NFL Concussion Litigation

Concussion lawsuits against the NFL have surged as former players allege that repeated head impacts during their careers have caused long-term neurological issues, including chronic traumatic encephalopathy (CTE) and other cognitive disorders. These lawsuits challenge the league’s handling of concussion risks.

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.

Medical Assessments

You can participate in the Baseline Assessment Program (BAP) to assess cognitive impairment through the settlement. The BAP includes neurological exams and neuropsychological evaluations. If impairment is found, you may qualify for treatment and monetary awards.

Education and Prevention

The settlement prioritizes education and prevention with the following measures:

• Funding for research on concussion prevention
• Educational programs to inform players about the long-term effects of concussions
• Implementation of new safety protocols and rules in games

All players are encouraged to take part in these programs to understand the risks and adopt safer practices for the future.

Tackling the Legal Challenges Ahead

At Meyers & Flowers, your case is taken seriously. If you are a former NFL player dealing with brain injuries, your fight for justice is at the forefront of these legal battles. Our firm is actively representing individuals like you in seeking compensation for the harm suffered. Your challenges exist both on the field and long after the final whistle has blown, encompassing the medical care you require and the acknowledgment of the risks you were exposed to.

Our legal team is dedicated to assisting you with:

• Facilitating medical screenings to provide comprehensive advice on your rights and interests within the NFL Concussion Settlement.
• Handling the intricate and detailed completion of claim forms on your behalf.
• Ensuring timely submission of your claim to meet the stringent deadlines set forth in the NFL Concussion Settlement.

By pursuing separate lawsuits for each former NFL player, the firm recognizes that every case is unique. Your experiences, injuries, and needs dictate a tailored approach to seeking the damages, treatment, and medical monitoring necessary for your condition. These efforts are not just about past grievances; they represent a contention for better awareness and handling of player health within professional sports, ensuring you receive the support you deserve.

What Compensation Can NFL Concussion Cases Receive?

To be eligible for financial compensation, you must obtain a “Qualifying Diagnosis” from a specialist authorized by the Court-Approved Amended Settlement Agreement to make such diagnoses. These diagnoses include:

• Alzheimer’s Disease
• Parkinson’s Disease
• Amyotrophic Lateral Sclerosis (ALS)
• Chronic Traumatic Encephalopathy (CTE)
• Dementia

Compensation Amount

The amount you receive from the Settlement will be determined by the Qualifying Diagnosis you receive, and the compensation is predetermined according to the terms outlined in the Amended Settlement Agreement:

Compensation decreases by $75,000 to $100,000 for every five years of age beyond 45 or every season played less than five.

Peter Flowers’ Involvement in a Lawyer Committee Established by the NFL Concussion Settlement Player Advocacy Committee

Peter J. Flowers is a vital member of the newly established Lawyer Committee, part of the NFL Concussion Settlement Player Advocacy Committee (PAC). His role in the committee is crucial due to his strong advocacy for the rights of former NFL players who have experienced concussion-related issues.

As a member, Pete is actively involved in creating a framework to develop essential skills necessary for effectively representing former athletes in legal matters. He also promotes collaboration among law firms to ensure that former players receive unified and skilled representation. As outlined in the settlement guidelines, this involvement is essential for maintaining consistent expertise over the next 50 years.

With over 20 years of experience handling complex litigation, Pete is well-equipped to advocate for his clients. His background at Meyers & Flowers has prepared him to overcome institutional obstacles and pursue fair resolutions for his clients. By leveraging the committee’s knowledge and resources, Pete aims to strengthen the legal support system for former players, ensuring they receive the most informed and competent representation available.

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.

Current State of Affairs

As you work through the challenges of NFL concussion litigation, it’s important to grasp the ongoing legal disputes, the league’s position, and how former players are driving change.

Ongoing Litigations

• Cases Filed: Many former NFL players have filed lawsuits against the league. These cases generally claim that the NFL did not sufficiently safeguard players from the lasting effects of concussions and neglected to disclose the actual risks linked to head injuries.
• Status Updates: The legal process is at different stages, with some cases in the pre-trial phase and others possibly heading towards settlement talks. The courts are actively overseeing the docket to ensure that each case is addressed.

NFL’s Position

• Official Statements: The NFL has consistently issued statements emphasizing its commitment to player safety. It has adopted rule changes aimed at reducing head impacts and improved protocols for managing concussions when they occur.
• Defensive Strategies: Legally, the NFL has defended itself by challenging the claims on multiple fronts, including questioning the evidence presented and using scientific data regarding brain injuries.

Player Advocacy and Response

• Former Players’ Efforts: Players who have been affected have been speaking out, asking for acknowledgment of their conditions related to repeated head injuries. They seek compensation and recognition of the health issues they believe stem from their time as players.
• Public Campaigns: These athletes are using media interviews and social media to raise public awareness about the effects of concussions. They also advocate for improved health support and financial assistance for retired players with neurological conditions.

Meyers & Flowers is Here to Help

We are currently representing former NFL players who have suffered brain injuries during their careers and are filing separate lawsuits on their behalf. Our goal is to seek damages, treatment, and medical monitoring for the neurological injuries they sustained while playing in the NFL.

Meyers & Flowers is prepared to work tirelessly to ensure you receive the justice and financial support necessary for your rehabilitation and well-being. Navigating a legal battle against a major entity like the NFL can be intimidating, but you are not alone. We take your struggle for fair treatment seriously and are here to offer you the expertise and legal counsel you deserve.

Contact Meyers & Flowers today to begin discussing your case with a team confident in its ability to represent you. Book your consultation and take the first step towards resolving your NFL concussion-related claim with the support and resources you need.