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Sep. 21, 2016

Thomas V. Girardi

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Thomas V. Girardi

Girardi said he's currently deeply involved in the individual evaluations of his former NFL player clients who will get funds as part of a billion-dollar settlement over head trauma claims. A 3rd U.S. Circuit Court of Appeals ruling in April potentially provides retirees up to $5 million each, affirming a 2015 district judge's final approval of the deal.

"We represent about 1,100 ex-players," Girardi said. "These guys are really hurt, but they may not have strong neurological evidence from their family doctors right now. We intend to make sure each one is worked up medically with the best trauma experts. We're trying to turn over every stone. The settlement was blessed by the court, but very strict qualifications have to be met before individuals can recover."

Senior U.S. District Judge Anita B. Brody of Philadelphia, who is overseeing the multidistrict litigation, twice called for revisions to the settlement to remove limits on the total amount of damages that could be paid out for the injuries uncovered and then to cover further funds for medical monitoring. In re: National Football League Players' Concussion Injury Litigation, 2:12-md-02323 (E.D. Penn., filed Jan. 31, 2012).

A big part of the effort to hold football responsible for its ex-players' conditions is credited to Girardi, who filed the first suit in the country on behalf of linebacker Vernon L. Maxwell and 72 other former players. It was later consolidated with the similar suits that followed nationwide. Maxwell v. National Football League, BC465842 (L.A. Super. Ct., filed July 19, 2011).

"This is a much different thing than if you break your ankle," Girardi said. "Some of these guys are going to get some decent compensation, but some conditions worry me. One part of the brain that gets hurt [in football concussions] is the part that controls temper. I interviewed about 50 spouses, and all of them said the littlest thing can set their husbands off. But temper is not compensable in the settlement. That's going to be dicey."

He added that the litigation has already helped make football safer. "Maybe we can prevent some of the hurt that's happening," he said. "There are new, better helmet designs and stiffer penalties for head-to-head contact." Girardi said he's glad his grandson doesn't play football. "He's playing rugby at Cal, thank goodness."

As for his own athletic career, Girardi recalled his time as a right halfback playing for Loyola High School in Los Angeles. "There was one game where we lost to Mount Carmel by one point, even though we were 40-point underdogs," he said. "In the position I played, you mostly hurt your knee and ankle. I'm sure some of my clients and opponents think I got my bell rung."

— John Roemer

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