NFL settlement fails to provide redress for majority of players
It is unfortunate that the U.S. District Court Brody granted preliminary approval to the proposed settlement of the NFL class action lawsuit without first holding a hearing to examine significant issues affecting the ability of players to obtain the compensation they deserve.
I am hopeful that hearing scheduled for November 19th, will explore the obstacles, roadblocks, and hurdles that players in all classes of injury must overcome before receiving compensation under this settlement proposal. The majority of players suffering with brain injuries are not embraced within the settlement and will receive no compensation.
The revised settlement is flawed in many respects. The proposal neither recognizes nor compensates the majority of players who suffer the long-term consequences of brain trauma, but merely carves out certain, small and discrete groups. The majority of players who have physical, cognitive, emotional, and behavioral impairments will remain uncompensated under this settlement.
Though this settlement proposal purports to generously provide financial stability for the futures of thousands of players who suffer from traumatic brain injury and its consequences, closer scrutiny reveals something entirely different. An examination of the terms and conditions of the settlement reveals a design to systematically exclude players from participation and reduce payments to the small group who meet the arbitrary criteria. It imposes unfair and illogical restrictions on the categories of compensable injuries and requires players to have participated in NFL play for excessively long periods, implicitly denying that a player can sustain a life-altering concussion after only a short NFL career. The plan is replete with complex, arbitrary, and overlapping omissions in its unwieldy and overly intricate criteria, which are then further reduced by offset for liens.