NFL, retired players move closer to final concussion settlement

The lingering legal battle between the NFL and its retired players over concussions and their long-term effects moved a step closer to final settlement Friday night.

At the urging of a federal judge, both sides agreed to make adjustments in a previously reached, tentative settlement of suits by more than 5,000 ex-players against the league.

This is the second time the NFL and attorneys for ex-players have altered their agreement in response to U.S. District Court Judge Anita Brody in Philadelphia.

Brody is considering whether to give final approval. The proposed 65-year, class action settlement would cost the NFL hundreds of millions of dollars and apply to players (not just those who sued) who retired prior to July 7, 2014 – the date Brody gave preliminary approval.

Brody issued a Feb. 2 order recommending changes to "enhance the fairness, reasonableness and adequacy" of the agreement. She set a deadline for Friday for the parties to address her concerns. They responded in an electronic court filing hours before the deadline.

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"We are confident these enhancements address the issues raised by the court and further strengthen the settlement's benefits," Christopher Seeger, co-lead attorney for the retired players, said in a statement. " … We look forward to finalizing this agreement so that retired players can begin taking advantage of its benefits."

Over the past three and a half years, more 240 suits have been filed. They were consolidated in federal court in Philadelphia. Retirees alleged that for decades the NFL knowingly failed to protect them from concussions and long-term such as depression, dementia and other disorders.

Under the tentative settlement, ex-players or their estates would be eligible for monetary awards. Individual awards would vary depending on the nature of the brain impairment, age at diagnosis and number of NFL seasons played.

Among potential awards: Up to $5 million for a diagnosis of ALS (amyotrophic lateral sclerosis), up to $4 million for diagnosis after death with the brain disease chronic traumatic encephalopathy (CTE) and up to $3.5 million for Parkinson's and Alzheimer's.

Friday's revisions addressed all five points raised by Brody.

Previously, only NFL playing seasons counted toward eligibility for awards. The judge urged "some" credit for play in the NFL's European league (known as the World League of American Football, the NFL Europe League and the NFL Europa League). The two sides agreed to a half-season of credit toward award eligibility for each season in Europe.

Previous terms included $75 million to provide retired players with neurological testing, monitoring, counseling and treatment. The judge wanted assurance that would be available "regardless of any funding limitations." The new language says that if $75 million is insufficient the NFL agrees to pay what's "necessary."

Eligibility for the death with CTE benefit had previously been available only in cases that were diagnosed prior to the July 7, 2014 date the judge granted preliminary approval. The judge suggested an extension to the date of final settlement.

The two sides agreed and said there will be a 270-day grace period for CTE diagnosis for any players whose deaths occurs between the July 7 preliminary approval and the date of final approval. Objectors to the settlement said the CTE award should be available through the 65-year life of the agreement.

Brody suggested a "hardship provision" to help ex-players with attorneys' fees if they appeal awards. The revised agreement said retirees can request a "hardship" waiver of the $1,000 fee to make an appeal.

Brody said there should be "reasonable accommodation" if retired players are unable to provide required medical records due to events beyond their control (such as a flood or fire). The revised agreement provides a "limited exemption … in the event of unavailability" of records.

In August of 2013, the two sides reached a tentative, $765 million settlement. It included a $675 million award fund for retirees diagnosed with brain impairments.

In January of 2014, Brody denied preliminary approval, questioning whether the agreement was sufficiently funded. A revised settlement reached in June of 2014 removed the $675 million cap and made the award fund open ended. The judge granted preliminary approval.

According to court documents, the settlement will apply to about 25,000 former players, provided they were retired by last July 7. Retirees had the choice to "opt out" of the settlement and retain their rights to sue. According to court documents, only about 200 opted out before the deadline last Oct. 14.

"With over 99 percent participation, it is clear that the retired player community overwhelmingly supports this settlement," said Seeger.

In the settlement, the NFL makes no admission of guilt and ex-players do not have to prove their conditions are related to NFL football.