In re: National Football League Players' Concussion Injury Litigation
Published: Nov. 16, 2013 | Result Date: Aug. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-md-02323-AB Settlement – $765,000,000
Court
USDC Pennsylvania
Attorneys
Plaintiff
Graham B. LippSmith
(LippSmith LLP)
Michael P. Lehmann
(Hausfeld LLP)
Christopher A. Seeger
(Seeger Weiss LLP)
Jeannine M. Kenney
(Hausfeld LLP)
Thomas V. Girardi
(Girardi & Keese)
Defendant
Theodore V. Wells Jr.
(Paul, Weiss, Rifkind, Wharton & Garrison LLP)
Beth A. Wilkinson
(Wilkinson, Walsh & Eskovitz LLP)
Facts
Over 4,500 retired football players filed suit against the National Football League over concussion-related brain injuries. While the players initially filed individual cases that were consolidated in Pennsylvania, the NFL argued that the claims had to be taken to arbitration under the terms of its collective bargaining agreement. The parties were ordered to meet and attempt to compromise before the merits of their arguments were considered.
Result
The parties settled for $765 million. $75 million out of the settlement would be used to cover medical costs for players showing signs of cognitive impairments. $675 million would be used to compensate former players who have suffered cognitive injuries. $10 million would be put towards education and research. The rest would be used to cover various legal fees and costs. The parties then submitted this settlement for the court's preliminary approval. However, on Jan. 14, 2014 Judge Anita B. Brody declined to approve the parties' settlement agreement. Judge Brody stated that although the parties' efforts in reaching a settlement was "commendable," she had reservations regarding certain class members. Judge Brody expressed concern that the funds would not be enough to pay all retired NFL Football players who ultimately receive a qualifying diagnosis or their related claims. Judge Brody had other concerns that affected the fairness, reasonableness, and adequacy of the settlement. As such, the judge declined to approve the parties' $765 million settlement.
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