NFL Concussion Litigation Settled Out of Court


Twitter and my in box is exploding at this very moment…  The NFL and the players who have filed suit against the league have come to a settlement of $765,000,000, Judge Brody’s statement can be found HERE.  This works out to about $170,000/player or estate if there were only 4,500 plaintiffs (numbers are not clearly known).

This is a good thing for the league, and for some players this is well needed cash flow.  If the promise of establishing a better future with study and plans for players hold true it will be a great day.  But excuse me if I’m a bit reserved on the confetti and marching bands…

The 88 plan was supposed to be the answer, then the new Head Neck & Spine Committee, then the Mackey Council within the league (headed by Sean Morey).  There have been many band aids placed on this gashing wound before, perhaps just throwing money at it will clot it up?

Moreover, the fact that the NFL does not have to go through discovery in the litigation process makes those in Manhattan pop the champagne!

Doesn’t it seem a bit coincidental that this has come on the heels of the release of “The United States of Football” and the upcoming release of the Frontline (formerly co-partnered with ESPN)  “League of Denial“?

Perhaps I am skeptical, fine, but who has really won in this?

9 thoughts on “NFL Concussion Litigation Settled Out of Court

  1. Eric Nussbaum August 29, 2013 / 15:05

    I’m with you Dustin. 24 million/team over 20 years, that’s 1.4 million/year/team….765 million is less then 10% of annual NFL revenue of 9.5 billion/yr…This is a payout over 20 years…….pennies! You also aren’t figuring the attorney fees!!!! Sure the players get some $$$, but for those really suffering w/ dimentia, CTE, PCS, and mental illness, this $$ is a drop in the bucket. The NFL is the big winner because they don’t have to answer any questions and assume no guilt! This was a big black cloud over the NFL and did threaten their financial empire. I’m with you, I’m a bit skeptical about the commitment and absolutely agree the movie and frontline stories may contain some damning information. It becomes boldly apparent why ESPN backed out of the frontline story. They are one of the biggest marketers of the NFL. Knowing that this settlement was coming, the NFL just wants to put this behind them and didn’t need anything clouded by the story. With all the CBA this essentially ends litigation against the NFL related to concussion. If there’s a winner, it’s the NFL.

    • G. Malcolm Brown August 30, 2013 / 06:56

      NFL should lead the way on R&D of less dangerous headgear…! We hope they fund design changes for a safer game on all levels. Millions of young players will incur some degree of a concussion this season from being hit by hard plastic helmets .

      Thanks ,
      G. Malcolm Brown

  2. Jake Benford August 29, 2013 / 16:37

    I agree. The NFL is the clear winner here. I think we were all hoping that even if they did not win financially, the players stood to win on principal. $170K will pay for 2-3 yrs of full time care, if that. That’s nothing when some of these players are needing assistance in their 50/s. This is a lose/lose for the players, former and current.

  3. G. Malcolm Brown August 29, 2013 / 16:41

    Maybe … Now is a good time to start solving the problem ,, with football helmets
    is at all age levels ..!

    • Dustin Fink August 29, 2013 / 17:30

      I will give you a hint, G., it won’t be a helmet alone that will solve the problem… It will be something a kin to a HANS device that allows for freedom of movement…

      You can wrap that egg in all the bubble wrap you want but if shaken hard enough the yolk will still be damaged…

      Now you have a clue to approach it, go knock yourself out!

      • G. Malcolm Brown August 29, 2013 / 19:24

        Thanks Dustin,
        You are at least on the plus side of the concussion problem..and doing a service with info on recovery and RTP,..!

        —- NFL could have funded real R&D .. but chose this road instead..

        Oh.. they did set up a ” study group” at Harvard..with $10 M ..a good move , looked like real concern…!

        Keep up the good work,,

        G. Malcolm Brown

  4. joe bloggs August 29, 2013 / 18:06

    Actually it is a lot less, the settlement covers 15600 living players. There is no data on how many are symptomatic or will become symptomatic. Remember the NFL has been cooking research for decades.

    The players have been completely reamed. The game has been reamed because we have no clue what the real data suggests. The NFL did nothing wrong.

    The GE, DoD, UnderArmor crap can be shut down. Nothing to see, move along.

    Lystadt laws have cap any liability from the youth leagues. NCAA is being drip dried.

    All the water carries pimped by Roger and Jeff will now be phased out. So mommy bloggers on the payroll say good-bye. USA Football should be gone in a few years after everyone figures out Heads Up football was nonsense.

    Steve Florio, or should I say, the fellow who posts anything sent to him Greg Aiello, nice job. The junk researchers will continue to produce junk research because why alter the pattern. On the other hand, they don’t need Guz, Collins or the rest of the gang much longer.

    Where is Demaurice Smith? the union head. Dancing with the rest of the tobacco lawyers who screwed the players. Actives will pick up the bill and there is not nearly enough to pay the retirees. The union didn’t get sued so he will continue to collect 2,5MM a year.

    If Judge Brody has any heart, she should compel a truth commission as part of the settlement so we can at least see what was hidden from the public so long. I would like to understand what Paul Tagliabue knew and when especially in reference to children.

    • The acknowledged billions of dollars the NFL earns per year plus perhaps additional unacknowledged monies earned per year makes the $ettlement a sham…for the players.

      Over the past few years I have provided consultation services to various Care Centers (formerly called Nursing Homes).

      No amount of money can make up for the shattered dreams of families of residents who display dementia and other significant brain impairments.

      Furthermore, my understanding is that the current cost of this residential care in my geographic region is approximately $100,000 per year. …And I am not discussing nursing homes for the wealthy.

      So do the math… and then add in the “emotional costs ” of the shattered dreams…

      and sadly, when the Settlement dust has cleared —

      the concussion issue / brain injury issue remains an ongoing & significantly under-addressed crisis…

      • Some additional thoughts added to my above my statement:

        The acknowledged billions of dollars the NFL earns per year makes the $ettlement a sham…for the NFL players and other athletes who participate in football…and the general public.

        The general public and organized football from youth football players to the NFL players have been denied the right to acquire knowledge re the adverse implications of concussions / brain injury.

        The general public possess a strong and inherent right to know this information since numerous, if not all, NFL stadiums are at least partially funded by taxpayers.

        Sadly I believe brain injury misinformation will continue to be disseminated re the adverse effects of concussions or more precisely called, brain injuries.

        Furthermore, over the past few years I have provided consultation services to various Care Centers (formerly called Nursing Homes).

        No amount of money can make up for the shattered dreams of families of residents who display dementia and other significant brain impairments.

        In addition, it is my understanding that the current cost of this residential care within my geographic region is approximately $100,000 per year. …And I am not discussing nursing homes for the wealthy.

        So do the math… and then add in the “emotional costs” of the shattered dreams…

        and sadly, when the settlement dust has cleared…

        the concussion issue / brain injury issue continues to remain an ongoing & significantly under-addressed crisis for all persons along the developmental spectrum.

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