NFL Concussion Litigation

Initial Lawsuits

Legal issues arose as former NFL players filed lawsuits against the league, alleging long-term health effects from concussions sustained during their careers. The claims focused on the NFL's failure to inform players about concussion risks and adequately protect their health.

Master Complaint and Settlement

In 2012, over 4,500 former players filed the class action NFL Concussion Lawsuit. They sued the NFL for compensation for former players' neurological deterioration and the recognition that it came as a result of playing NFL football.

The NFL concussion lawsuit, which has since been settled, contained many allegations against the league. Two such allegations were that the NFL:

• Knew about the long-term health risks associated with concussions; and
• Ignored and concealed this information to protect the economic value of the game

These claimants claimed that the negligence and concealment by the NFL resulted in long-term brain damage to its players. This manifested in various neurological impairments such as CTE, Parkinson's disease, early dementia, and Amyotrophic lateral sclerosis (ALS).

In 2015, the NFL concussion lawsuit was settled, and the terms included:

• Compensation: Players may receive up to $5 million based on the severity of their diagnosed conditions.
• Baseline Assessment Program: Medical exams to diagnose current and future conditions.
• Education Fund: A $10 million fund for promoting safety and injury prevention in sports.

Ultimately, the NFL agreed to an uncapped settlement, providing compensation for medical exams and neurological treatments for retired NFL players.

Controversies and Challenges

The NFL Concussion Litigation has encountered challenges and contentious debates, especially regarding the adequacy of settlements, the effectiveness of medical protocols, and the frequency of claim denials:

• Disputes Over Settlement Amounts: The settlement amounts are a significant point of debate in NFL concussion litigation. Critics argue that the compensation for former players is insufficient, especially for those with severe neurological conditions.
• Criticism of Medical Protocols: The medical protocols developed from the litigation have been criticized for not being thorough enough. They are considered outdated and not in line with current scientific knowledge about head trauma. Additionally, critics argue that they don't meet the needs of players with conditions that have emerged since the settlements.
• Reports of Denied Claims: Another critical issue you may face is the high number of claims reportedly denied by the NFL. Officials have cited a lack of proper documentation for many denials. There are also allegations of bias in the evaluation process, with some claiming it is designed to reduce the league's financial responsibility.