly indicate whether players diagnosed with CTE after the settlement’s preliminary approval are or are not eligible for compensation.
After the proposed $765-million settlement was rejected and ordered into review by Judge Brody in January 2014, the NFL’s attorneys submitted a revised version in June. In the revised version, the NFL lifted a previous cap on payouts to retired players who are diagnosed with a qualifying neurocognitive condition. However, to safeguard their concession, the NFL is not limited to the number of player payouts they can challenge or appeal.
Attorneys on Both Sides have Expressed Approval of Existing Settlement’s Fairness
Both the NFL and co-lead counsel for the plaintiffs contend in the revised settlement that the original compensation fund of $675 million will be sufficient to meet the needs of existing claimants. However, this week’s objection is focused on wording in the settlement language. One such example cited by the objection states that players who do not register with the claims administrator within 180 days of notice are ineligible for any benefits. Additionally, NFL Europe players do not receive any credit for seasons they may have played here in the US although they are bound by the settlement.
The seven former players who filed the objection are Roderick Cartwright, Sean Considine, Alan Faneca, Ben Hamilton, Sean Morey, Jeff Rohrer, and Robert Royal.
NOTE: Swope, Rodante P.A. is in no way affiliated with the lawsuit mentioned in this blog and has no impact or influence on the outcome of any pending or future settlements or rulings associated with this case.
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