Thousands of brain injury lawsuits can now be resolved but many players will get nothing.
Last month, the US Court of Appeals upheld a trial judge’s prior approval of a $765 million settlement deal for ex-NFL player brain injury claims. This ruling will finally allow thousands of lawsuits covering over 20,000 retired NFL players to be resolved so that players and families can be compensated for their injuries and suffering.
However, not all parties are happy with the outcome of the appeal.
The NFL’s liability for the brain injuries suffered by players was not in question. All parties agree that the NFL was negligent in not informing players of the link between repeated head impacts and long-term brain injuries.
What is was question was the fairness of the dollar amount offered by the NFL to compensate players for Alzheimer’s, Parkinson’s, ALS, and other serious brain injuries over the next 65 years. $765 million may sound like a massive settlement, but split between all the potential brain injury victims, the cash dwindles rapidly.
The appeal focused on players with chronic traumatic encephalopathy, a condition that can only be diagnosed after death. Under the deal, deceased players’ families would receive an average of $1.4 million, while the families of any players who pass on from this disease in coming years would get far less, if anything.
The vast majority of players covered under the settlement have not yet been diagnosed with any qualifying brain injuries, though in the case of players who have chronic traumatic encephalopathy (but cannot be diagnosed) they may be living with symptoms like mood and behavior changes and suicidal thoughts.
Are There Any Options After Appeal?
Now that the settlement has been approved, the 72 percent of players who are getting nothing really have no further recourse. However, there is still hope for players who have opted out of the settlement to pursue their own individual claims.
For example, the family of Junior Seau, a former player whose suicide was linked to chronic traumatic encephalopathy, will continue to pursue their own case.
Precedent Set for Football Brain Injuries
One valuable aspect of this controversy is that it has at least raised awareness of the link between repeated football head injuries and long-term brain injury. The NFL’s admission of liability for not informing players of the risk of brain injury helps support the idea that other organizations can also be liable for player injuries.
If you or a loved one has suffered a sports brain injury due to the negligence of a school or college organization, you may be able to pursue a claim. Contact the Law Offices of Fernando D. Vargas at 909-982-0707 for a free initial consultation.
