A much anticipated 765 million dollar concussion settlement between the NFL and retired players was denied by federal judge Anita Brody, citing skepticism about the setlement amount and its ability to pay for victims’ injuries over their projected lifetime.
“It is difficult to see how the Monetary Award Fund would have the funds available over its lifespan to pay all claimants at these significant award levels,” Judge Brody wrote.
The denial, which came as a shock to many, was supported by numerous players who were planning to opt out of the settlement if approved.
The compensation fund, which sets out seperate fund levels for players suffering from different forms of impairment, may not be enough when you cosnider that there are almost 20,000 retired players that may potentially seek compensation due to chronic injury
Judge Brody asked that the NFL cite their mathmatical formulas for arriving at the 765 million dollar figure, and present evidence that the settlement is fair, reasonable, and adequate.
So far the evidence presented does not have Brody convinced.
“I am primarily concerned that not all Retired NFL Football Players who ultimately receive a Qualifying Diagnosis or their related claimants will be paid,” Judge Brody wrote.
The NFL downplayed the denial, confident that they are doing the right thing
“We believe this is an extraordinary settlement for retired NFL players and their families,” the plaintiffs’ statement said.
As we learn more about the effects of football on retired players it seems that such lawsuits are inevitable. Players are seeing long term chronic effects from the game that weren’t originally anticipated when entering the league. Do you think that players should have known that the sport would cause such injuries, or are they justified in seeking compensation?
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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