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Judge denies approval of NFL concussion suit settlement

SP33Demon

SP33Demon

Lifer
http://espn.go.com/nfl/story/_/id/1...al-765-million-nfl-settlement-concussion-case
PHILADELPHIA -- A federal judge denied preliminary approval of a $765 million settlement of NFL concussion claims, fearing it may not be enough to cover 20,000 retired players.

U.S. District Judge Anita B. Brody asked for more financial information from the parties, a week after players' lawyers filed a detailed payout plan for her review.

NFL commissioner Roger Goodell defended the league's $765 million concussion settlement in September, but a judge denied preliminary approval of the plan Tuesday.
"I am primarily concerned that not all retired NFL football players who ultimately receive a qualifying diagnosis or their (families) ... will be paid," Brody wrote in a 12-page opinion filed Tuesday morning.
...
More than 4,500 former players have filed suit, some accusing the league of fraud for its handling of concussions. They include former Dallas Cowboys running back Tony Dorsett and Super Bowl-winning quarterback Jim McMahon, who suffers from dementia.
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The NFL thought it was going to get off easy on this. Not so fast.

I can't wait to see how much Wes Welker will get, he's had what, 3 concussions this year alone and 15+ in his career? Dude is going to be a walking veggie by the time he's done and you know current players are going to sue. I wonder if current players will be able to file future suits after this one if the money runs out.

Other interesting developments are the assumption that you have be a total veggie to even get paid.

The decision comes as concerns continued to be raised about the settlement. Ken Belson of The New York Times reported some players were considering an option to opt out of the deal even before the judge's latest decision.

He included comments from Fred Smerlas, a former player who was concerned not every player in need of help would get it based on their condition:

"If you're a vegetable and can't do anything, you'll get money, but if you're struggling every day and can't sleep, you don't get any money," said Fred Smerlas, an All-Pro nose tackle who played 14 seasons with the Buffalo Bills, the San Francisco 49ers and the New England Patriots. "This is no settlement, this is window dressing. It's hard for someone with a bow tie and a pipe to know what’s going on in our heads."
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That's lame if true.
 
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I hope the NFL takes it up the poop chute.

What a greedy bunch of idiots (the front office). I hope so many bad things happen to the league that its forced to close. Then maybe we can get real football again.

The main thing I really want to happen is for the NFL to have to publicly open its books. I want to know how much each team and the league is really pulling in.
 
Added more to the OP. It seems like you will have to be a total veggie to get money vs only minor things like "not being able to sleep" and consequently "struggling every day". I suppose they had to draw the line somewhere but not being able to sleep is a big deal and it shouldn't be hard to prove that football caused it.
 
I don't agree with punishing the NFL for players hurting players. The nature of the game is defense tackling the offense guy with the ball. Players that are ball carriers typically get more concussions than non-ball carrying players. (Of course you get the occasional defensive secondary collisions between ball carriers and other defensive players too) Most of the people going after the NFL are simply wanting to extract money from the organization and I'm getting the feeling that it's kind of like ambulance chasing for players who played only a short time before leaving the league.

The NFL, NCAA, and Players Associations don't want anyone to get hurt. Most of the players that got concussions and no longer play would have continued playing if they didn't have OTHER injuries or didn't make the cut. Typically knee issues or foot issues or back issues or neck issues cause more long term harm to the game playing ability. I know the long-term head injuries are causing severe depression and other problems. I'm glad the NFL and referees are taking a solid stance to help reduce those injuries where possible and hope new developments in helmet technologies and the rules of engagement for players will make things even better in the future without taking away from the spirit of the game.
 
Scarpozzi said:
I don't agree with punishing the NFL for players hurting players. The nature of the game is defense tackling the offense guy with the ball. Players that are ball carriers typically get more concussions than non-ball carrying players. (Of course you get the occasional defensive secondary collisions between ball carriers and other defensive players too) Most of the people going after the NFL are simply wanting to extract money from the organization and I'm getting the feeling that it's kind of like ambulance chasing for players who played only a short time before leaving the league.
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What would you say if the NFL knew that after employees received severe blows to the head, they should be pulled out of the game, else it would increase the risk of permanent injury to the player. But, the NFL decided to keep that knowledge hidden from the players and put those big name players back into the game, because that helps the NFL's bottom line?
 
rudeguy said:
I hope the NFL takes it up the poop chute.

What a greedy bunch of idiots (the front office). I hope so many bad things happen to the league that its forced to close. Then maybe we can get real football again.

The main thing I really want to happen is for the NFL to have to publicly open its books. I want to know how much each team and the league is really pulling in.
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agreed.

...especially if shutting down the league forces all teams to be bid for and sold on the open market--this obviously appeals to me as a Redskins fan.

😀
 
Scarpozzi said:
I don't agree with punishing the NFL for players hurting players. The nature of the game is defense tackling the offense guy with the ball. Players that are ball carriers typically get more concussions than non-ball carrying players. (Of course you get the occasional defensive secondary collisions between ball carriers and other defensive players too) Most of the people going after the NFL are simply wanting to extract money from the organization and I'm getting the feeling that it's kind of like ambulance chasing for players who played only a short time before leaving the league.

The NFL, NCAA, and Players Associations don't want anyone to get hurt. Most of the players that got concussions and no longer play would have continued playing if they didn't have OTHER injuries or didn't make the cut. Typically knee issues or foot issues or back issues or neck issues cause more long term harm to the game playing ability. I know the long-term head injuries are causing severe depression and other problems. I'm glad the NFL and referees are taking a solid stance to help reduce those injuries where possible and hope new developments in helmet technologies and the rules of engagement for players will make things even better in the future without taking away from the spirit of the game.
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It's not about ignoring the fact that the game is violent by nature and injuries will occur, it's totally based on the fact that the NFL has wantonly covered up their own internal research into the nature of injuries, downplayed conussions for decades, ignored the health of retired players for as many decades while continuing to profit off of their legacy.

It's the willful act of hiding known information and being able to get away with comparative fair labor practices that one would expect of their organization.

Think of it as the Tobacco settlements. Everyone knew that cigarettes were dangerous. Everyone knew these things--the industry was sued because they hid their own internal research about the addictiveness of nicotine while continuing to market their products as if that wasn't the case. Internal memos fully disclosed consumer trust violations.
 
I think its stupid. Its like suing the US military when you get shot by the enemy and say that the military said you MAY get shot but not that you may be paralyzed. Stupid all around.
 
Oyeve said:
I think its stupid. Its like suing the US military when you get shot by the enemy and say that the military said you MAY get shot but not that you may be paralyzed. Stupid all around.
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Wounded veterans tend to get massive benefits, though. well, they used to. Not sure about now. Which, if they don't, should also be considered a crime.
 
zinfamous said:
Wounded veterans tend to get massive benefits, though. well, they used to. Not sure about now. Which, if they don't, should also be considered a crime.
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I don't think you can call any benefits veterans receive, wounded or not, now or ever, massive. Comparing to the sacrifice they made is a joke.
 
There won't be much of any changes to what has been agreed on already. Both sides have accepted the terms. At most your likely to see is some type of trust provision to ensure coverage for those already stipulated for.
 
GagHalfrunt said:
Agreed. Settlement should have been 10 times that, still wouldn't be what the league takes in in a single year.
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The NFL was getting off easy on this. It should be more than what they take in a single year. If they had not denied this for so long, then I could agree.
 
A few million to a player for his concussion is nothing compared to the amount made from such hits and how they're replayed over and over.

The violence is the attraction - it's like how the Roman Empire entertained the masses.

On those replays, I'm looking forward to a blurb in the corner: "This concussion brought to you by Pampers."
 
At what point is it up to the player to just say no? Wes Welker was used as an example earlier. Surely he has been educated to the risk at this point.

(And yes, this example is more about the current group of players and definitely not opposition to the court stepping in on the suit settlement.)
 
Fingolfin269 said:
At what point is it up to the player to just say no? Wes Welker was used as an example earlier. Surely he has been educated to the risk at this point.

(And yes, this example is more about the current group of players and definitely not opposition to the court stepping in on the suit settlement.)
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There is no way we can expect a player to voluntarily sit out the rest of the game if he got a concussion in the first quarter. Players have been known to fake baseline tests just so that they are less likely to be forced out when they do get a concussion. Even Manning admitted to doing this: http://www.nfl.com/news/story/09000...-underperforming-on-baseline-concussion-tests

I hope players do begin to understand the severe effects they will suffer in the future from concussions and be honest about needing to sit out the rest of the game.
 
SSSnail said:
I don't think you can call any benefits veterans receive, wounded or not, now or ever, massive. Comparing to the sacrifice they made is a joke.
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any benefits versus none is still better. I do know that, despite the loss of his leg, the constant pain and the alcoholism, my grandfather, at least, received a very nice monthly check and insurance (granted, the VA) from they time he flew into Normandy and until his death.

Yes--I wouldn't say the sacrifice was worth it, but it's better than being dumped on the sidewalk on top of all else.
 
BudAshes said:
I wonder if they are suing the colleges they played at too. They didn't even get paid for those concussions.
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Good point, wonder how the NCAA is going to protect itself against lawsuits as well. The question is, are they considered an "employer" since they are paying the students in scholarship money?
 
HomerJS said:
How about adding free lifetime medical coverage for all tenured NFL players including all living retirees
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This. Issue shouldn't be about winning or losing a court battle. NFL should take care of their own regardless of blame (past or present).
 
the NFL was going to make all of that by selling just 1/2 season of its worst product - thursday night football




(go away thursday night football, we don't like you)
 
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