When will the NFL Concussion case be resolved?
I’ve been getting a lot of questions from former players asking about the NFL Concussion Settlement. Most guys want to know when and where they can get the free testing and neurological evaluations that will be conducted by independent doctors selected under the BAP (Baseline Assessment Program). Others have already been tested by their own doctors and want to know when they can start filing claims for compensation.
Unfortunately, we are still waiting for the Third Circuit Court of Appeals to make a ruling on the appeals that were filed by 94 former players. It has now been almost seven months since the first appeals were filed and until a decision is made, we must continue to wait.
What’s even worse, is that even if the Appellate Court affirms the district court - Judge Brody's decision, some players may still want to take their case all the way to the Supreme Court, which could take another year or more to be resolved. That would be tragic – especially for the guys that have already been diagnosed with ALS, Parkinson’s, Alzheimer’s and dementia and have been waiting patiently for the Settlement to go into effect.
It’s hard to believe that only 94 out of 20,000 former players can delay the Settlement, but that’s our legal system. If only one player filed an appeal, it would have to be considered by the court. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year, so even if there was an appeal it would probably be rejected and do nothing but delay the process even longer.
It’s been close to 4 and half years since the first class action lawsuit was filed by my good friend and University of Richmond alumni brother Ray Easterling. He took his own life on April 9, 2012 and his wife Mary Ann has continued the legal campaign to help former players.
Ray and Mary Ann Easterling
In honor of Ray, I think they should call the NFL Concussion Settlement the R.E.S.T. (Ray Easterling Settlement Trust) fund. Ray is now at rest with many other players that could not cope with what was happening to them. Once the Settlement is approved, the players that don't currently have major cognitive impairments can also rest in peace knowing that there is a process in place for helping us if we do eventually need assistance. Like most guys that played football from pee wee to the pros, I hope I never have to tap into the Settlement funds.
As you know, U.S. District Judge Anita B. Brody approved the NFL Concussion settlement on April 22, 2015 after the NFL agreed to remove a $765 million cap so that the fund doesn't run out. The settlement also sets aside $75 million for baseline testing and $10 Million for education and research. The Settlement will cover approximately 20,000 NFL retirees for the next 65 years and it’s estimated that 6,000 former players, or nearly three in 10, could develop Alzheimer's disease or moderate dementia and be eligible for compensation now, or in the future.
The 94 players that appealed the Settlement have complained that it compensates only a few neurological conditions, and not the depression and mood disorders they link to concussions and CTE. They would also like to see a player's family compensated if they are diagnosed with CTE in a post-mortem autopsy. Sporting News writer David Steele does a good job of explaining why CTE was not included in the Settlement in this article: Players wrong on key factor in NFL concussion settlement
Several prominent attorneys have called on them to end their appeals, but those calls were ignored. I have previously written about how some former players will never personally receive an award - only their family members will - because they will die waiting for the appeals process to run its course.
For appeals filed in Federal Court, the wait can be over one year for a case to be resolved - and there is rarely anything an attorney can do to speed up the process. The Federal Courts have no deadlines on when they have to rule on a case, but they generally file their opinion about 2.7 months after oral arguments. In this case, the oral arguments were heard on November 19, 2015, so we could hear something any day now. I should also note that the Third Circuit Court of Appeals has only reversed district court decisions an average of 11.6% of the time.
Christopher Seeger, who is co-lead counsel for the plaintiffs, said that if the appeals are denied - and barring any further appeals - the process to receive benefits could be up and running within 90 to 120 days.
As I said in a previous article, I have no idea how the Third Circuit Court will rule on the appeals. All I know, is that if the court denies their appeals, I would hope and pray - for the sake of the guys that are currently battling dementia, ALS, Parkinson's and Alzheimer's disease - that the lawyer's and the players drop any further appeals of the settlement.
It's a good settlement, but it's not perfect. I can live with that, but unfortunately, there are some former players that can't. I just hope they understand that time is not on the side of the players that have serious cognitive impairments. Our alumni brothers have waited long enough for a final resolution of this litigation.
