NFL and Players Reach Concussion Lawsuit Settlement

[pbmax]

The Associated Press ‏@AP 1m
BREAKING: US judge: NFL, players reach proposed $765M settlement of concussion-related lawsuits. -SS

I wonder how close to their estimates this was?

Would love to see how much current players gave up in the CBA to fund this.

[pbmax]

Details:

Albert Breer ‏@AlbertBreer 28m
Some of the breakdown: $75M for medical exams; $675M to compensate ex-players; $10M for research/education.

Albert Breer ‏@AlbertBreer 29m
I'm separately told that the payments for individual players will be capped at $5 million.

Will Brinson ‏@WillBrinson 28m
Full press release on the NFL's settlement of the concussion lawsuit here: http://nfllabor.files.wordpress.com/2013/08/press-release-2.pdf …

Bill Barnwell ‏@billbarnwell 23m
Players will get 50% of the compensation over the next 3 years and the rest over the subsequent 17 years, so it's even less with inflation.

Bill Barnwell ‏@billbarnwell 23m
And if the compensation fund runs out of money, the NFL might be forced to add a one-time additional contribution of ... $37.5 million.

Albert Breer ‏@AlbertBreer 14m
The press release also has it in there that NFL doesn't not admit liability or that injuries were caused by football.

IT WAS THE GREENIES, FOLLOWED BY DIANABOL, FOLLOWED BY HGH

Albert Breer ‏@AlbertBreer 12m
Negotiations towards this settlement, I'm told, started nearly a year ago, in September of 2012.

Albert Breer ‏@AlbertBreer 9m
All retired players will have the chance to undergo baseline neurological evaluation, and will get monitoring and treatment if needed.

Albert Breer ‏@AlbertBreer 7m
Awards (to max of $675M, max of $5M/player) avail to those who have med evidence of severe cognitive impairment, dementia, Alzheimer’s, ALS

Albert Breer ‏@AlbertBreer 5m
NFL doesn't admit liability or football is to blame ... But flip side here: Players don't have to prove football was the cause to get awards

NO ONE KNOWS ANYTHING, PLEASE ACCEPT THIS GRATUITY

[mraynrand]

Albert Breer ‏@AlbertBreer 14m
The press release also has it in there that NFL doesn't not admit liability or that injuries were caused by football.

IT WAS THE GREENIES, FOLLOWED BY DIANABOL, FOLLOWED BY HGH

legal eagles can confer, but this is just to protect the NFL from further individual suits, I imagine. Unless there is something more specific in the agreement about players not bringing further suit.

Remember when all players would wear suits - jacket, ties - the day of the game?

[gbgary]

a win-win I suppose. glad it's over.

[pbmax]

legal eagles can confer, but this is just to protect the NFL from further individual suits, I imagine. Unless there is something more specific in the agreement about players not bringing further suit.

Remember when all players would wear suits - jacket, ties - the day of the game?

It probably precludes any of the players who signed on from getting leverage in court anymore. But the NFLPA was not a party to the suit, so future players are still governed by the current CBA. I think it would be common for this to settle all claims about this specific issue for ALL current parties (players or former players) but this was not a class-action suit. Reading the coverage, that means there are differences between this and say, tobacco.

Any settlement is predicated on three things for the defendant: making it go away, not admitting liability and not having discovery/public testimony take place. I suspect the NFL had a specific interest in all three. Avoid having judgement about how you are liable for brain damage, avoid whatever embarrassments existed about the League dithering about this issue since it first came to light and trying to stem a panic among young families letting their kids play/watch football.

[Kiwon]

I wonder how broadly people share the writer's opinion.

"Although some might see the settlement as low, the case was complicated and not a slam-dunk for the ex-players. Meanwhile, the NFL was battling a public relations nightmare of appearing to be a bully for even fighting the case."

Or this viewpoint from a reader: "Anybody that would let their kids play tackle football is completely ignorant and probably has an iq of about 100. With all the doctor reports, facts, evidence that is available today you really don't love and care about your child if they play tackle football. Period."

http://www.usatoday.com/story/sports/nfl/2013/08/29/nfl-concussion-settlement-judge-anita-brody-tony-dorsett-jim-mcmahon-junior-seau/2727483/

[pbmax]

Or this viewpoint from a reader: "[B]Anybody that would let their kids play tackle football is completely ignorant and probably has an iq of about 100.[/url]

Either that IQ number is a typo or that commenter has high standards, since 100 is average. :lol:

[Guiness]

looking at what I can easily find on this, I'm amazed that the settlement doesn't seem to be indexed to COL or inflation!

When the last payment is made in 2033...what will $700K get you? This if you're lucky
http://www.wired.com/images/article/magazine/1701/found1_f.jpg

[Kiwon]

Either that IQ number is a typo or that commenter has high standards, since 100 is average. :lol:

It came from this fake Facebook account

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-prn1/187539_637319831_114052920_q.jpg Kate Perspicacious · Top Commenter · Works at I'm rich, I don't need to work.

[mraynrand]

looking at what I can easily find on this, I'm amazed that the settlement doesn't seem to be indexed to COL or inflation!

When the last payment is made in 2033...what will $700K get you? This if you're lucky
http://www.wired.com/images/article/magazine/1701/found1_f.jpg

I don't think I've been in McDonald's for a decade. Is that a typeII diabetes warning on the happy meal box? Geezus we're a weird society.

[digitaldean]

Mandarich was one of plaintiffs. How the heck does he rate? He had such an insignificant career, that he doesn't rate. The old players , who get jobbed by NFLPA, deserve it more than the newer guys.

Guys like Butler, Levens I have to scratch my head about it. Lets hope this is the last we from the ambulance chasers and their clients. Getting pretty tired of this victim mentality from guys who made a killing money wise.

[MadScientist]

I wonder how broadly people share the writer's opinion.

"Although some might see the settlement as low, the case was complicated and not a slam-dunk for the ex-players. Meanwhile, the NFL was battling a public relations nightmare of appearing to be a bully for even fighting the case."

The more the concussion talk was kept alive, the worse it would be fore the NFL. If it went to trial there would be a lot of stories from players and doctors ready made for sound bites about how much damage was done and how bad life had become. Some will think the players were compensated enough, but many will think that permanent brain damage goes beyond what a player could reasonably expect because who you are comes from your brain.


Or this viewpoint from a reader: "Anybody that would let their kids play tackle football is completely ignorant and probably has an iq of about 100. With all the doctor reports, facts, evidence that is available today you really don't love and care about your child if they play tackle football. Period."

http://www.usatoday.com/story/sports/nfl/2013/08/29/nfl-concussion-settlement-judge-anita-brody-tony-dorsett-jim-mcmahon-junior-seau/2727483/

That reader is the real ignorant one, an IQ of 100 is by definition average. Parents with high IQ's will tend to place a higher value on brain power and be more leery of head injuries, but soccer would also cause concern for that as well, with all the headers. The love and care part of the comment was just stupid.

[MadScientist]

Mandarich was one of plaintiffs. How the heck does he rate? He had such an insignificant career, that he doesn't rate. The old players , who get jobbed by NFLPA, deserve it more than the newer guys.

Guys like Butler, Levens I have to scratch my head about it. Lets hope this is the last we from the ambulance chasers and their clients. Getting pretty tired of this victim mentality from guys who made a killing money wise.

Manwich did have concussion problems:
http://articles.chicagotribune.com/1992-11-08/sports/9204110393_1_incredible-bust-hypothyroidism-packers-officials

[MadScientist]

Really interesting take from Staubach.
http://profootballtalk.nbcsports.com/2013/08/29/staubach-doing-well-at-71-despite-career-ending-concussions/

It would be interesting to take a closer look at his brain given all the whacks it took. How is he doing well when many others have issues. I have no doubt that he's right about people piling on to the lawsuit, but there have been plenty of well documented cases of brain damage to ex NFL players. The question is did his brain just not have the long term damage, or did it just adapt well to it?

[QBME]

The more the concussion talk was kept alive, the worse it would be fore the NFL. If it went to trial there would be a lot of stories from players and doctors ready made for sound bites about how much damage was done and how bad life had become. Some will think the players were compensated enough, but many will think that permanent brain damage goes beyond what a player could reasonably expect because who you are comes from your brain.





I agree that it would have been a publicity challenge for the NFL. But on the other side of the coin (no pun intended) could the players realistically have gone toe-to-toe with the NFL in a protracted trial? I have no idea what size their legal war chest is, but King Roger and his cabal could have thrown unbelievable cash at it and kept the meter running for years. I think the players perhaps realized they could end up with jack shit, took the money and ran, and I can't blame them.

[digitaldean]

Manwich did have concussion problems:
http://articles.chicagotribune.com/1992-11-08/sports/9204110393_1_incredible-bust-hypothyroidism-packers-officials
Stand corrected. Thanks for the link.

[pbmax]

Lawyers with deep pockets were after the League and its deep pockets so the players were on an even playing field in those terms. In return for fronting the money, the Lawyers get a significant slice (25 or 33%) without even needing to go to court.

It would have gotten ugly for both sides. For each player in a bad way that would have made news and bad PR for the League, there were 3 or 4 (McMahon, Mandarich, Butler, Levens) for whom the effects were not as visible.

As for QBs with a history of multiple concussions that experience a typical retirement, the state of the research last time I read up was that the number of blows over time was the most significant contributing factor. Even if the repeated blows were sub-concussive, they could still make the player susceptible to later, more serious injury.

So while Commissioner PressRelease and the Competition Committee are worried about QBs and WRs in the middle of the field, the most significant damage is probably occurring along the LOS on every snap.

[QBME]

Lawyers with deep pockets were after the League and its deep pockets so the players were on an even playing field in those terms. In return for fronting the money, the Lawyers get a significant slice (25 or 33%) without even needing to go to court.

It would have gotten ugly for both sides. For each player in a bad way that would have made news and bad PR for the League, there were 3 or 4 (McMahon, Mandarich, Butler, Levens) for whom the effects were not as visible.

As for QBs with a history of multiple concussions that experience a typical retirement, the state of the research last time I read up was that the number of blows over time was the most significant contributing factor. Even if the repeated blows were sub-concussive, they could still make the player susceptible to later, more serious injury.

So while Commissioner PressRelease and the Competition Committee are worried about QBs and WRs in the middle of the field, the most significant damage is probably occurring along the LOS on every snap.

Well stated as usual.
An interesting tidbit in the news reports is that the NFL is covering "some legal fees" as part of the settlement. I have no idea what that translates to in terms of billings, but my gut tells me it's not quite the customary percentage, but worth their time and effort for a quick resolution. Some of the national pundits were speculating a $10BN exposure for the NFL for a ruling in favor of the players. If that is truly the case, they settled for a little less than 8% of the pot.

Again, I really hope, as you pointed out, I hope the help goes to those who really need/deserve it.

[Guiness]

Close line play probably does result in some minor, if repeated concussions. Over in the Reggie Williams thread we're talking about Astroturf and I remember seeing some guys head bounce off that surface.

[Patler]

For each player in a bad way that would have made news and bad PR for the League, there were 3 or 4 (McMahon, Mandarich, Butler, Levens) for whom the effects were not as visible.

If you mean that McMahon is not in a bad way, he really is. He has already been diagnosed with early stage dementia, and his condition has had significant impact on his present lifestyle. Can't remember his team mates, daily schedule, things like that. His wife keeps a running daily log so he knows what he has to do that day, what things are in the days ahead that he needs to prepare for, etc. He's just 54.

[Guiness]

If you mean that McMahon is not in a bad way, he really is. He has already been diagnosed with early stage dementia, and his condition has had significant impact on his present lifestyle. Can't remember his team mates, daily schedule, things like that. His wife keeps a running daily log so he knows what he has to do that day, what things are in the days ahead that he needs to prepare for, etc. He's just 54.

Agreed, McMahon should not be on the 'not that bad off' list. That guy took an absolute pounding on the field and aside from any concussion related issues, the rest of his body (shoulders, knees, etc) are in bad shape as well. He was one of the 6 original players that filed the class action suit against the NFL and SI did a story on his condition.

[Patler]

Agreed, McMahon should not be on the 'not that bad off' list. That guy took an absolute pounding on the field and aside from any concussion related issues, the rest of his body (shoulders, knees, etc) are in bad shape as well. He was one of the 6 original players that filed the class action suit against the NFL and SI did a story on his condition.

SI had an article on him about a year ago. Apparently he has gone downhill very quickly in just a couple years. I read several other articles about him that he said he had been very outgoing, engaging and charismatic. Enjoyed being at "events" etc. Now, he often is in a mental fog, doesn't remember what city he is in or what he just did minutes ago and shows little personality.

[mraynrand]

SI had an article on him about a year ago. Apparently he has gone downhill very quickly in just a couple years. I read several other articles about him that he said he had been very outgoing, engaging and charismatic. Enjoyed being at "events" etc. Now, he often is in a mental fog, doesn't remember what city he is in or what he just did minutes ago and shows little personality.

Yeah I saw him a while back and it is quite tragic. It's amazing how bad this stuff is that it makes you truly feel sorry for a guy you absolutely hated as a competitor.

BTW, one of my fav. Jim McMahon stories is about when he was at BYU. They had a strict no alcohol policy, so of course Jim gets a six pack and drinks it on the main campus lawn. At least that's what I recall from a story told to me by a fellow student who witnessed it. Makes me wonder about the contribution of other substances to these guy's conditions. A very hard, physical life on the field coupled with a hard life off the field - bad combo.

But my heart goes out to guys like McMahon, Seau, Webster, and even Al Toon, who seems to be living in a lighter fog than McMahon. Damn shame.

[pbmax]

If you mean that McMahon is not in a bad way, he really is. He has already been diagnosed with early stage dementia, and his condition has had significant impact on his present lifestyle. Can't remember his team mates, daily schedule, things like that. His wife keeps a running daily log so he knows what he has to do that day, what things are in the days ahead that he needs to prepare for, etc. He's just 54.

I have not seen him very recently, only heard him on the radio. He sounded alert and coherent (he was never a scintillating interview in my mind) but he might not qualify for the "doesn't look injured" squad. But there are many other players, some recently retired, who seem no worse for wear from appearances who have filed suit.

I still hold that both sides could have pointed to certain plaintiffs to make their case in the public relations sphere.

[Patler]

I still hold that both sides could have pointed to certain plaintiffs to make their case in the public relations sphere.

I'm sure they could have, there are always plaintiffs at each extreme in a huge, multi-party suit. I wasn't disputing that part of your comment. I just wanted to point out the problems that McMahon is having.

[pbmax]

I'm sure they could have, there are always plaintiffs at each extreme in a huge, multi-party suit. I wasn't disputing that part of your comment. I just wanted to point out the problems that McMahon is having.

Gotcha; no problem. I feel bad for including McMahon erroneously, as I tend to sympathize on this issue with players whose complaints might not be obvious. Including him proved my point that its easy to dismiss injuries to mental faculties.

[Jimx29]

Some of the better known Packers:

Chris Jackie?
I suppose it's as logical as some of the other teams players :huh:

http://bleacherreport.com/tb/db88g?utm_source=newsletter&utm_medium=newsletter&utm_campaign=green-bay-packers

[pbmax]

http://espn.go.com/espn/otl/story/_/id/9622926/players-initially-sought-2-billion-plus-nfl-concussion-settlement

A Post Mortem on Settlement Talks

1. Players initial offer was $2 billion, League had similar lowball, but unclear how low.

2. Players were told significant numbers of players would be dismissed if Judge on case were to get to the ruling on motions stage.

3. Owners were told a significant number of players (those who claims did not extend from 1994-2000) would make it to court.

4. NFL told players they were willing to go to court, but they were apparently willing to settle to avoid disclosure and press. Unfortunately, this is the weakest part of the article, its not specific and the NFL stance would be typical of any defendant who believes they may prevail (not certain) in court.

5. $765 million is amount of payout to players but does not represent the lawyers fees. The NFL will pay those, and the total payout to the League is estimated at about $1 billion.

Interesting that the players in 1994 to 2000 were in jeopardy of being thrown off the case. 1994 was the year the NFL's first concussion committee was formed and it is that committee where most of the publicly known instances of a research, recommendation and implication shell games were centered. So either the committee itself shielded the players and later, worse, behavior caused the NFL risk, OR the CBA/NFLPA agreements were changed/formalized and there was not enough significant disagreement over the poor work until after 2000.

Most of the current stories and research about the effects concussions can have are relatively recent. But the Committee's inability to deal effectively with damaging research in the field was evident early. But I think the largest step the Committee took was the recommendation to allow players to re-enter games if symptoms subsided on the sidelines. I believe that was an early step and is now thought to have been nearly completely wrong. *Note: might not have been an early step, it was still possible in 2007 for this to happen.*

Neurological testing on the sidelines is difficult on Game Days and there is much doubt about the efficacy of tests under those conditions. The tests in use at the time were modest and there was no player baseline to refer to, each player was compared to one standard. The test were simple enough that players could lie and pass several of them and in some cases evade part of the test entirely.

[Patler]

...and then there is boxing......

[pbmax]

...and then there is boxing......

Funny you should mention boxers:


At a press briefing afterward, Omalu's name kept coming up, and so Casson responded: "The only scientifically valid evidence of chronic encephalopathy in athletes is in boxers and in some steeplechase jockeys. It's never been scientifically, validly documented in any other athletes."

Read More http://www.gq.com/sports/profiles/200909/nfl-players-brain-dementia-study-memory-concussions#ixzz2dlQgfGlQ

Omalu is the guy who spotted the damage in Mike Webster's brain. Casson was a physician on the NFL's Mild Traumatic Brain Injury Panel. Needless to say, Omalu was proven correct.

[MJZiggy]

Funny you should mention boxers:

Omalu is the guy who spotted the damage in Mike Webster's brain. Casson was a physician on the NFL's Mild Traumatic Brain Injury Panel. Needless to say, Omalu was proven correct.

Steeplechase jockeys??? WTH?

[pbmax]

Steeplechase jockeys??? WTH?

Sometimes the horse forgets to jump.

Or just stops.

[MJZiggy]

Sometimes the horse forgets to jump.

Or just stops.

Ok, but if we're going equestrian, I'd have thought something more along the lines of bronco breaking or bull riding (even though that's not technically equestrian, but you get my drift...)

[mraynrand]

Ok, but if we're going equestrian, I'd have thought something more along the lines of bronco breaking or bull riding (even though that's not technically equestrian, but you get my drift...)

Oh Dear! How Gauche!

http://www.ohalloranco.com/media/images/category/equestrian_apparel.jpg

[MJZiggy]

Oh Dear! How Gauche!

http://www.ohalloranco.com/media/images/category/equestrian_apparel.jpg

They just seem a little more rough and tumble, dear.

[mraynrand]

They just seem a little more rough and tumble, dear.

OK. But if we're going to get into a discussion about type and quality of mounts, that might be better suited for the GC.