The settlement, announced Thursday, will be seen as a victory for the
league, which has nearly $10 billion in annual revenue and faced the
possibility of billions of dollars in liability payments and a discovery
phase that could have proved damaging if the case had moved forward.
The league has changed its rules to make the game safer and modified its
medical protocols for concussions as mounting scientific evidence in
recent years linked head trauma sustained on the field to long-term
cognitive damage. Among the terms of the agreement is that the
settlement is not to be regarded as an admission of guilt by the league.
“The settlement seems low considering the number of claimants and the
severity of their conditions, but it also shows the uphill climb in
proving the league was responsible for the players’ injuries,” said
Michael LeRoy, who teaches labor law at the University of Illinois at
Urbana-Champaign. “The league is keenly sensitive to its public image.
It changes the conversation and really lets the air out of the publicity
balloon.”
The case was widely considered a possible reckoning
for the N.F.L., which has been criticized in recent years after dozens
of former players were found to have chronic traumatic encephalopathy,
or C.T.E., a degenerative brain disease similar to Alzheimer’s disease. It is believed to be caused only by repeated head trauma. While
the settlement closes a legal case for the league, brain trauma among
current and former players may continue to vex a sport that embraces
violent collisions.
The money would be used for medical exams, concussion-related
compensation and a program of medical research for retired players and
their families. The money, which may not be
distributed for many months, will be available to all retired players
with neurological problems, not just the plaintiffs. The N.F.L. also agreed to pay legal fees for the plaintiffs’ lawyers, a sum that could reach tens of millions of dollars.
The pool of beneficiaries could be smaller or larger than the number of
plaintiffs in the case, depending on how many retired players with
neurological problems come forward. The settlement does not cover current players.
“Rather than litigate literally thousands of complex individual claims
over many years, the parties have reached an agreement that, if
approved, will provide relief and support where it is needed at a time
when it is most needed,” Layn Phillips, the mediator, said in a
statement.
C.T.E. was found in the brain of the former Eagles defensive back Andre
Waters after his suicide in 2006. Since then, the disease has been found
in nearly every former player whose brain was examined. (C.T.E. can be
diagnosed only posthumously.) Most notably, the former N.F.L. linebacker
Junior Seau was found to have the disease after he committed suicide
last year, and in 2011, Dave Duerson, a former Chicago Bears player,
shot himself in the chest, saying in a note that he wanted his brain
donated for research. Doctors determined that Duerson had C.T.E.
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